NEWPORT NEWS, Va. — Demari Batten was found not guilty of voluntary manslaughter in the deadly shooting of 17-year-old Justice Dunham.
The shooting happened here at Menchville High School.
Dunham’s father is shocked about the not guilty verdict.
"Sitting in the courtroom listening to to the verdict, as quick as it came back, I was expecting a guilty verdict," Mike Dunham, Justice Dunham's father, said.
In October 2022, 20-year-old Demari Batten’s first trial ended in a mistrial for second degree murder in the Dec. 14, 2021 deadly shooting.
News
Mistrial declared in former student's murder trial of Newport News teen
The shooting happened after a Menchville High School basketball game in Newport News. Woodside High School student athlete Justice Dunham was killed.
"Unfortunately, this is where my son took his last breaths," Dunham said while talking with News 3's Leondra Head at Menchville High School. "He was found face down in this grass area."
Demari Batten’s attorney says after the game, a group of teens attacked him while he sat in a car.
Batten’s attorney says Batten fired his gun and acted on self defense killing Justice Dunham. The jury agreed with Batten's defense.
News
Three guns found at scene of fatal Newport News high school parking lot shooting
"They came up to his car and opened the passenger door and began to punch him in the face, and there was a struggle over the firearm in the car that was his gun," Mario Lorello, Batten's attorney.
"If Demari Batten wouldn’t have brought a gun to this school parking lot, everybody would still be alive," Dunham’s father said.
Dunham says his family has been staying strong since his son was killed and had a banner made in honor of his son to bring awareness to gun violence.
"I had this banner made after Justice was killed and it hangs on my house. With his life being stolen so early, his future was so bright so we got to remain strong and what we call it is ‘Justice’ strong," Dunham said.
Here's what Justice Dunham’s father says he would say to Batten.
"What I would say to Demari Batten is 'You killed my son and you know you killed my son,'" Mike Dunham said.
News
Newport News high school student arrested after deadly shooting in school parking lot
In Batten’s first trial that ended in a mistrial, the jury found him guilty of having a firearm on school property and discharging it on school property.
"Damari remains in custody on the two charges the prior jury found him guilty on which were discharging a firearm on school property and possession of a firearm on school property," Lorello said. "He’s gonna have to face the consequences for that, he had his gun on school property."
Batten is awaiting sentencing for those charges.
Virginia law says having a gun on school property and using it in a threatening manner is a minimum sentence of 5 years.
