ROANOKE, Va. – After a day and a half of arguments and evidence in court, another mistrial was declared in the case against a Roanoke man accused of killing another in a downtown Roanoke apartment complex lobby.
Brian Salazar was charged in the death of Paul Wortham, also known as Jay Wright. The incident happened on July 4, 2023, in the lobby area of the Parkway Building above Stellina on Kirk Avenue.
During the trial, the judge threw out the charge of second-degree murder due to lack of evidence.
The jury had to decide between voluntary manslaughter, assault and battery or find Salazar innocent. They could not reach a unanimous decision.
On Thursday, Salazar took the stand to describe what happened.
“He starts tugging on the door, and next thing you know he’s coming out the door,” Salzar said. “I was afraid.”
Salazar and friends had the apartment lobby door propped open because they were visiting friends at the Parkway building and didn’t have a key card. They said Wortham didn’t want the door propped open, leading to the argument.
Surveillance video shows the moment defendant Brian Salazar punched Wortham, and he fell to the ground.
“I’m pacing back and forth,” Salazar said. “I’m freaking out. I don’t know what to do.”
Wortham died days later.
The defense said Salazar’s punch was a move of self defense, after Wortham made threats while advancing towards Salazar.
“He took three steps,” Defense Attorney Chris Kowalczuk said. “One, two, three. He is now from where he was in a safe position under his own control behind the door, to going directly at my client.”
Prosecutors said they’re not sure verbal threats were made, and Salazar could have walked away from the situation.
“Take a look at the evidence,” prosecuting attorney Ryan Hupp said. “Watch the video. Use your common sense.”
The case will be heard again on Nov. 4, where they will decide what happens next.