A Baltimore City Circuit Court judge denied an attempted murder defendant’s motion for acquittal on Oct. 21, despite a witness acknowledging she never saw him fire a gun, calling the case “textbook circumstantial evidence.”
Brandon Therron Spencer, 49, is charged with attempted first-degree murder and related firearm offenses in connection with a March 30 shooting on the 3100 block of Oakford Avenue. The 34-year-old victim sustained gunshot wounds to his jaw, both legs and lower back during a neighborhood cookout.
During testimony before Judge Robert K. Taylor Jr., a witness who shares a son with Spencer described an argument between the defendant and several younger men over an earlier incident at his home. She said Spencer left the cookout before returning with their son, Therron Antonio Spencer, 29, and angrily confronting the men without explaining why.
Father and son are both charged but being tried separately. Therron’s trial is expected to begin Nov. 4.
The witness testified that she saw Brandon Spencer pointing a firearm toward the victim but acknowledged during cross-examination by defense attorney Michael Shawn Clinkscale that she never saw him remove the weapon from his bag or fire it. She explained that she saw Brandon Spencer carrying a bag, later saw him holding a firearm and heard gunshots.
However, the witness said she did see her son Therron Spencer fire a gun into the air during the incident.
Following her testimony, Clinkscale moved for a judgment of acquittal, arguing that the state had failed to present sufficient evidence for attempted first- and second-degree murder. He emphasized that the witness never actually saw Brandon Spencer shoot the victim.
The prosecution argued that premeditation, which is required for first-degree murder, can occur in a single moment without extensive planning. Prosecutors also pointed to the victim’s gunshot wound to the face as evidence of intent to kill.
Taylor denied the motion, describing the case as “textbook circumstantial evidence” because Brandon Spencer was the only person identified as having a firearm in the immediate area at the time of the shooting. He also cited Spencer’s anger, his decision to leave and return to the cookout, and the lack of provocation as evidence supporting intent and premeditation.
Circumstantial evidence can be as effective as direct evidence by creating a chain of events linking a suspect to a crime.
Following the ruling, Brandon Spencer testified in his own defense, denying that he possessed a firearm and claiming he had not had one in approximately 30 years.
Brandon testified that he confronted the younger men because he believed they had been involved in shootings near the witness’s home, where the cookout was being held. He said their actions put his grandchildren in danger because of how close the shootings were to the house.
Brandon maintained that when gunfire later erupted, he ran toward the house to reach his grandchildren, who were standing on the stairs.
During cross-examination, Brandon was questioned about the bags he carried during the incident, including a Louis Vuitton bag and a crossbody bag. He continued to deny possessing a firearm.
Closing arguments were scheduled for Oct. 22.
