FULTON COUNTY, Ga. — Rapper Lil Durk was in court Friday for a probable cause hearing about his alleged involvement in a shooting outside The Varsity in downtown Atlanta.
The shooting happened on Feb. 5 at 5:49 a.m.
An Atlanta police detective said Lil Durk, whose real name is Durk Derrick Banks, was seen on video shooting a man near The Varsity while he was driving.
Just before 2 p.m. Friday, the judge found probable cause for Lil Durk and his co-defendent, DeaVonte Bennett, to be charged with possession and criminal intent to commit murder, among other charges.
Before he surrendered last month, Lil Durk spoke exclusively with Channel 2 investigative reporter Mark Winne. He said he had "nothing to hide."
Now, two weeks later, Lil Durk and Bennett were in court, hearing Atlanta Police Department detective Jeffrey Churchill lay out evidence against them.
“I spoke to a witness who was there at the scene when the incident took place,” Churchill said.
Churchill said the witness told him she was standing outside, talking to Banks and Bennett in front of a cigar bar around 5 a.m. Feb. 5 when they saw a fight in the car in front of them.
“Mr. Banks pulled out a weapon. They heard gunfire,” Churchill said.
Lil Durk and Bennett sat and listened as prosecutors described the case as gang-related.
Prosecutors said Lil Durk and Bennett are members of Chicago gangs and that they knew the victim, Alexander Weatherspoon, had $30,000, an expensive chain and a nice car -- and that's why he was targeted.
While on the stand, Churchill said he did not find evidence that this was a gang related incident.
Churchill said the victim, Weatherspoon also had a gun, and when questioned by defense said it was possible, that after a struggle in the car between Weatherspoon and another man, that Weatherspoon may have fired the first shot.
Churchill said he did not ask Weatherspoon any details about the large amount of cash he claimed he was carrying. The rapper’s attorneys tried to create doubt that Banks did any shooting.
“You don't see Mr. Banks shooting on the street at any time. The only time you believe he was shooting is when he was in the camouflage Jeep, correct?" an attorney for Lil Durk asked Churchill.
"That's the only time I can see him shooting,” Churchill responded.
After two hours in court testimony and statements by prosecutors and defense, the judge ruled there is enough evidence for the case to go to trial.
Lil Durk and Bennett will be back in court in a month to ask for bond.
Cox Media Group