VIRGINIA BEACH, Va. — In a Virginia Beach courtroom on Tuesday, new evidence was shown that prosecutors say ties 19-year-old Markal Cook to the shooting of 15-year-old Jeyani Upshur, including surveillance video from when the shooting took place at Mt. Trashmore.
Members of Upshur's family were in the courtroom Tuesday as new details painted a clearer picture of what happened outside the summer carnival at Mt. Trashmore on May 25.
"It took a toll on the whole family, it took a toll," said Elliott Boddie, a family member of Upshur's.
The commonwealth had a total of 10 witnesses on Tuesday.
Watch: Surveillance, cell phone video shown in court
Several claimed at one point that the carnival, across the street from the park, was no longer allowing people in.
One witness said they were with Cook's brother as they were walking across the street from the carnival to be picked up. They said the brother saw someone they didn't like and went to fight him.
New video shows two groups begin to fight and ends with one person pulling out a gun, and Upshur falling to the ground.
"Actually seeing her drop like that, that took a toll," Boddie said. "Because at the end of the day whoever he was shooting towards, that wasn't meant for her."
The same witness claims as they were running away from the shots, they found Cook lying down near a playground. He said he had been shot.
They also said a gun was nearby.
Detectives believe what Cook was wearing that night matched up to the person firing a gun in the video.
Another witness was a detective who said a text message from Cook's phone stated someone was going shoot his brother, so he shot them, and somebody shot him.
Cook's attorney said they do not believe Cook was the shooter or that he even had a gun on him that night.
James Broccoletti, one of Cook's attorneys, said his client feels for the family.
"I would like to say that it's tragic for a young girl to be shot at what's supposed to be a friendly carnival and a gathering in the city," Broccoletti said. "Markal and his family express their utmost remorse for the tragic death of this young girl."
Watch previous coverage: Man shot near Mt. Trashmore carnival charged with 2nd-degree murder
The judge did find the commonwealth was able to prove its burden, and the case will now head to a grand jury in January.
Cook is charged with second-degree murder, use of a firearm in the commission of a felony, and unlawful carrying of a concealed weapon in connection to the incident.
Allegations in court documents say Cook was recorded in a video taking a pistol from a concealed location and firing into a crowd. However, in a jailhouse interview with News 3 back in June, Cook claimed he was nothing more than an innocent bystander trying to survive the chaos.
Watch previous coverage: Teen shot in Mt. Trashmore carnival incident maintains innocence in jailhouse interview
He says during the incident, a bullet went through his lung and spinal cord.
It is still unclear how Cook ended up being shot or who shot him.
