The man accused of shooting and killing a WakeMed Garner police officer earlier this month inside of an emergency room has been indicted by a grand jury.
Benji Martin Jr. was indicted on Tuesday. He is charged with murder in the shooting death of officer Roger Smith.
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A document from Benji Martin Jr.'s attorney, Emilia Beskind, states Martin was trying to "seek help" on Nov. 8 when he entered the WakeMed Garner Healthplex and did not bring a gun to the facility.
Beskind filed the document to get access to video from inside the hospital she says helps explain her client's actions.
"While law enforcement has made a number of public statements about this matter making it clear that they have these videos in their possession, they have yet to answer questions about the sequence of events that left Mr. Martin -- who was unarmed and seeking treatment for mental health treatment -- with serious life-altering injuries and ended the life of the armed officer," Beskind wrote. "Those videos will be critical evidence in this case.
"Additionally, any GSR [gunshot residue] testing conducted on the two parties involved will also be critical evidence in this matter."
Martin appeared in court on Nov. 24 for the first time, and a judge determined authorities would continue to hold him without bond.
"He was a wonderful person," Martin's father told WRAL News. "He’s a caring person. He’s a helpful person. We sent him to the doctor to get help, and we end up like this. That’s not fair to him."
Martin was released from the hospital on Nov. 21 and taken to jail.
Authorities released 911 calls last week, giving some insight into the chaos that unfolded inside the emergency room.
“We need police to come to WakeMed, the Garner ED. We got a patient that is tripping out bad,” said a 911 caller.
During that call, several gunshots could be heard in the background while the caller said Martin was fighting with Smith. Seconds later another 911 call revealed how quickly things got out of control.
“We've got an officer shot here at Garner ED. We need the police and ambulance,” the caller said.
Garner police have not clarified exactly what led up to this and what happened during the struggle, nor have they said whether the gun used in the shooting belonged Smith.
Martin was also shot during the altercation and was hospitalized for two weeks.