NEWPORT NEWS, Va. (WAVY) — A man will serve seven years in prison in connection to the death of a 17-year-old outside a Menchville High School basketball game in 2021.
A Newport News judge sentenced Demari Batten, 20, to 16 years in prison, with nine of those years suspended if he maintains good behavior while in custody.
Batten had been accused of killing 17-year-old Justice Dunham, but a jury found him not guilty of voluntary manslaughter. However, he was found guilty of three gun charges, including discharging a firearm on school property, possession of a firearm on school property and carrying a loaded firearm in public.
The Commonwealth requested a five to seven-year active sentence and supervised probation. The Commonwealth’s Attorney told the judge Batten “made a series of choices every step of the way.” The Commonwealth also had Dunham’s father, Michael Dunham, share a victim impact statement.
Batten’s attorney, Mario Lorello, asked the judge to stick to the one-day to six-month sentencing guideline. He said Batten was attacked and called Batten’s actions self-defense.
Batten told the judge himself that what he did was wrong, but he was not trying to hurt anyone. He apologized to Dunham’s family and said “this will always be on my conscience.”
Michael Dunham said this outcome is justice for Justice.
“Pleased with going through the other two trials, I felt that those outcomes were unjust,” Michael Dunham said. “I’m so pleased today that Demari Batten is not walking out of jail. I think it’s one step in the right direction. … No amount of time is going to bring my son back, but at least today, it’s a step in the right direction. … I’m truly thankful to Judge Suggs, who is going above and beyond the sentencing guidelines for the severity of the crimes that were committed by Demari Batten.”
Batten’s father told 10 On Your Side’s Lauryn Moss that he wanted the judge to follow the sentencing guidelines.
“That’s what we were hoping for, but being that it was on the school property and there’s a lot of things going on with the school, we’re looking to kind of like set example for it… I was kind of shocked that, you know, just given seven years. But I said it could have been worse and we’re glad it’s over with,” he said.
Lemar Batten said his son is becoming a better young man and is staying positive while trying to figure out what he can do once he gets out.
Michael Dunham said the judge’s sentence is a precedent and should show young men and women that this type of behavior isn’t tolerated.
“This whole we don’t fight, we shoot, I think, is what has pushed the threshold of teenage high school fights and drama into murders and guns,” Dunham said. “So I think the precedent that the judge has set is, you know, that type of behavior is not going to be tolerated, and if we continue with that … [it] will have a ripple effect in our community, and less and less families, less and less of our youth, will be affected by gun violence.”