The trial for Markal Cook, accused of killing 15-year-old Jeyani Upshur during a 2024 carnival at Mount Trashmore, has been postponed after too few jurors appeared in court on Wednesday.
Cook faces charges of second-degree murder and use of a firearm in the commission of a felony in connection with the teen’s death. Upshur was found shot to death in a parking lot outside the Mount Trashmore summer carnival over Memorial Day weekend last year.
Cook pleaded not guilty Wednesday morning in Virginia Beach Circuit Court.
Jury selection was scheduled to begin, but the process stalled when only 23 of 35 summoned jurors reported for duty — not enough to proceed. Court officials attributed the shortage to a new jury notification system that went into effect earlier this month.
Cook’s attorney, James Broccoletti, said the delay has been especially difficult for his client.
“It’s more frustrating for Mr. Cook and his family,” Broccoletti said. “They’ve waited for this day since May of 2024. He’s been in jail for a year and a half. It’s very unfortunate.”
Tensions flared outside the courthouse as relatives of both Cook and Upshur exchanged heated words following the postponement.
During Wednesday’s hearing, the judge also limited the testimony of the lead detective. The detective will not be permitted to identify Cook in two of the three videos being used as evidence.
Cook’s defense argued that only one video — an Instagram post — contains footage of Cook identifying himself to law enforcement.
Attorneys for both sides are expected to reconvene next week, though a new trial date has not yet been set.
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