VIRGINIA BEACH, Va. — The start of a three-day jury trial for a man accused in the 2024 shooting death of a teenage girl outside Mount Trashmore has been delayed after too few jurors appeared in court Wednesday.
Markal 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.
Cook pleaded not guilty Wednesday morning in Virginia Beach Circuit Court.
Jury selection was set to begin, but the process was 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 this month.
Cook’s attorney, James Broccoletti, 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 as family members of both Cook and Upshur argued following the postponement.
During Wednesday’s hearing, the judge also granted a defense motion limiting the testimony of the lead detective in the case. The detective will not be allowed to identify Cook in two of the three videos being used as evidence.
Cook’s defense team argued that only one of the videos — an Instagram post — included Cook identifying himself to law enforcement.
The Commonwealth and Cook’s attorneys are expected to meet again in court next week, but a new trial date has not yet been set.
