2020 Murder Defendant Receives New Trial Date

By Racquel Bazos - September 25, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

Over a year after a hung jury resulted in a mistrial, a homicide defendant reappeared in reception court before Baltimore City Court Judge Melissa M. Phinn to hear a plea offer and schedule his next two court dates on Sept. 25. 

Donnell Johnson is charged with first-degree murder, firearm use in a felony violent crime, having a handgun on his person and having a handgun in his vehicle in connection to the 2020 murder of 27-year-old Kenneth Bivens. 

The prosecutor offered Johnson, 31, a plea of life, suspending all but 60 years, for the crime of first-degree murder. Johnson rejected the offer. 

Johnson’s attorney, James Sweeting III, told Judge Phinn that he had filed a motion to demand a speedy trial for his client and a motion to dismiss the case if a speedy trial is not possible. Though Sweeting wanted a motions hearing as soon as possible, the prosecutor told Judge Phinn that she has 15 days to respond to any motions. 

Judge Phinn scheduled the motions hearing for Nov. 9 before Judge Christopher L. Panos. Assuming the motion to dismiss will be denied, she also scheduled Johnson’s four-day trial on Feb. 7, 2024, before Judge M. Brooke Murdock.

According to documents from the District Court of Maryland, on Sept. 10, 2020, a Baltimore Police Department (BPD) officer responded to the 1000 block of Beaumont Avenue and discovered Bivens laying face down on the sidewalk with a gunshot wound to the back of his head. Investigation revealed that Bivens and Johnson had been in a physical altercation when Johnson pulled out a gun and shot Bivens. A witness identified Johnson to police in a video statement via a photo array.