CHARLOTTE, N.C. — The defense called for a mistrial Wednesday in the case of a man accused of killing a protester during the 2016 riots in uptown Charlotte.
The FBI and Mecklenburg County Sheriff's Office said they were investigating a phone call made by Rayquan Borum from behind bars. Authorities said Borum threatened Judge Hayes in a conversation with his mother on February 20.
On Wednesday, NBC Charlotte noticed there was extra security in the courtroom near Judge Hayes. The defense also made a motion for the judge to recuse himself from the trial.
“The motion for mistrial, based on the defendant’s intentional conduct in the case law provided, is denied," said Judge Hayes.
On Friday, a superior court judge will hear the motion for Hayes' recusal.
Earlier Wednesday, jurors heard explosive testimony from a man who said he witnessed the shooting of Justin Carr.
Kendell Bowden said he met up with a friend and Borum on that night and saw the defendant pull a gun, aiming it at police outside the Omni Hotel.
Bowden said the gun didn’t go off, but Borum then fired the gun in the direction of protestors and police as he walked away.
Those who were in the courtroom Wednesday also watched Charlotte-Mecklenburg Police video where Bowden, who was convicted of Identity theft, told detectives the same thing.
On Tuesday, video taken by a freelance photographer showed chaos and confusion in the moments after the shooting.
Crime Scene Investigators (CSI) with CMPD were also called to the stand to build a case against the defendant.
The jury was shown a series of photos taken by a CSI photographer the night Carr was killed while participating in the protest of the officer-involved shooting of Keith Scott.
The defense was expected to cross-examine the CSI team in the future.
On Monday, opening statements were given in the trial.
The state said Borum went out that night with the intent to commit robbery. CMPD Det. Richard Jones said a video showed Borum raise his arm and shoot into the crowd -- a shot that would kill Carr.
The defense said the state was trying to make Borum look bad in an effort to sway jurors because they lack concrete evidence. The team said police rushed to make an arrest in Carr's death, and Borum was innocent.
Borum was charged with first-degree murder. If convicted, he would face life in prison.