Attempted Murder Defendant Considers Plea After Given More ‘Palatable’ Offer

By Ashleigh Joplin [former] - November 2, 2022
Attempted Murder | Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

Defense attorney Maureen Oleary asked for her client’s case to be continued on Nov. 1, citing that her client may be leaning towards taking the new plea offered by prosecutors.

The day began with prosecutors asking for a postponement before Baltimore City Circuit Court Judge Nicole Barmore in the trial against defendant Brian Clark. The prosecution said he had just been informed that the primary detective for the case had recently had surgery. He said the detective did not have a return to work date as of yet and was confined to his bed at the moment.

The prosecutor also noted that the victim would like to make a statement, but due to him using a wheelchair, it was challenging to make arrangements for his appearance.

Clark is charged with attempted first and second-degree murder, first and second-degree assault, reckless endangerment, armed robbery, robbery, attempted theft valued less than $100, using a firearm in a felony violent crime, having a handgun on his person and discharging firearms in connection with an incident that occurred on Nov. 26, 2021.

The defense did not object because Clark is already serving five years for another charge for which he took a plea in September.

In the attempted murder case, prosecutors had initially offered a life plea, suspending all but 25 years with five years of supervised probation for attempted first-degree murder, in addition to a concurrent sentence of five years without the possibility of parole for the use of a firearm in a felony violent crime.

A new offer was given by the prosecution on Tuesday of 40 years in prison, suspending all but 20 years for attempted second-degree murder, with a concurrent sentence of five years without the possibility of parole for the use of a firearm in a felony pilot crime. Clark’s defense lawyer said this offer might be a little more “palatable” to her client.

The case was rescheduled for a continuation on Nov. 29 by Baltimore City Circuit Court Judge Melissa M. Phinn to discuss the new plea.