A 34-year-old accused of shooting at someone in July who he believed shot him two years ago was denied bail on Oct. 20 as he awaits a competency evaluation and not criminally responsible (NCR) plea.
During a hearing to reconsider the Baltimore City District Court’s bail ruling, the prosecutor argued that defendant David Hemingway “most certainly is a threat to public safety” after he reportedly fired 10 shots at another man who the defendant believed had shot him in 2024. Although the victim wasn’t shot, the prosecutor told Circuit Court Judge Michael A. DiPietro that he suffered a fractured ankle while running away.
Hemingway is charged with attempted first- and second-degree murder, first-degree assault, using a firearm in the commission of a crime of violence, having a handgun on his person, reckless endangerment, discharging a firearm in Baltimore City and theft of less than $100.
“[The defendant] admits to targeting this individual and shooting at this individual,” the prosecutor concluded, asking that Hemingway remain held without bail.
Defense attorney Martin Cohen informed Judge DiPietro that his client suffers from mental health issues and that the defense has filed a motion for a competency evaluation and NCR plea.
In order to stand trial, a defendant must be mentally competent enough to understand the charges and be able to help his attorney.
Hemingway’s criminal record stems only from traffic violations, including two convictions and a probation before judgment for driving without a license.
The prosecutor interjected that the defendant allegedly has ties to the drug community, but did not elaborate further. Cohen noted Hemingway was never convicted of any related crimes.
“My client stated in his petition that he is worried about his health and safety while he is locked up,” Cohen said.
The high school graduate currently lives with his grandparents and had been working with his grandfather at the family’s business, Hemingway Salvage, Cohen said.
Defense requested Hemingway’s release on home detention.
Despite no criminal convictions or failures to appear in court, pre-trial services recommended the defendant be held without bail due to the circumstances behind the shooting. Judge DiPietro agreed, saying he previously reviewed the video of the District Court ruling and did not find any change in circumstances or information presented.
According to court documents, Baltimore Police recovered city and residential video footage that showed Hemingway driving a blue 2006 Chevrolet Silverado with an unidentified front seat passenger and another passenger in the truck’s flatbed shortly before 7:40 a.m. on the 1300 block N. Carey Street on July 16. The defendant is reportedly seen parking the truck, crossing to the other side of N. Carey Street and walking between two parked cars when he took out a handgun and allegedly began shooting at and chasing the victim into an alleyway on the 1300 block of Laurens Street.
He also stole the victim’s book bag before getting into the front passenger’s side of the truck as the former front passenger drove them away, the police reported.
Police later learned the truck was registered to Hemingway, who reportedly confessed to shooting at the victim. The defendant also told police that the handgun he used was behind the truck’s driver’s seat in a black zip-up bag.
When a search warrant was served on Aug. 4, police reported that they found a black Polymer80 handgun loaded with 12 rounds of .40-caliber ammunition, a black gun holster, 19 suspected cocaine rocks, 16 Suboxone addiction treatment strips and a black Xfinity satchel bag.
Hemingway’s next court appearance is expected on Dec. 15 in reception court.
