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By
Andrew Michaels
- November 22, 2024
Court
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Daily Stories
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Homicides
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Shooting
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Suspects
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Victims
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A Baltimore City Circuit Court judge denied to change the status of a homicide defendant’s bail for the murder of 37-year-old Brian Nesbitt earlier this year, despite defense counsel’s argument that evidence and motive were lacking. .
According to defense attorney Martin Cohen, his 44-year-old client, Damion Thomas, turned himself into the Baltimore Police Department (BPD) after learning of his arrest warrant. Thomas is currently charged with first-degree murder and four weapons charges.
“We’re kind of dumbfounded that he was charged with this based on the probable cause,” Cohen said. “…I don’t know what happened and I don’t think the [prosecution] can possibly know what happened.”
During Friday’s proceeding, the prosecutor told Judge Jeffrey M. Geller that two videos showed the moments leading up to Nesbitt’s murder on the 800 block of South Paca Street on Aug. 21. In the first video, Thomas’ mother’s car is seen pulling up to the crime scene as a person identified as Nesbitt walks over to the car. A shadow is then seen coming from the driver’s side of the vehicle in a second video, she said, followed by an altercation between the defendant and the victim and the latter falling to the ground.
“Seconds later, the car drives away,” the prosecutor said, adding that Thomas’ mother informed police that her son was using her car that week.
Cohen told Judge Geller that he has not yet seen these videos, but added that there is no way to tell how many others were in the car when the shooting occurred.
“Nobody can say who was the driver of the car versus the passenger of the car,” the defense attorney said. “His mother said he was in possession of the car that week; that doesn’t mean he was the driver of the car.”
Defense counsel asked for Thomas’ release on home detention, saying that his client is not a flight risk nor a danger to public safety.
Although he commended Cohen’s argument, Judge Geller said he could not find any clear or convincing evidence to change the defendant’s bail status at this time.
“This is as serious as it gets,” the judge said.