Judge Declares Mistrial for Attempted Homicide Case from Nearly 2 Years Ago

By Alyssia Davis [former] - October 7, 2021
Attempted Murder | Court | Daily Stories | Home Page | Non-Fatal Shooting | Suspects | Victims |

Baltimore City Circuit Court Judge Cynthia H. Jones declared a mistrial Oct. 6 in a case involving two individuals charged with shooting a 13-year-old girl in 2019. 

Lasheena Stewart, 38, is charged with attempted first-degree murder,  conspiracy to first-degree murder, attempted second-degree murder, conspiracy to attempted second-degree murder, first-degree assault, conspiracy to first-degree assault, second-degree assault, conspiracy to second-degree assault, reckless endangerment, and firearm use in a felony-violent crime. in connection to an incident on Nov. 22, 2019. 

Antwan Newton, 21, is charged with attempted first-degree murder, conspiracy first-degree murder, attempted second-degree murder, conspiracy of attempted second-degree murder, first-degree assault, conspiracy of first-degree assault, second-degree assault, conspiracy of second-degree assault, reckless endangerment, use of a firearm in a violent crime, having handgun on person, and fired gun within city in connection to an incident on Nov. 22, 2019. 

The mistrial occurred after defense brought to light evidence, an anonymous tip, that pointed to another suspect who was not disclosed to the defense. 

Judge Jones said this evidence, if shared, could have reshaped defense counsels’ opening arguments, and now has put undue bias on the jury. Judge Jones said she found that the defendant’s due process rights had been violated.

“I’ve never seen anything like this. [It] concerned me,” Judge Jones told counsel. 

During the prosecution’s opening statement, the prosecutor accused the defendant of persuading her co-defendant to shoot at the victim, around 9 p.m. on Nov. 22, 2019, on the 700 block of E. 20th Street. 

The prosecutor said that according to the victim, Newton was the one who pulled the trigger, which led to the victim being shot in the back and left paralyzed from the waist down. 

During Roya Hanna’s, Stewart’s defense attorney, opening statement, she said the victim knew Stewart prior to the incident, in fact the victim was living with Stewart at one point. She also argued that initially the victim said she did not know who shot her but a month later told police a different story. 

Hanna said the victim’s story changed throughout the investigation, it started with Stewart and Newton being involved then changed to some random person involved. The defense also mentioned that while completing a photo array, the victim picked out three different suspects out the six total. 

In addition, Hanna noted that during the investigation, the officers ignored tons of evidence as well as a 911 call made by Stewart. 

However, the prosecutor said the victim never identified anyone else as the shooter nor suggested anyone else was involved other than Stewart.

During Newton’s defense attorney’s opening statement, Chris Purpura said at the time of incident the defendant was 19-years-old, insinuating that teenagers are prone to making mistakes. 

Purpura also said there was no physical evidence to prove that Newton was involved, plus the evidence that was collected at the scene did not cooperate with the victim’s story of the incident. 

In addition, Purpura noted that at the time of the incident Newton was with his girlfriend. 

The case will return to reception court where a trial date will be decided. Judge Jones told lawyers, if given permission by Judge Melissa Phinn, who is in charge of criminal cases, there may be a possibility to retry the case next week. 

Judge Jones said she is available until Oct. 18.

Editor’s note: A jury found Antwan Newton not guilty on July 14. Lasheena Stewart’s case was dismissed on July 14.