Prosecutors relied on videos, physical evidence and conflicting statements during the three-day Virginia Beach murder trial.
VIRGINIA BEACH, Va. — A jury found Markal Cook guilty of second-degree murder and using a firearm in the commission of a felony in the 2024 shooting death of 15-year-old Jeyani Upshur outside the Mount Trashmore Summer Carnival.
The verdict followed three days of testimony focused on videos of a fight near the carnival, evidence recovered from the scene and statements Cook made after he was wounded. Prosecutors argued that Cook fired toward a group of people and that one of his bullets struck Upshur. Defense attorneys maintained that another shooter was responsible for the fatal wound.
Upshur was shot on May 25, 2024, in a parking lot near Edwin Drive during Memorial Day weekend. Police responding shortly after 8:30 p.m. found Upshur and Cook suffering from gunshot wounds. Upshur was taken to a hospital, where she died. Cook received medical treatment and was later taken into custody.
At trial, prosecutors presented video that they said showed Cook backing away from a fight, drawing a handgun and firing twice toward a crowd. They argued that the second shot struck Upshur while people in the group had their backs turned. Prosecutors said Cook’s decision to fire under those circumstances demonstrated the malice required for a second-degree murder conviction.
The defense disputed whether Cook fired the bullet that killed Upshur. His attorneys said the evidence showed another person was also shooting and argued that the path of the fatal bullet did not match the prosecution’s account. A defense witness testified that she saw a second shooter and attempted to help Upshur after the teenager was wounded.
A medical examiner testified about Upshur’s fatal injury, while forensic investigators described photographing the scene and recovering cartridge cases. Investigators also found a handgun near the area where an officer located Cook with a gunshot wound. Prosecutors used those findings with video evidence to reconstruct the confrontation for jurors.
The lead homicide detective testified that he interviewed Cook three times at the hospital after the shooting. According to testimony, Cook’s description of the incident did not match portions of the available video. Jurors also viewed body-camera footage from his initial hospital interview and heard evidence from a jailhouse interview conducted after his arrest.
Prosecutors highlighted differences among Cook’s statements about where he was, what he saw and how the gunfire began. In one early account captured on police video, Cook said he heard several shots and believed the shooter ran toward the park’s large hill. Prosecutors argued that other evidence placed a gun in Cook’s hands during the confrontation.
Earlier court testimony also addressed a message found on Cook’s phone after the shooting. A detective said the message stated that somebody was about to shoot Cook’s brother, so Cook shot at that person. The prosecution used the message as evidence that Cook had fired, while the defense continued to challenge whether his gunfire caused Upshur’s death.
Witnesses described a large group approaching Upshur, her relatives and friends as they walked away from the carnival. A fight followed, and gunfire broke out. Police initially examined whether the confrontation was connected to an earlier disturbance inside the carnival but later said the two fights were unrelated.
Cook had pleaded not guilty and previously said he was an innocent bystander trying to survive the chaos. His attorneys told jurors that Upshur did not deserve to die but argued that the Commonwealth had not proved beyond a reasonable doubt that Cook fired the fatal shot. The jury rejected that argument and returned guilty verdicts on both counts.
Cook is scheduled to be sentenced Nov. 2. Second-degree murder in Virginia carries a prison term of five to 40 years, while the firearm conviction carries an additional penalty imposed separately from the murder sentence.
Author note: Last updated Aug. 2, 2026.