The man accused of driving into a crowd of counter-protesters at a white supremacist rally in Charlottesville will be charged with first degree murder, it was decided Thursday.
Prosecutors announced at the start of a preliminary hearing for James Alex Fields Thursday that they were seeking to upgrade his second degree murder charge.
The decision came after a court hearing in which they presented surveillance video and other evidence against him.
Fields faces charges in the August 12 collision in Charlottesville that left 32-year-old Heather Heyer dead and dozens injured. The judge agreed to change his charges and ruled there is probable cause for all charges against Fields, including nine lesser felony counts, to proceed.
His case will now be presented to a grand jury for an indictment.
James AlexFields now faces first degree murder charges in the August 12 collision in Charlottesville that left 32-year-old Heather Heyer dead and dozens injured
The decision came after a court hearing in which they presented surveillance video and other evidence against him
The 20-year-old, who was described by a former teacher as having a keen interest in Nazi Germany and Adolf Hitler, drove his speeding car into a group of counter-protesters the day of the ‘Unite the Right’ rally that drew hundreds of white nationalists from around the country to the small Virginia college town, according to authorities.
The attack came after the rally in this Virginia college town had descended into chaos – with violent brawling between attendees and counter-demonstrators – and authorities had forced the crowd to disband.
Surveillance footage from a Virginia State Police helicopter, played by prosecutors in court on Thursday, captured the moment of impact by the car and the cursing of the startled troopers on board.
The video then showed the car as it reversed, drove away and eventually pulled over.
The helicopter had been monitoring the violence, and prosecutors questioned Charlottesville Police Detective Steven Young about the video as it played.
The 20-year-old drove his speeding car into a group of counter-protesters the day of the ‘Unite the Right’ rally that drew hundreds of white nationalists from around the country to the small Virginia college town, according to authorities. He is pictured before the accident on August 12
Surveillance footage from a Virginia State Police helicopter, played by prosecutors in court on Thursday, captured the moment of impact by the car and the cursing of the startled troopers on board
Young explained that in the moments after the crash Fields said he was sorry and asked if people were OK. When the young man was told someone died, Young said he appeared shocked and started sobbing. Pictured is Susan Bro, the mother of Heyer, who was killed in the attack that day
Another surveillance video from a nearby restaurant showed the car head slowly in what Young testified was the direction of the counter-protesters, who were not in view of the camera.
The car reversed before speeding forward into the frame again.
After that footage, a man in the crowded courtroom shouted an expletive and cried out, ‘Take me out.’
He and others left the courtroom.
Fields, from Maumee, Ohio, sat quietly in a striped jumpsuit with his hands cuffed during the hearing.
His attorney Denise Lunsford did not present evidence or make any arguments at the hearing, although she did cross-examine the detective.
Just hours before the attack Fields was pictured holding a shield bearing the emblem of Vanguard America – one of the hate groups that took part in the rally – though the group has denied any association with him.
His former teacher, Derek Weimer, has said Fields was fascinated in high school with Nazism, idolized Adolf Hitler, and had been singled out by officials at his Union, Kentucky, school for ‘deeply held, radical’ convictions on race.
During her cross-examination of Young, Lunsford asked if searches of Fields’ computer, phone or social media revealed any evidence that he was part of Vanguard America or any other white nationalist group.
Detective Young said, ‘No.’
Jason Kessler, right, waits to enter the Charlottesville Circuit Court building ahead of the preliminary hearing for James Fields on Thursday, December 14. He was the main organizer of the Unite the Right rally and to watch Thursday’s hearing
Fields would have faced between five to 40 years in prison for the second-degree murder conviction But now that he faces first-degree murder charges he could be looking at a penalty of 20 years to life in prison. Pictured above police officers block the front of the Charlottesville Circuit Court building ahead of the preliminary hearing for James Fields on Thursday
The attack came after the rally in this Virginia college town had descended into chaos – with violent brawling between attendees and counter-demonstrators – and authorities had forced the crowd to disband
There were 36 victims identified in the car attack, Young said, including Heyer. That number is much higher than officials have previously given. Some of the victims have significant injuries and are now confined to wheelchairs, Detective Young said. Pictured is the horrible scene after the crash
Young also told the court he was one of the first officers to respond to the scene where Fields pulled over. No weapons were found in the car, he said.
Lunsford asked the detective what Fields said as he was being detained.
Young explained that in the moments after the crash Fields said he was sorry and asked if people were OK. When the young man was told someone died, Young said he appeared shocked and started sobbing.
There were 36 victims identified in the car attack, Young said, including Heyer. That number is much higher than officials have previously given.
Some of the victims have significant injuries and are now confined to wheelchairs, Young said.
Fields would have faced between five to 40 years in prison for the second-degree murder conviction But now that he faces first-degree murder charges he could be looking at a penalty of 20 years to life in prison.
Charlottesville General District Court Judge Robert Downer Jr. also presided over preliminary hearings Thursday for three other defendants.
Three men, Richard Preston, who is accused of firing a gun, and Jacob Goodwin and Alex Ramos, who are accused in an attack on a man in a parking garage that was captured in photos and video that went viral, are also charged in cases related to the August rally.
The judge certified the charges against all three men, and all of their cases will now 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, a small crowd of angry protesters outside the courthouse chanted, ‘Blood on your hands.’