A Papa John's employee was killed July 22 trying to help a female co-worker who was being assaulted in the parking lot, police say. (Peter Dujardin)
Prosecutors played a graphic surveillance video Thursday in a Hampton courtroom that showed the killing of a pizza delivery driver who was shot as he tried to intervene in the assault of a co-worker.
Audible gasps throughout the courtroom could be heard as DeShawn Powell was shot and collapsed — prompting an emotional outburst from the 20-year-old’s father, who shouted at the alleged shooter before he was tackled by security and escorted from the courtroom.
Jaylin Avery, 22, faces second-degree murder and gun charges in Powell’s July 22 slaying.
Powell was working as a Papa John’s delivery driver when he left his Hampton store on East Mercury Boulevard that night for a routine delivery. As he exited the restaurant, a man was assaulting one of Powell’s female co-workers in the parking lot. Powell tried to intervene and was fatally shot.
At Thursday’s preliminary hearing in Hampton General District Court, Chief Judge Selena Stellute Glenn certified the charges against Avery.
Hampton Police Detective Steve Rodey, who was called to testify, walked the court through two surveillance videos from the Papa John’s store on the day of the incident.
In the first video, two men enter Papa John’s and ask for a woman who worked there. Other employees could be heard calling for the woman. The two men left the store and could be seen through a window as they walked around the side of the building toward the employee entrance.
A customer entered the store and was being assisted by an employee when two shots rang out. Moments later, an individual who was not on camera could be heard yelling that Powell had been shot.
The second video, which did not have any audio, showed a woman exit the employee door and walk toward the two men. All three disappeared off camera briefly, before one of the menand the woman reappeared walking back in the direction of the employee door.
The man was holding the woman by her hair, visibly jerking her forward. Walking just past the door, the man pinned the woman against the wall, holding her there and leaning in close as they spoke.
DeShawn Powell, 20, of Newport News, was killed on July 22, 2021 in Hampton after trying to help a co-worker who was being assaulted in a Papa John's parking lot. This is a program from a "celebration of life" service on Aug. 2, 2021 in Newport News. (Peter Dujardin)
At that time, Powell walked out the door and to his vehicle, carrying a pizza delivery bag. Leaving it at his car, Powell walked back over to the man and the woman. Powell could be seen speaking the two, then stepping toward the man before the man pulled a gun and shot Powell twice.
Powell was seen fumbling for the door before falling to the ground, blood pooling around him. In reaction to the video, Powell’s father leapt to his feet, throwing his sunglasses and shouting death threats at the defendant.
“That is my son! That is my son!” Powell’s father yelled as half-dozen deputies tackled him among courtroom benches before ushering him out.
The court briefly recessed to allow members of the audience to regain their composure.
In addition to playing the surveillance videos, Deputy Hampton Commonwealth’s Attorney Sheree Konstantinou called two witnesses who identified Avery as the shooter — a claim that the defense argued has yet to be proven.
Rodey, the first detective to arrive on the scene, said the woman who was romantically involved with Avery identified him as the shooter. Rodey said aHonda Accord captured on surveillance footage leaving the scene belonged to Avery.
Aniya Brooks, who was Avery’s probation officer at the time of the shooting, also testified in court that he was the gunman seen in the surveillance footage. Brooks testified she inherited Avery’s case around May 2021, and while she could only remember seeing Avery a few times due to coronavirus precautions, she recognized his “height, build and tattoos” from the footage detectives showed her.
“I could see the tattoos on his forearm and his neck,” Brooks said.
Jaylin Divyne Avery, 22, is charged with second-degree murder and gun charges in the slaying of a Papa John's pizza employee on July 22, 2021 in Hampton. (Hampton Sheriff's Office/Daily Press)
However, Defense Attorney Andrew Protogyrou said Brooks, who “would have only seen Mr. Avery twice, at best,” could not positively identify Avery as the shooter and argued that the prosecution had built its case on hearsay.
“They are relying on a witness who did not come to testify today,” Protogyrou said, referencing the woman seen on the video. “It is weak — what they have put on today. ... The evidence, it is extremely light, even for a preliminary hearing.”
Protogyrou urged the judge to rule in the defendant’s favor, arguing that police did not collect any DNA evidence or fingerprints in the vehicle spotted fleeing the scene.
“Judge, it is you that has to discern today if that is Avery on the footage,” Protogyrou said.
An hour after the hearing began, Glenn certified the charges, proceeding the case to a grand jury for consideration.
After the hearing, members of Powell’s family declined to comment.
Caitlyn Burchett, 727-267-6059, caitlyn.burchett@virigniamedia.com
Correction: Due to an editing error, the official title of Deputy Hampton Commonwealth's Attorney Sheree Konstantinou was incorrectly listed. The story has been updated to reflect Konstantinou's correct title.