Prosecutors are seeking to upgrade a second-degree murder charge against James Fields in the collision that killed one person and injured dozens

This article is more than 2 years old

This article is more than 2 years old

The man accused of driving into a crowd protesting a white nationalist rally in Charlottesville faces a new charge of first-degree murder after a court hearing Thursday in which prosecutors presented surveillance video and other evidence against him.

Prosecutors announced at the start of a preliminary hearing for James Fields that they were seeking to upgrade the second-degree murder charge he previously faced in the 12 August collision in Charlottesville that left 32-year-old Heather Heyer dead and dozens injured. The judge agreed to that and ruled there is probable cause for all charges against Fields, including nine lesser felony counts, to proceed.

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Fields’ case will now be presented to a grand jury for an indictment.

Authorities say the 20-year-old, 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. 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, 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.

Play Video 0:41 Car drives into crowd in Charlottesville, Virginia – video

Another surveillance video from a restaurant showed the car head slowly in what Young testified was the direction of the counterprotesters, 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 crowd shouted an expletive and cried out, “Take me out.” He and others left the courtroom.

Fields, of 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.

Fields was photographed hours before the attack with a shield bearing the emblem of Vanguard America, one of the hate groups that took part in the rally, although the group denied any association with him.

A 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. Young said no.

Quick guide What happened at the Charlottesville protests? Show Hide What happened in Charlottesville on 12 August? White nationalists gathered in Charlottesville, Virginia, to protest against a plan to remove a statue of Robert E Lee, the Confederacy’s top general in the American civil war. Demonstrators chanted racist statements, carried antisemitic placards and held torches during the “Unite the Right” rally, which was organised by white nationalist Jason Kessler. The march was met by anti-fascist demonstrators, and some skirmishes broke out before James Fields, 20, allegedly ploughed a car into a group of counter-demonstrators. Civil rights activist Heather Heyer, 32, died and others were injured. Fields has been charged with murder.

Young also testified that he was among the first officers to respond to the scene where Fields pulled over. No weapon was found in the car, he said.

Lunsford asked the detective what Fields said as he was being detained.

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

Young said authorities had identified 36 victims of the car attack, including Heyer – a number higher than officials have previously given. Some have significant injuries and now use wheelchairs, Young said.

Fields would have faced between five to 40 years in prison for a second-degree murder conviction. First-degree murder carries a penalty of 20 years to life in prison.