NEWPORT NEWS, Va.— The mother of a teenager shot and killed in the Menchville High School parking lot after a basketball game is talking to News 3 exclusively about the mistrial declared in her son's case. Now, she's raising awareness against gun violence.
In, Dec. 2021, then-17-year-old Justice Dunham died following a shooting after a basketball game at the school.
"Kelsey, it's mental warfare. It's mental warfare every day" January Serda, Dunham's mother, told News 3's Kelsey Jones.
Serda still grieves for her son, a Woodside High School football player.
"I know that my son Justice is at peace, and I'm healthy and healing," said Serda.
Demari Batten was charged with second-degree murder in the case. But last week, a Newport News jury did not reach an agreement in the case, and the judge declared a mistrial. The jury convicted Batten on three of four firearms charges, but the murder case is heading toward a retrial.
"Demari Batton killed my son," said Serda.
Batten's attorney, James Broccoletti, argued it was a clear case of self-defense. He told News 3 that texts from Dunham's phone showed his group felt disrespected by Batten and planned to retaliate the next day.
"There were texts from the decedent's phone from the day before saying that his group had been disrespected by Batten and they were going to beat his ass the next day," Broccoletti told News 3. "The text was sent to the man that was at the passenger’s side of the car attacking Batten as the decedent was at the driver's door. In addition, the last two texts on the decedent's phone were from the basketball game that night and basically said 'there goes Demari,' and 'Spot em got em.' Finally, a civilian witness testified that he saw two to four guys running at Batten's car and one of them on the passenger side inside the open door throwing punches."
But Serda said those text messages don't tell the whole story.
"It didn't seem right that they only subpoenaed my son's text messages. They did not subpoena Demari Batten's text messages" Serda said.
Serda told News 3 she felt Jones was starting to "hang out with the wrong crowd." News 3's Kelsey Jones asked what she meant.
"I just didn't know these individuals that Justice was with when this horrible night happened. From what I can gather again this was just not his friends," said Serda.
Pictures and memories capture a glimpse into Dunham's short 17 years on earth. His mom said they're all they have left. She and her family put signs around the city called "Justice for Justice" to raise awareness against gun violence.
"Unless we shine the light on the senseless gun violence and talk about this, it's going to continue to be something we should all worry about," Serda said. It's just our family's way of honoring Justice and continuing to remember him and his amazing life."
But Serda is also taking it a step further. She joined a program at Riverside Hospital called "Hand in Hand." It helps gun violence victims get the resources and counseling they need and it allows her to share a message with other moms.
"Talk to your kids," she said. "Do your best to be on top of who they are around."
A new trial date for the murder charge has not been set. A sentencing hearing for the three guilty counts is scheduled for January 2023.
