Attempted Murder Defendant to Continue with Public Defender Despite Disapproval

By Alyssia Davis [former] - January 20, 2023
Attempted Murder | Court | Daily Stories | Non-Fatal Shooting | Shooting | Victims |

On Jan. 19, a Baltimore man facing attempted murder charges advised the court that he filed a form to have his defense counsel discharged from his case before Baltimore City Circuit Court Judge Nicole K. Barmore. 

Defendant Dana Stewart stated that his defense counsel Robert Ness “did not do what he was supposed to,” which is why he started the process of discharging his counsel. He claimed that Ness had not seen him since he was locked up a year ago.

Stewart , 35, is charged with three counts each for first and second-degree attempted murder, three counts each of first and second-degree assault, the use of a firearm during a felony violent crime, three counts of reckless endangerment, having a handgun on his person, having a handgun in a vehicle, having a loaded handgun in a vehicle, and having a loaded handgun on his person in connection to an incident on Feb. 9, 2022. 

In spite of Ness’ inactivity, the defendant said he was willing to work with him as long as he did his job correctly. 

Ness requested to postpone the hearing due to prior grievances and would like for those problems to be resolved first. He asked for the case to be sent to Judge Melissa M. Phinn for postponement. 

Judge Phinn continued the hearing until Jan. 25. 

According to court documents, on the day of the incident, officers were called to the 3800 block of Ridgewood Avenue for reports of aggravated assault by shooting. On arrival, officers found the victim suffering from a gunshot wound. 

The victim told the officer that she was shot by Stewart, who is her children’s father. Earlier that day, the victim said she and her ex-boyfriend, along with her youngest child, had driven to the 2800 block of W. Lafayette Avenue to pick up her oldest child from daycare. 

After picking up her child, while walking back to the vehicle, the victim stated that she was approached by Stewart. She claimed that the defendant seemed upset and began scolding her for having another man around their children.

In the midst of the argument, the defendant allegedly grabbed hold of the oldest child’s arm and started pulling him away from the victim. In fear of injuring the child, the victim stated she let go of the child’s arm. 

Trying to avoid further confrontation, the victim got in the car while her ex-boyfriend proceeded to drive away. It was then that the victim said she saw the defendant reach into his coat pocket and pull out a black handgun, firing three to four shots at the vehicle.