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By
Khalaisha James [former]
- November 10, 2022
Court
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Daily Stories
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Juveniles
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Non-Fatal Shooting
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Shooting
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Suspects
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Victims
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An assistant state’s attorney continued her request for postponement of trial on Nov. 9 before Baltimore City Circuit Court Judge Melissa Phinn.
Michael McDowell was previously scheduled for trial Nov. 2, but the victim was admitted to a psychiatric ward for treatment and was unable to testify, causing a delay.
The 33-year-old defendant is charged with first-degree assault and using a firearm in a felony violent crime in connection to an incident that occurred in November of 2021.
According to the Baltimore Police Department (BPD), on Nov. 5, 2021, a 17-year-old victim was shot in the leg on the 3600 block of Park Heights Avenue following a dispute shortly after 11:00 a.m.
During Wednesday’s hearing, the assistant state’s attorney notified the court again of the mental health issues regarding the victim. She stated that she believes with a little more time, the witness will be prepared for trial.
“I will give you more time, but you have to understand, Mr. McDowell is incarcerated,” said a concerned Judge Phinn, stressing the length of time McDowell had already spent in jail.
Judge Phinn granted the request saying, “I can’t postpone this case again for the same reasons.”
The prosecution also offered McDowell, a plea of 20 years, suspending all but seven years with four years of supervised probation for first-degree assault, a consecutive sentence of 10 years, suspending all but five years with the first five years without the possibility of parole, and four years of supervised probation. The defendant would have also been required to stay away from the victim.
McDowell, who is represented by defense attorney Roland Harris, rejected the plea offer.
The defendant’s trial is now scheduled to start on Feb.28 with Baltimore City Circuit Court Judge Gregory Sampson, presiding. The trial is expected to last two days.