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Trial continues for Charlotte man accused of raping, killing cousin in 2010

Derek Ward's trial had previously been delayed for years because he was deemed unfit to stand trial because of his mental health.

CHARLOTTE, N.C. — Editor's note: This story discusses sexual assault and domestic violence, which may include descriptions of violent acts. Reader discretion is advised.

The trial of Derek Ward continued in a Mecklenburg County courtroom Thursday and Friday with more emotional moments from the family of Brittini Ward, the cousin he is accused of raping and killing in 2010.

Previously, Derek Ward had been deemed mentally unfit to stand trial, which had delayed the case. But he recently opted to defend himself after a judge allowed the trial to begin earlier this week. Brittini Ward's mother, Dawn Ward, pleaded guilty previously to charges tied to her daughter's death. She had also been charged with having an incestuous relationship with Derek, who is her nephew.

Thursday's hearings began with prosecutors calling forward the now-62-year-old Dawn Ward, now with the surname Whuller, to the stand. Whuller was shown a family photo and began crying, telling the court she and her five children and then-husband did normal family things together. They were Jehovah's Witnesses, and Whuller said she still is one herself.

Whuller cried more as prosecutors showed her a photo of Brittini Ward's room from May 2010, with a bucket of water and a blood-stained bed comforter. She also admitted that her daughter had been diagnosed with schizophrenia at the end of her time in high school, but that the family had an admittedly difficult reaction.

Whuller also confirmed that she and Derek Ward had sex, but that she felt afraid of him and that the family would face problems if they didn't do as he asked. Derek, Brittini and Whuller shared an apartment along with Whuller's four other children. She also said she and Derek Ward had sex both before and after Brittini Ward died.

The night Brittini was killed, Whuller said she had gotten home and asked Derek if Brittini was sleeping. Derek told her Brittini "had a problem and the demons got her," referring to her diagnosed schizophrenia. Whuller said she believed him.

"Things were happening in my home that were very strange," she said, mentioning that lights were flickering at times in the apartment.

Whuller said she saw Brittini in bed, purple and blood all around her, her body cold. She was convinced the "demon" got her, but that she and Derek Ward could get Brittini back by washing her with warm water.

"I never thought to call 911," she said, instead saying she reached out to her elders for help. She also said Derek Ward was trying to help too.

Prosecutors asked Whuller if her other children were worried about Derek Ward, and she said yes. She also said her son, Blake Ward, met her and Derek at a Waffle House prior to Brittini's death, but the conversation didn't go well. Blake left feeling disappointed.

Whuller also said at the end of May 2010, her other children left the apartment and went to live in Columbia, South Carolina with her parents. She said her parents told her it wasn't good to have Derek in the home. Derek also, at some point, forced himself on her sexually, saying it was a ritual.

Carli Ward, Brittini's sister, was also called in to testify. In a tearful testimony, she said she recalled Derek Ward choking her sister three times before she was found dead in the apartment she shared with her mother, Dawn Ward, and her cousin, Derek Ward.

"He put his hands around her throat and started to squeeze and did it three times," Carli Ward recalled. "And while he was choking her, he was saying he wanted the demons to leave his cousin." 

Thursday's hearing concluded late in the afternoon. The trial resumed Friday, this time with Derek Ward acting in his own defense.

Prosecutors called Roy Patterson to the stand. He's an investigator who collected two cell phones as evidence in the investigation. One phone was a BlackBerry that belonged to Ward, while the other was a slider phone he said had text messages that were at some point deleted. However, Derek Ward called this into question.

"I have to pose an objection to those additional photos for that evidence," he said. "It doesn't seem quite correct to me. I think on record [Patterson] said himself that the serial [number] is not present on those evidence photos."

Ward also claimed his BlackBerry was black in color, while the photos entered into evidence appeared to be blue.

The presiding judge also had to intervene several times Friday; Ward often offered commentary as opposed to asking questions.

The trial is set to resume on Monday, August 26.

If you or a loved one is facing domestic violence, help is readily available. You can call the National Domestic Violence Hotline at 800-799-7233 or text START to 88788. Resources for help are available in both North Carolina and South Carolina.

WCNC Charlotte wants to hear about your loved one

If your loved one was impacted by this incident, WCNC Charlotte hopes to make this process less painful with our More Than A Number initiative. With your help, we want to share who your loved one was with our viewers in North Carolina and South Carolina. When you're ready, fill out the form below or send us photos, memories and other details about them to desk@wcnc.com

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