VIRGINIA BEACH, Va. — A number of witnesses are expected to take the stand during a trial for Markal Cook, the man charged in connection with a deadly shooting that took place at the 2024 Mount Trashmore Summer Carnival.
News 3 Virginia Beach reporter John Hood is in court on Thursday and will provide updates on developments within this trial.
Cook is charged with second-degree murder and use of a firearm in the commission of a felony in connection with the deadly shooting of Jeyani Upshur. She was 15 years old when she was found shot to death in a parking lot outside the Mount Trashmore summer carnival during Memorial Day weekend back in 2024. Cook — who was also shot during the incident — had pleaded not guilty in Virginia Beach Circuit Court.
Watch previous coverage: Trial begins in fatal shooting at Mount Trashmore carnival
On the first day of the trial, David Talmage and Charles Agerter, the prosecutors in the case, told the jury they will see video showing Cook backing away from a fight before firing a gun twice into a crowd. They said the second shot struck Upshur in the back of the head.
Cook is represented by James Broccoletti and Mario Lorello. During their opening statements, the defense attorneys said everyone can agree Upshur did not deserve to die, but argued the Commonwealth's evidence will not establish that any shot Cook fired was the one that killed Upshur.
One video played in court Wednesday was body camera footage from a Virginia Beach police officer who found Cook suffering from a gunshot wound near the Mount Trashmore playground on Edwin Drive that night.
Watch previous coverage: Jury shortage delays trial for man charged with shooting teen at Mount Trashmore Carnival
In the video, Cook can be heard telling the officer he heard three gunshots and believed the shooter ran back toward the mound.
Another video shown in court on Wednesday was body camera footage from an officer who found a gun about 30 feet from where Cook was found.
Upshur's brother testified Wednesday that he was good friends with Cook's brother and that they had been hanging out at the carnival.
He said that as they were leaving the carnival area, a group of more than 20 boys approached them and a fight began near the parking lot.
The trial against Cook was set to begin back in Nov. 2025; however, it was delayed after the jury selection process halted when only 23 of 35 summoned jurors reported for duty — not enough to move forward. Court officials blamed the shortage on a new notification system that began earlier that month.
Watch full press conference: Virginia Beach Police Chief Paul Neudigate details shooting near Mt. Trashmore carnival that left teen dead
Cook’s attorney, James Broccoletti, previously said the delay has been difficult for his client.
“It’s more frustrating for Mr. Cook and his family,” Broccoletti said. “They’ve waited for this day since May of 2024. He’s been in jail for a year and a half. It’s very unfortunate.”
Tensions were high outside the courthouse back in Nov. 2025 as family members of both Cook and Upshur argued following the postponement.
Lanarda Shambley, Upshur's mom, previously spoke to News 3 about the loss of her daughter. She said her daughter was a planner, silly, and tough even when it came to sports. Shambley recalled the last time she spoke with her daughter.
"I said I was just about to say, 'Are you going to leave and not say anything to me?' She said: 'No, we're about to leave now, I was not gonna forget to tell you we leaving.' and so I said, 'Okay you have a good time'," Shambley remembers.
In a previous jailhouse interview with News 3, Cook said he is innocent and offered prayers for the 15-year-old's family.
Watch: Markal Cook, shot in Trashmore carnival incident, gives jailhouse interview
"I was nothing more than an innocent bystander who was trying to desperately survive all the chaos that took place that day," Cook said.
Court documents obtained by News 3 detailed how Cook was recorded on video pulling out a gun when the shooting happened.
As News 3 has previously reported, police said the shooting was the result of a fight outside the carnival in a parking lot across the street.
Initially, police said the fight was a continuation of a fight that occurred inside the carnival and was broken up by law enforcement. Police later said, however, the fight inside the carnival and the fight that led to the shooting are not related.
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