Defendant Charged with Discharging Firearms Did Not Fire Gun, Prosecution Says

By Carly Schiller [former] - July 21, 2021
Court | Daily Stories | Suspects |

A Baltimore man facing multiple weapons charges rejected a plea offer on July 21, following the dismissal of a motion to suppress evidence. Despite the Maryland Judiciary website listing a discharging firearms charge, Baltimore Witness also learned on Wednesday that the defendant never fired his gun.

Baltimore City Circuit Court Judge Barry G. Williams presided over a hearing for a 37-year-old defendant allegedly involved in an incident on Oct. 13, 2020.

According to the Maryland Judiciary website, the defendant is charged with two counts of firearm possession with a felony conviction and one count each of possession of firearms, carrying a handgun on his person, having a loaded handgun in a vehicle, discharging firearms, and illegal possession of ammunition.

The prosecution told Baltimore Witness that the defendant never discharged his weapon and that he is not charged with discharging a firearm.

There is also a discrepancy with the number of charges for firearm possession with a felony conviction against the defendant.

During the hearing on Wednesday, the arresting officer’s body camera footage was shown, revealing that the defendant had only one firearm on him. The prosecution entered a photograph into evidence that showed the one gun recovered from the defendant, contradicting charges against him that he had two guns.

The arresting officer testified in the hearing about the incident on Oct. 13, 2020. The officer explained that while patrolling in the Southeastern District, he saw a woman who had an arrest warrant. After talking to the woman about a different matter, she said she saw the defendant walking down the street holding a gun. 

After receiving this tip and already aware that the defendant had a current warrant, the officer found him and called for backup. The officer saw the defendant walking with a limp, which he said was typical of someone concealing a weapon.

Four officers followed the defendant into a Mini Mart, where they surrounded him, told him to put his hands up, and asked him if he had any weapons. The officers then frisked the defendant and took his gun. 

The officer’s testimony was supported by his body camera footage, which was played before the court.

Defense attorney Shomari Taylor motioned to suppress the officer’s testimony, arguing that the officer did not have enough reason to search the defendant, therefore, violating the Fourth Amendment. 

Judge Williams rejected Taylor’s motion to suppress. He said the officer had sufficient reason to believe the defendant was dangerous and that the officer followed protocol.

The prosecution offered the defendant five years, without the possibility of parole, for firearm possession with a felony conviction, and three years for carrying a handgun on his person, to be served concurrently. Taylor rejected the offer on his client’s behalf.

The defendant had received this offer before as well as another prior offer that he previously rejected.

The case is scheduled for trial on Aug. 9.