Late discovery provided by the prosecution to defense counsel in two separate attempted murder cases was behind Baltimore City Circuit Court Judge Melissa K. Copeland’s decision on Oct. 14 to grant the respective defense attorneys two-week extensions to file mandatory pre-trial motions.
Under Maryland law, attorneys are required to file mandatory pre-trial motions within 30 days of their or their client’s first court appearance.
Defendants Andy Arteaga Sermeno, 26, and Michael Raphael Garrison Jr., 32, are both charged with attempted first- and second-degree murder, first-degree assault, use of a firearm in the commission of a felony or violent crime, and reckless endangerment in connection to unrelated shootings that occurred within five days of each other earlier this year.
Garrison is also charged with possessing a firearm with a prior felony conviction, having a handgun on his person and in a vehicle, illegally possessing ammunition, and discharging handgun in Baltimore City.
During Wednesday’s reception court proceeding, a prosecutor standing in for the trial prosecutor offered Sermeno 40 years, suspending all but 25 years, for attempted first-degree murder and a concurrent five years without parole for using a firearm in the commission of a felony or violent crime. Under the plea, the defendant would also be required to register as a gun offender and serve five years of supervised probation upon his release.
Sermeno’s attorney, Martin Cohen, informed Judge Copeland that he repeatedly asked the trial prosecutor for discovery; most recently, in late August, early September. Cohen said he received discovery on Oct. 13 and was told the trial prosecutor “missed” his previous email requesting the information.
The attorney added that he couldn’t “comfortably” accept or reject the plea offer given the circumstances and requested an extension to file mandatory pre-trial motions. After granting a 15-day extension, counsel agreed on a three-day trial, beginning Jan. 11, 2027, before Judge Jeffrey M. Geller.
According to court documents, Sermeno confessed to shooting the victim in self-defense, which occurred on the 200 block of S. Broadway St. on May 28. When Baltimore Police responded to the crime scene, they found the male victim with multiple gunshot wounds, including one to his abdomen extending through his back and another to his right buttock.
Hospital staff at Johns Hopkins Trauma later informed police that the victim also suffered a broken hip and would “most likely require surgery.”
Police also spoke with a witness who manages multiple properties in the area and reported hearing two gunshots and then seeing the victim hiding between two cars. Court documents state that the witness told police he also saw who he believed was the suspect using the flashlight from a phone to pick up items off the ground that the witness claimed were shell casings.
The witness later identified a person said to be Sermeno from a photograph as a tenant in one of his apartment buildings and provided police with his work address. Police responded to the defendant’s workplace where they found him with a Glock 43X handgun as well as a detachable magazine containing nine live 9mm rounds and one live 9mm round in the chamber.
In his interview with police, Sermeno said the victim took out a knife to intimidate the defendant, who then shot the victim in self-defense. However, court documents state, video surveillance footage recovered from the area reportedly shows the victim approaching the defendant and exchanging words before walking away. At that time, Sermeno is allegedly seen pulling out a firearm and shooting the victim twice, causing the victim to fall down.
Garrison and his counsel, Catherine Tarantino and Koryn High, faced a similar predicament receiving discovery. The prosecutor first offered the defendant a plea of life, suspending all but 30 years, for attempted first-degree murder, a concurrent 20 years, the first five years without parole for using a firearm in the commission of a felony or violent crime, and a consecutive 15 years, the first five years without parole, for possessing a firearm with a prior felony conviction.
Once again, Garrison would be required to register as a gun offender and serve five years of supervised probation upon his release.
High rejected the offer on her client’s behalf, saying it was the first time counsel and their client heard of the potential plea. She then explained that the defense received discovery from the prosecutor on Oct. 10.
High said the defense not only required more time to review discovery but also file mandatory pre-trial motions.
Once Judge Copeland granted a 15-day extension to file the motions, she and counsel agreed on a four-day trial, beginning Dec. 9, before Judge Sean R. Delaney. Judge Copeland also ensured High that their motions would be heard prior to trial.
Less than a week after Sermeno’s alleged shooting, court documents state that Garrison allegedly shot a male victim on the 1800 block of Edmondson Avenue on June 7. Police followed a trail of blood to a residence where they found the victim’s friend who reported that the victim was shot multiple times. The victim was “still breathing and intermittently losing consciousness,” the report states.
The victim was treated at the Maryland Shock Trauma Center where he was listed in stable but critical condition.
During their investigation, police recovered video footage that reportedly shows the defendant get out of a white Honda Accord and fire multiple shots at the victim followed by an unknown person returning gunfire. The video shows Garrison running back to and driving away in the Honda, which police later learned was registered in his name.
