Attempted Murder Mistrial Declared Based on Undisclosed Self-Defense Evidence

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A mistrial for an attempt murder defendant was declared on July 18, before Baltimore City Circuit Court Judge Barry G. Williams, because the prosecution failed to disclose potentially exculpatory evidence.

Ludis Guevara-Sosa, 18, was charged with attempted first-degree murder, conspiracy to commit first-degree murder, attempted second-degree murder, first-degree assault, conspiracy to commit first-degree assault, second-degree assault, conspiracy to commit second-degree assault, firearm use in a felony violent crime, conspiracy to use a firearm in a felony violent crime, three counts of reckless endangerment, having a handgun on his person, having a loaded handgun in a vehicle and discharging a firearm in connection to an incident on Oct. 14, 2023.

Defense attorney Jerry Rodriguez argued for dismissal of the case on the grounds that there was ballistics evidence that could have come from another gun, the victim’s, which could have created a potential self-defense argument. The prosecution did not turn over the evidence pointing to another gun being used at the scene to the defense prior to the trial.

Rogriguez stated that Guevara-Sosa started firing, and that there may have been return fire. The lead detective on the case was aware of another gun and its connection to the Guevara-Sosa case, but that information was not made available to the defense until hearing it during testimony at the trial. There was even another man that was arrested in this case, but his charges were dropped when the arresting officer failed to appear in court.

Judge Williams said the errors were not made by the prosecution maliciously, but that they were grounds for a mistrial. Due to Guevara-Sosa waiting for trial and the prosecution’s failure to provide extremely relevant material to the defense, Judge Williams did not think that it would be appropriate to try the case again.