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‘Proximity Does Not Prove Participation,’ Says Defense in Double Homicide Case 

Closing arguments were presented in the trial of William Andre Stewart III, 27, on Oct. 26, before Baltimore City Circuit Court Judge Dana Middleton. During the proceeding defense attorney Deborah Warner-Dennis argued that “proximity does not prove participation.”

Stewart is charged with multiple counts of first-degree murder, attempted first- and second-degree murder, first- and second-degree assault, conspiracy to commit murder, reckless endangerment, firearm use in the commission of a violent felony and several weapons offenses in connection with two fatal shootings.

In the first incident, Stewart allegedly shot and killed Manuel Luis, 19, during an attempted robbery in his vehicle parked on the 4700 block of Loch Raven Boulevard. Luis was shot six times in his vehicle. Investigators recovered six .40-caliber shell casings consistent with bullets found at the second shooting. Surveillance footage presented by the prosecution did not reveal any identifying features of the shooter.

In the second incident, Stewart and his alleged co-conspirators reportedly opened fire inside a Subway sandwich shop on the 5600 block of the Alameda in Glen Oaks, killing Travis Chance, 16. More than 20 shots were reportedly fired, also striking two women, one in the leg and the other in the ear.

Warner-Dennis focused on gaps in the prosecution’s evidence linking Stewart to the shootings.

She emphasized that investigators did not recover the suspected firearm or ammunition from Stewart’s home. Additionally, the black hoodie, white tennis shoes and yellow T-shirt allegedly worn by the shooter were never recovered from her client.

Warner-Dennis questioned the DNA evidence from the alleged getaway vehicle, since investigators recovered DNA likely belonging to Stewart’s co-conspirators, but none was linked to him.

Warner-Dennis also questioned the cellphone location data used to place Stewart around the crime scenes, noting that the general area covered included his home. According to earlier expert testimony, the data only established a general vicinity that could be even wider than initially indicated.

The prosecution, meanwhile,  argued that Stewart’s phone was turned off during  both shootings. However, the records only showed its status and location when an incoming or outgoing call occurred, making it difficult to determine precisely when the phone was turned off.

The prosecution rebutted the defense’s arguments about insufficient DNA evidence, stating that it was insignificant because Stewart had voluntarily admitted to being inside the vehicle linked to the second homicide. However, the prosecution did not directly address the defense’s argument that the cellphone location data also included Stewart’s home.

Jury deliberations have begun.

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