Acquitted: Judge Denies Pretrial Motions in 2019 Road-Rage Incident, Clears Way for Trial

By Connor Driscoll [former] - July 21, 2021
Court | Daily Stories | Homicides | Non-Fatal Shooting | Shooting | Suspects |

Editor’s note: The defendant was acquitted of charges in this case.

All three pretrial motions were denied at the Baltimore City Circuit Court on July 20 in the case of a 23-year-old man accused in a West Baltimore road-rage incident on Halloween two years ago.

Baltimore resident Anthony Ward is accused of shooting a 20-year-old man on October 31, 2019. He faces charges of attempted first and second-degree murder, first-degree assault, firearm use in a violent crime, reckless endangerment, carrying a handgun, and discharging a firearm. 

The incident began with a collision on the 400 block of Yale Avenue, less than a mile away from the scene of the shooting, according to the Baltimore Sun. A man riding a dirt bike hit and damaged the victim’s vehicle. Police believe there is a possible association between Ward and the dirt bike rider.

The crash eventually led to the non-fatal shooting on the 3600 block of Old Fredericks Road. The injured victim was treated at a local hospital, where he was listed in stable condition, the Baltimore Sun reported.

Ward was arrested nearly two months later on Dec. 26 in Spring Grove, Pa., by a task force of U.S. Marshal and Baltimore Police law enforcement agents. 

During Tuesday’s hearing, Judge Althea M. Handy ruled on pretrial motions made by the defense and prosecution. The defense argued two motions before the court: to dismiss the case on the basis of his client’s speedy trial rights and to quash an eyewitness’s identification of the suspect. 

Ward’s defense attorney, Todd Oppenheim, argued that his client’s speedy trial rights were violated multiple times by repeated postponements due to the COVID-19 pandemic. Ward, who has been incarcerated for almost two years, had lost hope that his case would ever be tried, Oppenheim said.

Oppenheim then criticized how the Circuit Court has handled cases during the pandemic. Contrary to the city’s approach, he said, federal and other state courts were still able to hold trials during the height of COVID-19. Ward has had three previous trial dates postponed. 

Judge Handy rejected the argument that the delays were unconstitutional, referring to a prior Supreme Court ruling. The most important factor to consider, she said, is prejudice against a defendant.

Arguments over whether the defense endured any prejudicial effect due to the delay led to discussion over the evidence. Judge Handy chastised the prosecution for failing to provide notice as to what evidence they will present at trial.

When the prosecutor said that such disclosure was not required, Judge Handy responded, “It is in this courtroom.” 

Both the prosecutor and defense attorney blamed each other for the lack of specific notice. The prosecutor then accused Oppenheim of lying about what was said at a previous matter. While Oppenheim claimed that the prosecutor had said all the evidence was “fair game,” however the prosecutor said that those were not his words, but those of the judge who presided over that hearing. 

Judge Handy said the prosecutor’s failure to disclose which of the evidence he planned to present was “totally off the wall.” To settle the matter, she instructed the prosecution to give a list of the evidence that will be presented at trial.

She also ruled that the postponements did not violate Ward’s constitutional right to a speedy trial because they were done for a neutral reason and did not result in any benefit or injury to either party. 

For the second motion, Oppenheim pointed out that during the first official photo array, the witness identified a different person. However, she changed her mind and identified Ward after police reminded her of a prior conversation in which she identified him as the shooter through social media photos.

The motion was quickly rejected, though Oppenheim can still argue that the identification was tainted by police at trial. 

The prosecution’s key witness is a dirt bike rider and actor who appeared in the HBO movie, “Charm City Kings.” In January, the 26-year-old witness was arrested by police and charged with first and second-degree murder in connection to stabbing her partner to death, according to the Baltimore Sun.

Defense counsel questioned the witness’s credibility due to her alleged involvement in another crime.

The prosecution motioned the court to exclude any mention of the witness’s arrest and pending charges, but the motion was denied. 

The witness is scheduled to be transported from jail to court in order to testify on July 22. Ward’s trial is set to begin July 20 and is expected to last three or four days. Jury selection for the trial began on July 21.