A brawl between two men outside Washington Bar Liquors last summer led to shooting charges against one of those involved, defendant David Clemons, who began trial on Jan. 13 before Baltimore City Circuit Court Judge Anthony F. Vittoria.
During his opening statement at trial, Clemons’ defense attorney, James Sweeting, said there was too little evidence to convict his client, turning to Wendy’s 1984 advertising campaign, asking the jury, “Where’s the beef?”
“[The evidence] is not quite a full burger,” Sweeting explained. “When I thought and continue to think about this case, I’m still looking for, ‘Where’s the beef?’ I can say unequivocally that it was not Mr. Clemons who is responsible for this offense.”
According to the prosecution, Clemons and an unidentified male victim were arguing outside the liquor store and Pizza Time restaurant at the intersection of Washington Boulevard and Harman Avenue on June 15, 2025. When the fight turned physical, the victim punched the defendant in the face, knocking him to the ground. The prosecutor said Clemons got up, walked away with “a distinct limp” and returned with “a gun he wasn’t supposed to have in the first place.”
Court documents state Clemons prior convictions prohibiting gun possession include illegal possession of ammunition in 2022, armed robbery in 2010 and drug possession with the intent to distribute in 2006.
“[Clemons] pointed it down the street at the corner of the busy liquor store,” the prosecutor said, ultimately firing eight shots at the victim, who drove away in a dark-colored SUV. City surveillance footage captured the shooting, again, highlighting the defendant’s limp.
“Mr. Clemons was ranting and angry at the person who got the better of him in the fight,” the prosecution concluded.
Sweeting disagreed with opposing counsel, saying the case was based solely on identification. Instead, defense counsel said he refers to cases like Clemons’ as “no cases” because there’s little to no evidence. In Clemons’ case, he said, jurors should not expect to see any forensic evidence, including his client’s DNA or fingerprints. There was also no firearm associated with the defendant.
“The ‘beef’ has to be sufficient to prove to you beyond a reasonable down that, in fact, it was Mr. Clemons,” Sweeting said. “It becomes more of a case of what’s not there than what’s there. There is no patty there between these two buns.”
Clemons trial is expected to continued on Jan. 14. He is currently charged with seven weapons violations, including firing a gun in Baltimore City, as well as first-degree assault and reckless endangerment.
