Two co-defendants charged with the murder of 38-year-old Briane Gaye in a McDonald’s parking lot will not be tried together due to the prosecution’s untimely motions filing, Baltimore City Circuit Court Judge Melissa K. Copeland ruled on Jan. 30.
Judge Copeland’s decision comes after the prosecuting attorney attempted to schedule a date for a joinder motion to argue for the combined trial of 17-year-old Tristin Cofield and 24-year-old Dajuan Heath. Cofield is being tried as an adult, with both co-defendants facing murder and multiple weapons charges.
Court documents state that Cofield was under the supervision of the city’s Department of Juvenile Services (DJS) when this incident occurred.
During Friday’s reception court proceeding, the judge informed the prosecutor that her joinder motion — filed on Dec. 12, 2025 — fell outside the 30-day filing window.
Maryland law states attorneys must file such motions within 30 days of a defendant’s or their attorney’s first court appearance. Defense attorneys Judit Otvos and Mike Fiol, who represent Cofield, and Derrick Hamlin, who represents Heath, all filed their appearances in October 2025, Judge Copeland noted.
“It does not look like these will be tried together,” she concluded.
The judge and counsel agreed to return to reception court on Feb. 20 to set Cofield’s trial date, while Heath’s counsel scheduled a motions hearing on March 3 to argue suppressing evidence before Judge Michael A. DiPietro.
Earlier in the proceeding, the prosecutor offered Cofield life, suspending all but 50 years, for first-degree murder and firearm use in a felony or violent crime and offered Heath life, suspending all 40 years, for the same charges. The co-defendants’ respective counsel rejected the offers.
Baltimore Police Department (BPD) officers identified Cofield as the suspect who shot and killed Gaye around 1:20 a.m. last August, according to court documents. Police responded to the McDonald’s parking lot at 2501 W. Franklin Street, where they found Gaye unresponsive with multiple gunshot wounds.
Gaye was taken to University of Maryland Medical Center Shock Trauma and pronounced dead shortly before 2 a.m. His death was ruled a homicide on Aug. 10, 2025.
Court documents state that video surveillance showed two suspects — later identified as Cofield and Heath — approach Gaye, who was riding his white and black scooter. After a brief confrontation, the victim was shot and the suspects stole his scooter and left the scene.
Police recovered the victim’s clothing, blood, tools, bolt cutters and four cartridge casings from the crime scene.
In September 2025, police allegedly identified Cofield through his Instagram account followed by a positive identification from a staff member at his school and his probation officer. Heath’s mother identified her son in a still photo from the video footage and informed police that he was currently at the University of Maryland Rehabilitation Center.
