Bank Street Co-Defendants Found Not Guilty of Attempted Murder But Guilty of Assault

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The jury trial of two attempted murder co-defendants ended with closing arguments on Jan. 11, before Baltimore City Circuit Court Judge Patrick Stringer, with defense counsel arguing about the lack of evidence.

Defense counsels representing co-defendants Jamel Phillips and Tony Foster, argued that there was a lack of evidence to convict them of shooting a woman during a robbery on Aug. 28, 2021.

According to a news release, on the day of the incident, Foster allegedly approached the 52-year-old victim on the 3300 block of Bank Street and shot her after demanding she hand over her purse. Foster then allegedly got into a nearby vehicle and drove away with Philips.

On Jan. 12, the jury found the duo not guilty of attempted murder but guilty of second-degree assault, reckless endangerment, robbery, and theft.

Foster, 27, and Phillips, 24, were both charged with attempted first and second-degree murder, conspiracy to commit first-degree murder, first and second-degree assault, conspiracy to commit first and second-degree assault, reckless endangerment, armed robbery, conspiracy to commit armed robbery, robbery, conspiracy to commit robbery, theft less than $100, conspiracy to commit theft less than $100, the use of a firearm during a felony violent crime, conspiracy to commit the use of a firearm during a felony violent crime, and two counts of having a handgun in a vehicle.

Foster’s defense counsel, Maureen Rowland, said “there were no guns, fingerprints, DNA, ballistics or anything that belonged to Foster” found throughout the investigation.

Foster and Phillips thought the victim would be an easy fight, the prosecutor said during her closing arguments. She continued that not only did Foster point a loaded gun at her head and pull the trigger, but he also stomped on the victim in an effort to get her purse while his friend, Phillips, waited for him in the car.

The victim’s prescription bottle was found in Phillips’ car, along with his mail and cartridge casing.

In a rebuttal, Rowland told jurors the prosecutor had three parts to their case, the first part being the attack on the victim.

There was no evidence that there was ever a gun at the scene that night, nor ballistic evidence or a projectile. She attested that without ballistic evidence, officers could not prove there was a shooting.

The second part of the prosecutor’s case was the red Sedan, Rowland said.

“We have no idea who the car is registered to,” she told jurors.

Rowland also said that the red Sedan is not actually registered to Phillips but that the license plate does belong to him.

Then, there was the arrest of the defendants. There was nothing that ties Foster to the scene of the crime, she said, so there cannot be a conviction due to lack of evidence.

Phillips’ defense counsel, Kenneth Man, stated that the evidence showed that only one person walked across the street, approached and chased the victim, stole from the victim, and shot the victim. The person who assaulted the victim wasn’t Phillips, he concluded.