Was Durham homeless man fatally shot sitting at the wrong place at the wrong time?
A Durham man faces multiple charges in a fatal 2023 shooting at a bus stop after allegedly conspiring with two young teens in the killing.
But an autopsy report suggests the man killed may simply have been sitting in the wrong place at the wrong time,
Jaquari Y’Zell Henderson, 20, is charged with murder, conspiracy to commit murder and possession of a stolen motor vehicle in the July 20, 2023, death of Benjamin Francois Morris, 43, of Raleigh, Durham police told The News & Observer on Tuesday.
A ShotSpotter alert called police to a bus stop in the 1100 block of North Miami Boulevard about 3:30 p.m. that day, The N&O previously reported. ShotSpotter detects gunshots through audio sensors. Durham used the program for a year, but the City Council voted not to extend it after Duke researchers found no evidence it reduced gun violence in the city.
Morris died at the hospital of a gunshot wound to the upper chest, an autopsy report requested by The N&O states.
The report also states police do not think Morris, described as homeless, was the intended target of the shooting.
Sitting at bus-stop bench
Morris was struck while sitting on a bench when a Kia Sorento pulled up, turned around and someone opened fire, perhaps shooting at a Mercury Grand Marquis that was parked near the bus stop, according to the autopsy report.
The Sorento sped off and police pursued it until it become too dangerous to continue, the report states.
Police recovered 13 9mm casings, two .40 caliber casings, two .45 caliber casings and two 9mm projectiles at the scene, the report states.
Suspect’s criminal history
Court and jail records show Henderson was transferred from the Alamance County jail to the Durham County jail Monday after being indicted on the charges Dec. 9.
He is accused of conspiring with two juveniles, one 15 and one 13 at the time, in the shooting that killed Morris and may have targeted others, according to the indictment.
The teens were only identified by their initials in the indictment, so it’s not clear if they have also been charged in the case. Court documents don’t indicate a possible motive in the crime and offer virtually no details on what took place.
Henderson is also accused of stealing a 2021 Kia Sorento with a New York license plate, the indictment states.
Henderson was arrested in Alamance County on Aug. 20 on a felony probation violation. Court records show he pleaded guilty to possession of a stolen motor vehicle and fleeing/eluding arrest with a motor vehicle Feb. 13, 2024, and was sentenced to two years of supervised probation.
Henderson is accused of violating the terms of that probation by using marijuana, failing to report to his probation officer and obtaining multiple other charges in Durham County in the spring of 2024, court documents state.
He also faces pending charges of breaking or entering a motor vehicle, larceny of a firearm and felony larceny tied to an incident in Knightdale just a week after Morris’ death. He was convicted on a charge of carrying a concealed gun in Durham County on Nov. 30, 2023, and charges of fleeing/eluding arrest with a motor vehicle, misdemeanor larceny and unauthorized use of a motor vehicle in Wake County on Aug. 9, 2023, court records show.
Morris, a native of Sunrise, Florida, was described in his obituary as a loving father-of-three who brought people together in life and death.
“Those who came to know him felt his kindness, his compassion and how loving and funny he was,” the obituary states. “He touched the lives of everyone he loved.”
Henderson remained in the Durham County jail without bail as of Tuesday afternoon.
This story was originally published February 5, 2025 at 5:30 AM.
