Charge against accused in Charlottesville car attack upgraded to 1st-degree murder

The second-degree murder charge against a man accused of driving into a crowd protesting a white nationalist rally in Charlottesville, Va., has been upgraded tofirst degree afterahearingThursday duringwhich prosecutors presented surveillance video and other evidence.

Prosecutors announced at the start of thepreliminary hearing forJames Alex Fields that they were seeking to upgrade the charge from theAug. 12collision that left 32-year-old Heather Heyerdead and dozens wounded.

The judge agreed to the upgrade, and ruled there isprobable cause for all charges against Fields, including nine lesserfelony counts, to proceed.

Fields's case will now be presented to a grand jury for anindictment.

Authorities say the 20-year-old, described by a former teacher ashaving a keen interest in Nazi Germany and Adolf Hitler, drove hisspeeding car into a group of people protestingaUnite the Rightrally that drew hundreds of white nationalistfrom around the country.

The attack came after the rally in thisVirginia college town had descended into chaos with violentbrawling between attendees and counterdemonstrators andauthorities had forced the crowd to disband.

Surveillance footage shown

Surveillance footage from a Virginia State Police helicopter,played by prosecutors in court, captured the moment of impact by thecar and the cursing of the startled troopers on board. The videothen showed the car as it reversed, drove away and eventually pulledover.

The helicopter had been monitoring the violence, andprosecutors questioned Charlottesville police Det. Steven Young
about the video as it played.

Another surveillance video from a restaurant showed the car headslowly in what Young testified was the direction of the
counterprotesters, who were not in view of the camera. The carreversed before speeding forward into the frame again.

After that footage was shown, a man in the crowd shouted an expletive andcried out, "Take me out." He and others left the courtroom.

Fields's lawyer, Denise Lunsford, did not present evidence or make anyarguments at the hearing, although she did cross-examine thedetective.

Fields was photographed hours before the attack with a shieldbearing the emblem of Vanguard America, one of the hate groups thattook part in the rally, although the group denied any associationwith him.

A former teacher, Derek Weimer, has said Fields was fascinated inhigh school with Nazism, idolized Hitlerand had been singledout by officials at his Union, Ky., school for "deeply held,radical" convictions on race.

No weapon found in car

During her cross-examination of Young, Lunsford asked if searchesof Fields's computer, phone or social media revealed any evidencethat he was part of Vanguard America or any other white nationalistgroup. Young said, "No."

Young also testifiedhe was among the first officers torespond to the scene where Fields pulled over. No weapon was foundin the car, he said.

WARNING | graphic content | Car plows into Virginia crowd

7 years ago

Duration 1:37

Amateur video shows the moment a man, later identified as James Alex Fields, 20, allegedly drove his car into a crowd of demonstrators protesting a white nationalist gathering in Charlottesville, Va., killing a woman and injuring 19

Lunsford asked the detective what Fields said as he was beingdetained.

Fields said he was sorry and asked if people were OK, accordingto Young. When Fields was told someone had died, he appeared shockedand sobbed, Young said.

Young said authorities had identified 36 victims of the carattack, including Heyer a number higher than officials have
previously given. Some have significant injuries and are"wheelchair bound," Young said.

Fields would have faced between five and40 years in prison for asecond-degree murder conviction. First-degree murder carries apenalty of 20 years to life in prison.

Charlottesville General District Court Judge Robert Downer Jr.also presided over preliminary hearingsThursdayfor three otherdefendants. Charged in cases related to the August rally are RichardPreston, who is accused of firing a gun, and Jacob Goodwin and AlexRamos, who are accused in an attack on a man in a parking garagethat was captured in photos and video that went viral.

The judge certified the charges against all three men. All thosecases will also head to a grand jury.

Jason Kessler, the main organizer of the Unite the Right rally,was in court to watch the proceedings. When he arrived Thursday,asmall crowd of angry protesters outside the courthouse chanted"Blood on your hands."