Bryant Whack soon lost sight of Petitioner and decided to stay at the school and wait until Petitioner returned from meeting the woman.
Not long after Petitioner disappeared, Bryant Whack heard gunshots. On October 29, 2008, Bryant Whack and Petitioner were interviewed by police.
He also learned that the suspect was an approximately six-foot-tall black male, with light or medium skin complexion, about 20 years old, with long hair or dreadlocks.
White later died from the two gunshot wounds to his torso.
At the time White was killed, Bryant Whack, a resident of Fredericksburg, Va., was in town for a funeral and staying with Petitioner in a home not far from the scene of the shooting.
Bryant Whack, called by the State at Petitioner's trial, testified that he loaned his phone that night to his cousin, Petitioner, who used the phone to call a “chat line.” The chat line allowed parties to call a number and talk with strangers, potentially in order to arrange a sexual encounter.
Sometime after midnight, Petitioner told Bryant Whack that he planned to meet a woman with whom he presumably had talked on the chat line.
Bryant Whack decided to accompany Petitioner and they left the house, passing by a school on the way to the encounter.In addition to hearing Bryant Whack's account of events, jurors heard from several scientific and technical witnesses called by prosecutors in an attempt to place Petitioner at the scene of the crime.A police evidence technician testified that he used swabs to collect potential DNA evidence from the interior and exterior door handles of the truck's passenger door, the passenger door armrest, the interior dashboard handle, the passenger seat headrest, the driver's seat, and the center console.During the trial, the prosecution presented several witnesses, including Petitioner's cousin, who testified that Petitioner called the victim's cell phone before the killing and was walking in the neighborhood where the killing took place shortly before the crime occurred.Jurors also heard from a DNA analyst who testified that she could not exclude Petitioner as being the source of DNA recovered from the passenger armrest of the truck in which the victim was shot.In addition to the samples taken from the truck, Charak possessed DNA profiles obtained from the victim White and Petitioner to use as a comparison.