Durham man accused in fatal hit-and-run appears in court

Phillip Shaw (Provided to CBS North Carolina by family)

DURHAM, N.C. (WNCN) – A 38-year-old Durham man accused of killing a man Tuesday in a hit-and-run on Fayetteville Street appeared in court Thursday morning.

Justin Poindexter (Durham Police)

Justin Poindexter was arrested and charged with felony hit and run following Phillip Shaw’s death.

Shaw was Vivian Morris’ brother.

“It was not a bag of trash. It was not a garbage can he hit. He knew he hit a human person,” Morris said.

They lived next door to each other and she stopped by to check on him just three hours before the incident.

RELATED: Man charged in Durham hit-and-run death

“He said ‘I’ll see you later,’ then he pat me on my shoulder. He said ‘I love you, take care,’ and he went on,” Morris said.

A wreath, balloons and flowers are in front of Shaw’s Fayetteville Street home, just a few feet from where he died.

Family members say he was taking a walk to the store that night.

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Although her brother is gone, Morris says she’s not going to hate the driver, for her own well-being.

“If he would come here right now and say, ‘hey, Ms. Morris, I apologize,’ I would just tell him, ‘I hate you for what you did. For my heart, I really don’t hate you to say hate. I hate the way you did it.”

An act she says shows a lack of concern for human life.

Poindexter posted a bond of $1,500.

No one answered the door this morning at his home.

He’s scheduled to be back in court in two weeks.

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