NORFOLK, Va. - Gary Moore, the man accused of killing one person and hurting two others inside of MacArthur Center Mall, appeared in front of a judge Monday.
Cameras were not allowed inside, but we saw some disturbing video of a physical altercation that happened inside of the Lids store in MacArthur followed by a man getting out a gun and pointing it.
"I only had one son and he was my baby. And for someone to take him away like that, senseless, watching that video seeing him shoot my son like that, which he didn't have to do," said Stacy McKinney-Whack, mother of the victim.
McKinney-Whack was brought to tears inside the courtroom when security camera footage showed her son, Roosevelt McKinney, during the final moments of his life.
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Moore is accused of killing McKinney and hurting two others during a shooting inside of Lids at MacArthur Center Mall.
Two people identified Moore as the man with the gun in the video. A person who claims to be Moore's friend and was inside the store during the shooting along with Moore's probation officer.
Meanwhile, the defense argued that there was insufficient evidence that proved Moore was the man in the security footage.
Judge Leondras Webster sided with the prosecution, saying the video serves as probable cause, allowing the case to move forward.
But, the victims mother says nothing will bring back her 33-year-old son.
"I wish they had capital murder, but to see him go for life, that would do justice, but its not going to bring my son back," McKinney-Whack said emotionally. "He always was happy, the type of person he was, welcomed anyone who came in contact with him, he was the clown of the family."
Two charges were dropped against Moore on Monday.
He still faces second-degree murder, 1 count of malicious wounding, and two counts of using a firearm in commission of a felony.
