On March 13, counsel presented opening statements before Baltimore City Circuit Court Judge Robert K. Taylor in the homicide case against defendant Donnell Johnson.
Johnson, 32, is charged with first-degree murder, firearm use in a felony violent crime, having a handgun on his person and having a handgun in his vehicle for his alleged involvement in the death of 27-year-old Kenneth Bivens.
In their opening statement, the prosecution called the incident a “senseless act of violence,” alleging that a physical altercation led to Johnson fatally shooting Bivens in the back of the head as he attempted to escape. They claimed that the identification of Johnson as the suspect is based on witness testimony.
Johnson’s defense attorney, James Sweeting III, presented the case as an issue of “whodunit” and reiterated the importance of the prosecution in proving beyond a reasonable doubt that Johnson was responsible for the murder.
The incident, which occurred on the 1000 block of Beaumont Avenue, happened on Sep. 10, 2020. Johnson was initially tried in 2021, but it resulted in a hung jury.
Testimony is expected to continue over the next several days.
