Video evidence played a key role in the murder trial of an Ohio man accused of killing an 18-year-old woman in an alleged street race.
D’marke Moore, 28, faces charges of aggravated murder and vehicular homicide.
Dashcam footage of the street race showed Moore’s 2013 Acura TL racing against a 2003 Ford Taurus just a mile away from a school while Sullivan High School students were taking a test.
Timothy Oliver’s crash killed him, and Taylor Bennett, who was in the Taurus, was seriously injured. Oliver died from his injuries when the street race ended.
Police said the Taurus appeared to have been speeding, but Oliver told investigators that Moore was at fault.
Bennett testified in court that she wasn’t driving at the time of the crash.
Moore’s attorneys argued that the video doesn’t prove Moore was the one at fault, but the police video does.
Judge Andrew Napolitano discussed the evidence on “Justice with Judge Nap,” calling it “remarkable.”
“The lawyers, by all accounts, were not allowed to try this video, even though it was by far the most important piece of evidence in the case,” Napolitano said.
When the defense says ‘We don’t have that on the side,’ they have never mentioned the police video?,” Napolitano questioned.
He said the defense likely made the argument because Moore is in prison, out of court, and not here at the trial.
The defense showed the video to bolster their case that there are no incriminating statements in the text exchange between Moore and Oliver.
“There was an innocent explanation for what you did because you’re racing,” Napolitano said. “It’s a perfectly understandable explanation if you are racing.”
Watch more above.