Prosecutor Calls Double Homicide 'Perfectly Coordinated Attack,' During Closing

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Counsel debated about evidence and perceived guilt as Tyrone Payne’s double homicide trial closed on April 14. Baltimore City Circuit Court Judge Troy K. Hill presided over the hearing.

Payne, 25, and co-defendant Vincent “Smurf” Harris, 27, are charged in connection to the fatal shootings of Di’Shon Smith, 20, and Deshaun Waters, 21, in the 3200 block of Hollins Ferry Road.

Payne faces four counts of first-degree murder, two counts of firearm use in a felony or violent crime, having a handgun in his vehicle, illegal possession of a regulated firearm, making a false statement to officers, and obstructing and hindering evidence in relation to on July 25, 2023, shooting incident.

Prosecution highlighted key testimony from Payne’s ex-girlfriend, who was also charged for her involvement. She testified she was in a “toxic and violent” relationship with Payne and admitted to reporting her car stolen after the crime and purchasing him a Lyft. Payne had allegedly used her car to flee the scene. She identified both Payne and Harris from surveillance stills and said Harris took and never returned a white suitcase from her home.

Payne and Harris were allegedly tied to the crime scene through video surveillance, DNA from a shirt Payne left on the scene, Harris’ thumbprint on the exterior of the vehicle, and cellphone data. From the vehicle, investigators recovered a rear firearm sight, a pink container containing a live bullet similar to the one found on Smith’s person, and a shoe that matched those worn by one of the shooters.

Prosecutors argued the shooting was premeditated because both Payne’s and Harris’ phones were off during the killings.

“Makes sense – if you’re about to commit a murder, you turn your phone off,” the prosecutor said.

The prosecution presented security footage showing the damaged vehicle leaving the crime scene before the passengers abandoned it at the Spirit West bar and grill in the Milhill neighborhood. There, Harris and Payne were said to be seen on camera opening the trunk and moving around outside the vehicle. Payne reportedly returned at approximately 6:45 p.m., shirtless and retrieving the suitcase while telling his girlfriend via FaceTime he was “working out.” The prosecution alleged the suitcase contained the missing murder weapons and hoodies worn during the shooting.

During closing arguments, the prosecution emphasized Payne’s “consciousness of guilt,” pointing to his attempts to discard clothing, remove tags from the vehicle, misleading his girlfriend and making her lie on his behalf, retrieving potentially incriminating evidence, and hiding from potential witnesses who saw him near the vehicle. Payne was also prohibited from owning firearms because of a previous conviction.

“This was a perfectly coordinated attack,” the prosecution said. “They took out two human lives that day, and for that reason, I ask you to find Mr. Payne guilty.”

Even if Payne didn’t pull the trigger, said the prosecution, he can still be found guilty of murder as an accomplice to Harris.

Payne’s defense attorney, James Sweeting III, argued the prosecution’s case relied too heavily on assumptions rather than actual proof.

“There is not one piece of evidence that shows Mr. Payne getting out of the car before the murder,” Sweeting told the jury. “The car is not on trial, Mr. Payne is.”

Sweeting also noted that the clothing Payne allegedly wore during the crime had to be tested twice for DNA. “There’s a long distance between suggestion and proof,” Sweeting said.

Jurors are currently deliberating whether Payne’s alleged actions prove him guilty of murder.

Prosecutor Calls Double Homicide ‘Perfectly Coordinated Attack,’ During Closing