‘Are You Confident?’ Defense Asks Jury in Final Arguments of Homicide Trial

By Andrew Michaels - December 14, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

Before retiring to the jury room for deliberations, defense attorney Michael Tomko emphasized that all 12 jurors put their own confidence into question as they determine the fate of homicide defendant Tracy Jones.

The trial of the 18-year-old Baltimore man concluded on Dec. 13, following three days of witness testimony. Jones is accused of fatally shooting 21-year-old Davron Dorsey outside the Ez-Shop Grocery store on the 3100 block of W. Belvedere Avenue on June 27, 2019.

He is facing charges of first-degree murder, firearm use during a felony violent crime, having a handgun on his person, and firearm possession as a minor.

During closing arguments on Monday, Tomko repeatedly asked the jury to assess their level of confidence while reviewing the evidence, referencing a statement made by Baltimore Ravens coach John Harbaugh during a post-game conference on Sunday.

“Confidence means that we do everything possible that we can do,” Tomko said, referring to Harbaugh’s statement.

“Are you confident?” he asked the jury.

The defense attorney reminded the jury of his earlier argument about the alleged flaws in the Baltimore Police Department’s investigation. Homicide detectives’ investigation was placed under a microscope during the trial, including testimony from the lead detective who testified Monday morning.

The detective testified that it is protocol for police to complete a crime log on the scene of everyone there. In addition, officers are directed to go door to door to find potential witnesses.

However, Tomko noted, a crime log was not fully completed nor was a door-to-door canvas.

Questioning from the prosecution revealed that two women, who were with Dorsey at the time of the shooting, were not cooperative with police.

“It’s just unfortunate. We didn’t have anybody coming forward,” the prosecutor said.

Police also conducted a search and seizure warrant on a home where the defendant was supposedly living, the detective testified, where they found a pair of shorts that matched a sweatshirt with the Sagittarius symbol on it that the defendant was wearing at the time of the shooting. A bike and a pair of shoes were found as well but did not belong to Jones.

Earlier in the day, the prosecution called the owner of HUEY BRAND clothing boutique to testify. The owner testified that his business designed and sold the aforementioned sweatshirt and shorts, which he previously told detectives were sold exclusively as sets.

But, during trial, the man clarified that there were cases when he sold the items separately.

Before releasing the case to the jury, the prosecutor shared her final thoughts.

“People wake up every day and think, ‘What am I going to do with my life?’ In this case, Tracy Jones took that away from Davron Dorsey. … Today is Davron Dorsey’s day for justice.”

Baltimore City Circuit Court Judge Videtta A. Brown presided over the trial.