The jury reached the verdict in just under six hours of deliberating.
Jury finds Raleigh store owner guilty of voluntary manslaughter
Timeline of Murder Trial
Both the prosecution and the defense completed their closing arguments Monday, December 15 in the trial of Taiseer "Taz" Zarka and jury deliberations began on Tuesday.
The jury began deliberation on Tuesday at 10:27 a.m. and was sent home for the day without reaching a verdict. The court was recessed until 9:30 a.m. Wednesday.
Judge Keith Gregory instructed the 9 men and 3 women to find Taiseer "Taz" Zarka guilty of second-degree murder, voluntary manslaughter, or return a not-guilty verdict.
Zarka would be found guilty of second-degree murder if the murder was done with malice. That penalty would face a maximum of 20 years in prison.
For Zarka to be found guilty of voluntary manslaughter, the malice aspect of the crime would not need to be present. If convicted, he faces a maximum of five years in prison.
"The defendant would not be devoted to any murder or manslaughter if the defendant acted in self-defense, and if the defendant was not the aggressor in provoking the fight and did not use excessive force under the circumstances," said Judge Gregory to the jury in their instructions.
"What enters into a fight voluntarily," Gregory asked. "If one uses toward towards one's opponent abusive language which, considering all of the circumstances, is calculated and intended to provoke or fight."
The jury came back with a question at 12:50 p.m. requesting to rewatch some of the in-store surveillance video and the cellphone videos from the witness that day.
They also asked for a transcript of the testimony of Nathan Cowles, who is a former employee at Taz's who was working in the store that day.
Zarka's defense team argued during the trial that his action was done in self-defense when the man he's accused of killing, Mark Garrity Jr., threatened to shoot him.
"It's traumatic to see the death of a human being," said Zarka's attorney Karl Knudsen. He went on to refer to Garrity as a "troubled young man".
Knudsen made his case to the nine men and three women who compose the jury.
"People have said things about the case," said Knudsen. "But you have had the opportunity to see it."
His comments came after Taz's Supermarket One owner took the stand on Friday and Monday to testify that he acted in self-defense.
"You don't want to lose a fight with a guy who's threatening and wants to beat on you. Just all kinds of feelings and none of them were good," said Zarka in his testimony.
Meanwhile, in the prosecution's closing argument, attorney Patrick Latour again showed the graphic cellphone video that timelines the moments between Zarka and Garrity leading up to and including the fatal stabbing.
"Zarka picks the fight. Not the other way around," Latour said.
Latour asked the jury to consider if Zarka intended to kill Garrity.
"...And if that leads to death," said Latour, "then he's guilty."
The jury is expected to begin their deliberations on Tuesday.
The trial started on Thursday, December 12. Taiseer "Taz" Zarka is charged with stabbing and killing a customer.
In April 2023, Zarka accused Mark Garrity Jr., 27, of stealing a Gatorade from his downtown convenience store. That accusation escalated and ended with Garrity being stabbed multiple times.
During his testimony on Monday, Zarka said his store has seen an average of 50-60 shoplifters a month, which equates to a loss of hundreds of thousands of dollars over time.
The jury will have to determine if Zarka is guilty of second-degree murder, a charge that could lead to 20 years in prison.
Day 4 of Trial
In Wake County Justice Center, Monday's proceeding began with Zarka taking the stand again. Defense Attorney Karl Knudsen continued his line of questioning in an attempt to prove to the jury that his client did not intend to harm or kill Garrity.
It is the burden of proof is on the State of North Carolina to prove that Zarka committed this offense. But, Knudsen peppered his client with play-by-play questioning of the surveillance video taken from inside his store.
"What's the first thing you said to (Garrity)," Knudsen asked Zarka.
"I said, 'Sir, please open your bag', " Zarka said.
In the surveillance video, Zarka and the court watched as Garrity allegedly took a drink out of the store's cooler. The video does not show Garrity placing a drink in his bag. However, in prior testimony, former employee Nathan Cowles said he saw Garrity place a beverage in his bag.
Throughout the video, Knudsen and Zarka both showcased moments where Zarka and Garrity were involved in a verbal exchange and a physical altercation.
"Why did you open your knife," asked Knudsen.
"Because Mr. Garrity started getting aggressive," Zarka said.
Zarka testified in cross-examination that he only recalled stabbing Garrity one time. He later agreed that it could have been multiple times after watching the surveillance video.
Both sides are next expected to give their closing arguments.
WATCH | Owner of Raleigh convenience store charged with murder of 27-year-old Mark Garrity Jr.
Owner of Raleigh convenience store charged with murder of 27-year-old Mark Garrity Jr.
Previously in Court
Friday was a busy day in the trial. The prosecution rested, the jury visited the crime scene and Zarka took the stand in his defense.
Multiple witnesses and Raleigh police officers took the stand Friday morning.
"I think he's an outstanding citizen. I do think that he is well-respected in the community. I hear the interaction between a lot of patrons that come in," Officer Daniel Rosa testified.
"From my experience, this is a very peaceful person considering the clientele that he has to interact with," Officer Timothy Howard testified.
Judge will allow jury to visit crime scene in Taz Zarka trial
The jury was escorted to the crime scene -- a move the prosecution contested. The store was closed and emptied to not prejudice any jury members. The jury was not allowed to roam about the store or ask any questions.
Zarka answered a slew of standard questions from the judge when he said he wanted to testify. He took the stand for the first time that afternoon following a break to allow the jury to visit the downtown convenience store.
The prosecution rested its case after video evidence showing the altercation between Zarka and Garrity.