NEWPORT NEWS, Va. - A mistrial was declared for a former high school student charged with the fatal shooting of a teen after a basketball gameat Menchville High School.
On Wednesday afternoon, a jury was hung in the case of Demari Batten, who was a student at Warwick High School.
Batten was charged with second-degree murder, use of a firearm in the commission of a felony, shooting a firearm on school property, possession of a firearm on school property, and Carrying a loaded firearm in public.
The game was against Woodside High School. Newport News Police previously said during the game, there was video footage showing gestures back and forth inside between people. A very large crowd exited the game into the parking lot once the game concluded, and that is when the shooting happened.
Batten was accused of shooting Justice Dunham during an altercation in the parking lot.
A jury found him not guilty of using a firearm in the commission of a felony.
According to Batten's attorney, James Broccoletti, Batten was convicted of three counts: possession of a firearm on school grounds, discharging a firearm on school grounds, and possession of a firearm with an extended magazine.
A new trial date for the murder charge has not been set, the attorney says.
A sentencing hearing for the three guilty counts is scheduled for January 27, 2023.
