VIRGINIA BEACH, Va. — The case against a Virginia Beach man shot by police officers earlier this year will go to trial.
A judge certified three charges of assault and battery against a law enforcement officer this morning for 32-year-old Brian Besecker.
News 3 was inside the courtroom for Besecker’s hearing when attorneys played police bodycam footage of the encounter.
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“ I hope you’re running away from a loaded firearm,” you can hear Besecker saying in the footage.
Then police shouting “Hands!”
Immediately after, police shoot the man in the door, who attorneys say is Besecker.
The incident happened at an apartment complex off Birdneck Road in January. It began with a call for possible domestic violence.
Besecker survived and was there during Friday’s hearing.
The officer who fired one of the shots testified that police knocked and announced themselves multiple times, which you could hear in the footage.
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Several seconds later, you can hear a voice on the other side of the door saying he had a loaded gun.
The testifying officer said Besecker emerged from the apartment with a weapon pointed directly at him, with two other officers in the vicinity. The officer said he feared for his and the other officers’ safety, so they shot Besecker.
The prosecution said the encounter amounted to assault and battery against the three officers.
Defense Attorney Brian Latuga argued there was no evidence that Besecker knew it was police knocking. He told News 3 that he believes the video and the fact that his client was the only one injured that night exonerates Besecker of those specific charges.
Latuga also said Besecker is grateful to be alive.
Attorneys tell us they expect the case to go to trial.
