Murder Charges Moot As Defendant Stabbed Dead Victim, Defense Argues

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Is a defendant guilty of murder if he stabs a person after the victim’s death?

This question remained at the center of defense counsel’s argument at the close of 38-year-old Kenneth Mackay’s jury trial on Aug. 22 for the murder of Daniel Taylor on Sept. 7, 2023.

“Mr. Taylor was dead when he hit the ground,” defense attorney James Sweeting III said to the jury on Thursday. “You can’t kill a person twice.”

Sweeting referred to a medical expert’s testimony at trial when it was stated that Taylor was shot in the heart by a still-unidentified suspect on the 1800 block of Presbury Street. Defense counsel said the victim was shot a total of 14 times, two of which were specifically responsible for his death and deemed “rapidly fatal.”

Mackay is accused of stabbing Taylor multiple times in the back of his neck and upper back after the victim had been shot. The medical expert’s testimony confirmed that the stab wounds missed vital organs, only damaging soft tissue, and could have been fatal if Taylor had not sought medical attention.

According to the prosecutor, defensive wounds were found on Taylor’s pinky finger, indicating he attempted to prevent Mackay from stabbing him. Surveillance from a nearby liquor store captured the incident, she said, during which “you can see the stab motions.” The medical examiner’s report also stated that Taylor’s cause of death was the result of gunshot and stab wounds.

The prosecutor walked through the video surveillance once more, beginning with the defendant and the unidentified shooter meeting each other at the crime scene before shooting Taylor. Both suspects were waiting for Taylor to exit his home; however, Mackay previously told Baltimore Police that he never saw the shooter and only heard the gunfire.

The defendant did identify himself in the video footage.

“He’s not scared,” the prosecutor said. “He knows who that shooter is. He was in on it the entire time.”

After less than a day of deliberations, the jury found Mackay guilty of first-degree murder and use of a deadly weapon with the intent to injure before Baltimore City Circuit Court Judge Troy K. Hill.

Mackay’s sentencing has yet to be scheduled, according to the Maryland Judiciary website.