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Friend describes seasoned Craigslist seller as trial begins for man suspected of his murder

A close friend of Andy Banks spoke Tuesday in the murder trial for Justin Merritt, a Virginia man charged with killing Banks when the two connected over a car sale in Raleigh in September 2020.

Posted Updated

By
Chelsea Donovan
, WRAL reporter
RALEIGH, N.C. — A trial began Tuesday for Justin Merritt, a Virginia man charged with killing Andy Banks when the two connected over a car sale in Raleigh in September 2020.
Opening statements began at 9:30 a.m. Tuesday before the state called their first witnesses, including a Raleigh police detective and Banks' best friend, to the stand.

Prosecutors said Banks, 39, was trying to sell his SUV in September 2020 when he met with Merritt near Village District, formerly Cameron Village, after the two men connected online. Attorneys said the men first met to see the SUV on Sept. 9 and arranged to meet again on Sept. 12 for the sale of the car.

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.

Justin Fernando Merritt

Banks' SUV was found two days later in rural Virginia, and his body was discovered two days after that.

Merritt is charged with first-degree murder and robbery.

WRAL News learned that Merritt drove to Raleigh from Virginia with family members to buy the car on Sept. 12. Friends and family said they never heard from Banks again, and police searched for days before discovering his body.

Banks' 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.

One of the police officers who found Banks' cellphone on the side of Interstate 40 near the Harrison Avenue exit in Cary spoke in court on Tuesday, describing her search of the SAS campus and Umstead State Park before tracking the phone to I-40.

"Everyone looking, hoping, trying to do what they could do to find Andy and find Andy's car, praying that Andy would be alive when they found that car," said Assistant District Attorney Patrick LaTour.

John Wilkins, Merritt's brother-in-law, testified on Tuesday. Wilkins went with Merritt to Raleigh to get the Range Rover. On Tuesday, Wilkins testified that he followed Merritt back to Danville, Virginia.

"He said, 'Head to your house, bro, I've got to make a stop,'" Wilkins said.

Days later, police arrived at Merritt's home.

"I looked at my news app and I [saw] there is a missing man, and I was like, 'That's the same dude.'" Wilkins said of the search for Banks.

James Hamblin, a close friend of Banks', also appeared in court on Tuesday, saying he had breakfast with the victim the morning of Sept. 12. He became worried when he didn't hear from Banks later that afternoon.

LaTour told the jury that Merritt took Banks' car, saying he shot him at least five times in the back before dumping his body in a field to conceal him.

Merritt's attorney, Alexis Strombotne, admitted five minutes into her opening statement that her client pulled the trigger.

"This is not a [case of] 'who done it?' This is not the type of case where we're going to be pointing the finger at someone else and trying to convince you that someone else is responsible for this," Strombotne said.

Strombotne said it was not a premeditated murder or robbery.

"Justin Merritt had everything to lose and nothing to gain from driving down to Raleigh, North Carolina, to rob a man of his car and kill him," Strombotne said.

Strombotne said Merritt used his real cellphone number and real email address to make the sale, implying he wasn't trying to hide from anyone.

Merritt has a previous conviction of a felony burglary in 2013 and was sentenced to 10 years, If convicted of Banks' murder, he will automatically be sentenced to life in prison.

Cliff Cash, who has known Banks since kindergarten, said his friend frequently used Craigslist to sell things and that he knew how to protect himself.

"This was the middle of the day on Saturday. There’s people walking by on foot. There’s cars everywhere. He probably picked that place because it was the ideal place to meet," Cash said. "All I can think is they overpowered him during a test drive. Who knows, maybe they overpowered him as soon as they got there."

Banks was a real-life Ferris Bueller, his friend said, referring to the character in a 1980s movie for whom everything always works out well.

Banks' friend Carter Whitley described what what Banks was like.

"Andy was very friendly, outgoing, extroverted, always just a trusting person," Whitley said.

"[He's] fun-loving and clever and can find his way out of situations," Cash said. "In this situation, he would have done absolutely anything he could have to talk his way out of it. He would have gladly given them the vehicle. He would have tried to give them money. He would have done anything for them not to hurt him."

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