A man accused of shooting and killing a man who went to the wrong apartment claimed he acted in self-defense during a preliminary hearing Friday.
Police said 19-year-old Omarian Banks knocked on the door, which he believed to be his girlfriend’s apartment, then walked away. That’s when police said Bynes went onto his apartment balcony to confront Banks. The two men got into an argument and at some point, Bynes took out a loaded gun and shot Banks, who died at the scene, police said.
Bank’s girlfriend said he recently moved in with her at the apartment building on Fairburn Road in Southwest Atlanta and he may have confused Bynes' apartment with hers.
An Atlanta Police detective testified Friday that Bynes told him that he saw Banks reach into his waistband before the shooting. The detective said Bynes shot three times, striking Banks twice in the neck. The third round went into a family's apartment nearby, but no one was hurt.
Bynes' attorney argued that evidence shows he did not fire all the rounds in his pistol clip and that he called 911 after the shooting and cooperated with police.
Banks’ mother, Lisa Johnson, told 11Alive’s Hope Ford about the pain of losing her young son, during a candlelit vigil held in his memory.
“Why? That’s my number one question. Why?” Johnson asked. “Even though you was mad and you was upset, why?”
She described Banks as a ‘bubbly’ teenager who wanted to pursue a music career after going back to school.
“He wanted to go back to school and actually learn how to study music because I told him, if you're going to do this, do it the right way," Johnson said. "He did not want to die, he just had dreams and stuff.”
“You could have just let him go home. But you came out on your balcony," Johnson said. "He was saying 'OK, I’m gone,' so that wasn’t enough, you wanted death, you were tasting blood, you wanted death and I just want to know why?”
During Friday's preliminary hearing, Banks' family sat together in the courtroom.
Bynes' attorney claimed that the apartment complex in southwest Atlanta is known for crime and gang activity. The defense claimed that Bynes, who has a wife and five children, lived under a constant threat of becoming a crime victim. The defense argued that Bynes' family van had been stolen right before the shooting and he feared Banks was responsible. According to Bynes' defense attorney, Banks claimed on social media he was in a gang and could have had a gun. They also claimed that Banks wasn't walking away, as the prosecutor claimed, but appeared to be coming back. The defense also argued that Banks' girlfriend could have hid his gun before police arrived.
The prosecutor stated that Banks was unarmed and argued that it was easy for him to make the mistake of knocking on the wrong door. The prosecutor also said Bynes shot at Banks while he was walking away, arguing that he used unreasonable and excessive force. There were no signs of forced entry at the apartment.
The Fulton County magistrate judge found probable cause to bind his case to Superior Court for prosecution on murder charges. The District Attorney now has until June 20 to present the case to a Grand Jury for possible indictment on murder and other charges.
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