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Found guilty of first-degree murder, robbery, man apologizes to Andy Banks' family and his own

Justin Merritt's attorney never tried to claim he was not responsible for the crime, but asked jurors to consider a second-degree conviction.

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By
Chelsea Donovan
, WRAL reporter
RALEIGH, N.C. — A jury quickly found Justin Merritt guilty of first-degree murder Friday afternoon in the death of Andy Banks. After a week of testimony, they deliberated for a little less than two and a half hours before returning unanimous verdicts of guilty on the murder charge and four others.

Merritt and Banks met in September 2020 near Village District, formerly Cameron Village, in Raleigh to discuss the sale of Banks' SUV. Banks' body was found several days later in Virginia, near Merritt's home.

Banks was 39.

After the verdict was read, Banks' brother and mother made emotional impact statements that caused some jurors to visibly weep.

Merritt, too, addressed the court. He looked directly at Banks' mother and said, "Please hear me when I say, this was never my intention. I am sorry. I am so sorry."

He also apologized to his own family for causing them embarrassment.

"These words are not enough and can not express enough how I really feel," he said.

Merritt's attorney never tried to claim he was not responsible for the crime, but asked jurors to consider a second-degree conviction.

Alexis Strombotne said, "He had no plan. There is one word for what occurred here: panic, pure panic."

In laying out his argument, Wake County Assistant District Attorney Patrick Latour told the jury, "This is a textbook first-degree murder case, and you know that because of the evidence we have presented."

He focused on the premeditation and deliberation required by law for a finding of guilt for first-degree murder, calling it "the crux of the issue."

Banks had identified Merritt, 34, of Danville, Virginia, as a potential buyer for his silver 2011 Range Rover Sport, and the two met in the parking lot outside a closed K&W Cafeteria to discuss the sale. The state said Banks was seeking $15,000 for the Range Rover.

After Banks' disappearance, his SUV was found in rural Virginia under a tarp yards away from Merritt's home, and his body was discovered two days later. The state said Banks was shot several times, and blood, bullets and cleaning supplies were found in the SUV he was selling. A gun was found under a couch cushion in Merritt's home.

Exchanges between the two men on Banks' cellphone led investigators to arrest Merritt.

Latour pointed to the presence of a gun during the transaction and the fact that Banks was shot five times as evidence of premeditation.

One shot might be fired in panic, Wake County Assistant District Attorney Patrick Latour said, but multiple shots require thought. "Every single bullet is premeditation and deliberation," he said.

From the start of the trial, Strombotne admitted her client killed Banks, but argued it was not first-degree murder. Merritt himself did not testify in his own defense.

Merritt has a previous conviction of felony burglary in 2013. He was sentenced to life in prison without the possibility of parole.

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