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A Nassau County jury heard opening statements Thursday in the murder trial of two alleged gang members accused of killing a Bronx teacher in Hempstead.
Prosecutors say Oumar Barry ordered the April 2023 shooting, while Joel Badger fired four shots at point-blank range, killing 44-year-old Kimberly Midgette as she dropped off her 10-year-old daughter at her ex-husband’s home in Hempstead.
Midgette’s friend was also inside the vehicle and was shot but survived.
According to prosecutors, Badger shot Midgette four times in the head in her car in front of her daughter and friend. Jurors heard opening statements from both sides during the first day of testimony.
The prosecutor described Midgette as an innocent victim who remained on life support for two days before she died. Jurors also listened to 911 calls from Midgette’s former mother-in-law and ex-husband reporting the shooting.
The prosecution’s first witness was Midgette’s mother.
Investigators allege Barry and Badger are members of the Bloodhound Brims gang and mistook Midgette for a rival gang member before carrying out the attack.
Badger is already serving a 22-year prison sentence in Suffolk County after pleading guilty to robbery and conspiracy to commit murder. Prosecutors say that conspiracy included Midgette’s killing.
Defense attorneys challenged key parts of the case during opening statements.
Barry’s attorney told jurors his client never ordered the shooting. Badger’s lawyer argued there is no forensic evidence linking his client to the murder.
Both men face charges including murder, attempted murder, and criminal possession of a weapon.
Midgette’s family declined to comment.
The trial is expected to last at least three weeks.