Absences Delay Sentencing for 2022 Attempted Murder Codefendant

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Both the prosecutor and the defendant in a June 2022 attempted murder case were absent from a scheduled sentencing hearing before Baltimore City Circuit Court Judge Erik S. Atas on Aug. 4, necessitating a new hearing date. 

Destiny Nickelson, incarcerated in the Maryland Correctional Institution for Women, did not appear for unknown reasons. The prosecutor assigned to the case was absent because he was waiting for a jury in another case to return a verdict. Another assistant state’s attorney stood in and conveyed proposed trial dates to the prosecutor via text message.

Bradley L. MacFee, Nickelson’s attorney, also noted that he had ordered a pre-sentencing investigation, which was not completed prior to the hearing.

Judge Atas rescheduled the hearing to Nov. 6 after all parties agreed to the date. 

On April 3, Nickelson, 30, pleaded guilty to attempted second-degree murder and conspiracy to use a firearm in the commission of a felony violent crime in connection to a June 4, 2022 incident.

According to court documents, police responded to the 2000 block of Maryland Avenue on reports that Nickelson and her codefendant, Deaira Roary, had attempted to rob and shoot Roary’s brother. Surveillance footage showed that Nickelson drove Roary to the scene and unsuccessfully shot at the victim three times, but did not substantiate the alleged robbery.

Previously, MacFee pursued a not criminally responsible plea for his client, due to her taking over her prescribed dosage of psychiatric medication on the day of the incident.