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By
Andrew Michaels
- May 21, 2024
Attempted Murder
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Court
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Daily Stories
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Homicides
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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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A Baltimore man has been cleared of murder charges for the killing of 27-year-old Jeremy Maldonado last June after the investigation revealed the alleged murder weapon did not match the victim’s wounds.
Jose Flamenco-Reyes, 37, was initially facing murder, attempted murder and additional weapons charges in connection to Maldonado’s death on the 5900 block of Eastern Avenue on June 3, 2023. The dismissed charges include first-degree murder, attempted first and second-degree murder and first-degree assault as well as two counts of firearm use in a felony or violent crime.
However, on May 21, Flamenco-Reyes pleaded guilty to possessing an unregistered short-barreled shotgun and received a sentence of time served. Under the terms of the plea, the defendant must also forfeit his shotgun.
Defense attorneys Todd Oppenheim and Kevin Zelaya said they intend to file a motion to modify the sentence at a later date.
According to the prosecution, an expert’s ballistics report and a review of the victim’s autopsy report showed that the bullets from Flamenco-Reyes’ recovered shotgun did not match the gunshot wounds to Maldonado’s head and chest. Although the initial findings were made in November 2023, the prosecutor said the ballistics report did not “formally exclude” the defendant until about three weeks ago.
Earlier in the proceeding, Oppenheim argued for the case to be dismissed with prejudice, citing “serious discovery issues.” The attorney said the prosecution knew about the ballistics evidence nearly six months ago, specifically, that the actual murder weapon was a 9mm handgun.
Baltimore City Circuit Court Judge Paul E. Alpert denied defense counsel’s motion but agreed to move forward with the plea offer.
Charging documents state that Flamenco-Reyes was attending a party last summer on Eastern Avenue, where Maldonado was “highly intoxicated” and began yelling at people before taking out a gun and waving it around. The defendant was initially accused of then going to his home to retrieve his shotgun, returning to the party and shooting the victim as well as another partygoer, who survived his injuries.