VIRGINIA BEACH, Va. — A man charged in connection with a March shooting at the Oceanfront had his charges dismissed Thursday after video shown in court indicated he did not attempt to take another man’s gun or fire during the incident.
During Thursday’s preliminary hearing, Matheus Cavalcante, who had his charges in connection with this shooting set aside, told his side of the story for the first time about what he said happened the night of March 7th.
Cavalcante was at the Oceanfront because it was the first warm day of the year, and he planned to attend a party with friends at a hotel.
Cavalcante said those plans fell through and that, while he was walking along Atlantic Avenue, two people attempted to grab a gun he was legally carrying openly on his hip.
Cavalcante identified the two people as Jamari Horton and Alex Scott. He said he ran away and, when he turned around, Ba’Shaun Williams was firing a gun in his direction.
Cavalcante told the judge he fired back in self-defense.
Six people were injured in the shooting, which eventually led to a temporary curfew at the Virginia Beach Oceanfront.
One of the victims, Johnte Kirby, testified during Thursday’s hearing. Kirby, a student-athlete at Virginia Peninsula Community College, was shot in the ankle during the incident. He said he does not know when he will fully recover.
“It was the first warm day. I kind of regret going now because of this,” Kirby said. “It was the first warm day, so I just wanted to get outside and see how it’s going to be, but it’s life-changing now.”
During Thursday’s hearing, charges were dismissed against one of the suspects, Andrew Anthony, who, during testimony, was alleged to have pulled out a gun during the incident but did not fire.
The video shown in court appeared to show that Anthony did not attempt to take Cavalcante’s gun either.
“I think what helped my client out was the video, which basically showed my client not involved in this,” Eric Korslund, Anthony’s attorney, said. “He was there at the time this happened, but he took no part in this.”
Williams, Horton, and Scott still face nine charges each, including four counts of unlawful wounding.
The cases will now move to Circuit Court.
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