W. North Avenue Shooter Unknown Due to Lack of Evidence, Defense Argues

By Andrew Michaels , Alyssia Davis [former] - February 28, 2023
Attempted Murder | Court | Daily Stories | Homicides | Non-Fatal Shooting | Shooting | Suspects | Victims |

At the start of his client’s homicide trial on Feb. 28, defense attorney James Sweeting III asked the jury to return a not guilty verdict for defendant Arthur McCaden given the prosecution’s lack of evidence to identify the suspect in a shooting that killed Derrick Smith and injured three others.

A Baltimore City prosecutor filled in the blanks of Sweeting’s argument earlier in the proceeding when he explained that on Dec. 17, 2021, the 37-year-old defendant allegedly got out of his Volkswagen on the 1200 block of W. North Avenue, and pulled the 36-year-old victim aside to talk. Smith became distracted when a woman approached them, so “the defendant used that opportunity to shoot the victim twice in his back.”

“I know this happened because it’s all on video,” the prosecutor said. “In the process, [the defendant] also shoots the woman while she was hugging [the victim].”

Additional victims were injured as McCaden ran away from the area, leaving his running car behind.

The defendant attempted to cover his tracks by reporting to Baltimore Police that his car was stolen; however, there was no evidence to suggest this occurred.

“We don’t know what happened; we were not there,” Sweeting said during his opening argument on Tuesday. “I want you to wait until you have all of the evidence before coming to a decision. I don’t want you jumping to conclusions.”

Sweeting noted that the jury should expect to find it difficult to identify the shooter given the limited evidence.

Following opening arguments, testimony began before Baltimore City Circuit Court Judge Robert Taylor.