Raleigh store owner found guilty of voluntary manslaughter by jury in murder trial

RALEIGH, N.C. (WNCN) — On Wednesday, a Raleigh jury found Taiseer Zarka guilty of voluntary manslaughter in the 2023 death of Mark Garrity.

Zarka was initially charged with second-degree murder but jurors were also give the options of the lesser crimes of voluntary manslaughter and involuntary manslaughter.

The jury found Zarka guilty of fatally stabbing Garrity during an altercation in Zarka’s downtown store, Taz’s Supermarket. Zarka told police he believed Garrity was stealing from his convenience store and concealing the item in a bag he was carried. Zarka confronted Garrity with a knife already in hand. Garrity refused to give his bag over to Zarka.

Prosecutors also argued they Garrity was trying to get away from Zarka. They said the confrontation escalated when he was cornered by Zarka and another shop employee. Zarka ultimately stabbed Garrity three times. Garrity stumbled out of the store before collapsing in the street.

Garrity’s father, Mark Garrity Sr., provided CBS 17 with the following statement following the verdict:

“We are disgusted and will continue to fight for justice for Mark. We will make sure Taiseer Zarka’s past is exposed. He has victimized too many people. It was cold blooded murder of our 27-year-old son.

The justice system is broken and the police waited too long to arrest him. Because of his criminal past being expunged, the jury didn’t know they were looking at the devil.”

During Zarka’s initial bond hearing, state prosecutors told a judge although Zarka had no criminal history, there were two other incidents where a customer was cut with a knife by Zarka.

After the unanimous verdict of voluntary manslaughter was handed down, the jury was asked to determine if any aggravating factors existed. Aggravated factors are elements present during the commission of a crime that could increase the severity of a crime.

In this case, the state argued that the aggravating factor was that Zarka committed an offense and knew or reasonably should have known that a person under the age of 18 who was not involved in the commission of the offense was in a position to see or hear the offense.

Surveillance video played in the courtroom showed a toddler and teenager in the store at the time of the stabbing.

After more than 90 minutes of deliberating, the jury was split 8-4 with no consensus on the presence of an aggravating factor. When asked for a show of hands by the judge, all jurors agreed that additional time would not lead to a unanimous decision.

Due to a lack of consensus, the judge declared a partial mistrial, only applying to the aggravated factor portion of the case. The state made clear it does not intend to bring a new trial and jury on the aggravated factor decision.

Sentencing is scheduled for 9:30 a.m. Thursday. Garrity’s family is expected to give impact statements before the judge hands down his sentence. People are also expected to speak to Zarka’s character. Zarka will have the choice address the court as well.