NORFOLK, Va. (WAVY) – A murder retrial is underway in Norfolk.
In August, a judge declared a mistrial in the case against Javon Doyle after the jury could not come to a unanimous decision.
Doyle faces 13 charges in the killing of Old Dominion University student Christopher Cummings – the nephew of the late Congressman Elijah Cummings.
The new trial began in Norfolk Circuit Court Tuesday, and in court, a jury heard several 911 calls from June 10, 2011. One neighbor told dispatchers he heard gunshots and saw a man run from Cummings and Jake Carey’s house on 42nd Street. The caller, who was a fraternity brother of Cummings, testified in court he also saw Carey gasping for air. He described that Carey was covered in blood before collapsing on the ground outside in a driveway.
Inside the house, a K-9 officer said he found Cummings’ bloodied body laying lifeless on the ground. The homicide detective who arrived on scene showed the court that the front door was forced open and a security camera above the front door was unplugged. Police found blood throughout the house, a container of marijuana and about $1,020 inside of a lock box.
Defense attorney Emily Munn asked the detective if he believed Cummings was selling drugs when “he got in over his head.” The detectives agreed with Munn.
Another neighbor and fraternity brother testified. He was walking to work around 4 a.m. when he saw Doyle running from the house. A year after the shooting, he identified Doyle in a police lineup. He also told the jury Cummings was concerned for his safety and was considering buying a gun. The detective confirmed that a month before his death, Cummings reported an attempted robbery at his home.
His dad, James Cummings, testified that he had no idea his son was dealing drugs until after his death. It was an emotional day for James Cummings looking at pictures of the crime scene. Detectives confirm Christopher Cummings was shot in the face and chest.
Carey’s dad also took the stand, explaining his son’s recovery after being shot five times, including in the neck. He admitted that he did not get along with the detectives initially because his son was “barely alive” and law enforcement “did not seem concerned, they just wanted information.”
Day two of the trial will resume Wednesday morning. Stay with us on air and online.