Attempted Murder Defendant Escorted Out of Court After Trial Postponed

A Baltimore man accused of attempted murder was forcibly escorted out of court on Aug. 5 after Baltimore City Circuit Court Judge Melissa Phinn granted a postponement for the prosecution during his trial. 

Tavian Fleming, 35, is charged with attempted first and second-degree murder, first and second-degree assault, reckless endangerment, discharging a firearm, possession of a firearm with a felony conviction, illegal possession a regulated firearm and use of a firearm during a crime of violence. 

The defendant was visibly angry and tried to leave the defense table after the postponement was announced, which pushed his trial back another three and a half months. 

Fleming was immediately met by two guards who escorted him out of the courtroom loudly swearing, and could be heard knocking over several items in the hallway. 

The case was initially set to begin trial today before Baltimore City Circuit Court Judge Dana Middleton, but the prosecutor, the fifth one assigned to this case, only received the case three weeks ago and had been too busy to fully prepare. 

Because of this, the parties were sent to Judge Phinn’s courtroom, where defense lawyer Jeremy Eldridge objected to the postponement, saying he was ready to proceed with trial and Fleming had already been imprisoned for over a year. 

Due to the serious nature of the case, Judge Phinn was inclined to grant the postponement. 

Judge Phinn set the date for pre-trial motions for Sept. 30 and the new trial dates on Nov. 22, 23 and 28.