Opening statements & testimony underway in trial of NC store owner charged with killing customer

RALEIGH, N.C. (WTVD) -- After two days of jury selection, the murder trial of a 61-year-old convenience store owner is underway.

Taiseer "Taz" Zarka is charged with second-degree murder in the stabbing death of a customer at Taz's Fantaztic Convenience Store in April 2023.

Zarka said Mark Garrity Jr. was accused of stealing a Gatorade. Investigators said the two argued and Garrity Jr. got stabbed. Zarka's attorney said the stabbing was in self-defense.

Wednesday, more than two dozen friends and family members for both sides were in court to show support.

The day began with defense attorney Karl Knudsen and prosecutor Patrick Latour arguing about the use of cellphone and surveillance video in the trial.

"It's not hearsay," said Judge Keith Gregory, who ultimately agreed to allow the videos to be shown to the jury of nine men and three women.

Opening statements

During opening statements, Latour told the jury what they would see on those videos and what he believes happened that day.

Latour said when Zarka confronted Garrity Jr. about the Gatorade, the entire situation escalated out of control.

"That Gatorade leads the defendant to approach Garrity with a knife," said Latour. "The defendant stands over him with a knife and threatens him."

Latour argued that Garrity tried to get away and Zarka would not let him.

"Stab me then! Stab me! You're going to go to jail if you stab me," Latour said were the words Garrity spoke to Zarka during their altercation.

"It's clear at this point that he stabs him," added Latour. "Three times and multiple points...straight into the heart cavity."

In Knudsen's opening statement he said the case would not be about who did the stabbing, but rather why did this altercation take place.

"You're going to learn about the before, the during, and after," said Knudsen of the incident. "Why did this go down the way it went down?"

Knudsen argued that in North Carolina has a "shopkeeper's law" that allows store staff to lawfully detain someone for a reasonable amount of time if they believe a crime has occurred within their store.

"(Zarka) didn't intend to hurt anyone or kill anyone," Knudsen told the jury.

Testimony begins

In emotional testimony, state witness Bradley Froeschle testified that he rendered aid to Garrity Jr. as he bled out on Wilmington Street in front of Taz's convenience store.

"I've never dealt with that or seen that," said Froeschle. He said Garrity Jr. asked him, "Am I going to die? Am I going to die?"

Froeschle also testified that he saw a "gaping" wound on the upper left side of Garrity Jr's chest.

Froeschle also said he knew of Zarka before the incident and considered him to be "well-liked."

Former employee, Nathan Cowles, was also working the day of the incident and was involved in the altercation between Zarka and Garrity Jr.

Cowles told Zarka that he witnessed Garrity putting a drink in his bag. Cowles said he told Garrity Jr. several times to give Zarka the drink, which was a 20-ounce Gatorade.

After Garrity was stabbed, Cowles said Zarka did not assist Garrity Jr. Instead, Cowles said Zarka grabbed a mop and began to clean up the blood in the store.

"I don't know why it had to get to this point. Seems like it didn't have to happen," Cowles said.

The jury was also shown three separate cell phone videos shot by a customer in the store that day. The videos show almost the entire incident.

Prior to the video being shown, Garrity Jr's parents and other supporters left the courtroom. As the video was being played, those in the courtroom could be seen looking away. Some were in tears as they watched the confrontation.

The recorded video shows Garrity Jr. in between Cowles and Zarka near the beverage coolers toward the front of the store.

Cowles and Zarka could be seen on video yelling at Garrity Jr. to give them the bag. Garrity Jr. was positioned in between them as he tried to break free. Before doing so, the video shows Zarka stabbing Garrity Jr. multiple times.

Garrity Jr. is then seen stumbling out of the store before collapsing in the bus lane on Wilmington Street.

Bystanders could been seen on video watching this happen and asked for someone to call 911.

In a separate video, Froeschle could be seen, along with three other men, begin to render aid to Garrity Jr.

The trial is ongoing, and ABC11 will continue to follow it until its conclusion.