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By
Connor Driscoll [former]
, Katherine Strauch [former] - July 29, 2021
Court
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Daily Stories
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Homicides
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Non-Fatal Shooting
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Shooting
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Victims
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Two co-defendants accused of murdering a well-known advocate for the homeless are moving closer to trial.
Baltimore residents Brelan Handy and Kenneth Smith were arrested more than one year ago for the homicide of Paul Behler. According to the Baltimore Sun, Handy, 38, and Smith, 62, allegedly stabbed Behler to death on the 300 block of N. Howard Street on June 28, 2020. The incident was captured on surveillance.
On July 15, Handy was offered a plea of life, suspending all but 50 years, with five years of probation, for first-degree murder. Defense attorney Natalie Finegar did not accept nor reject the offer, as the deal was still being negotiated.
Smith was offered a plea of life, suspending all but 60 years, with five years probation, which defense attorney Jonathan Kerr rejected on Smith’s behalf.
On July 29, the pair returned to reception court at the Baltimore City Circuit Court to set a trial date. They also face another count of first-degree murder and one count each of armed robbery, conspiracy to commit armed robbery, and having a deadly weapon with the intent to injure.
The cases were first heard by Judge Melissa K. Copeland, where the two men were informed of their rights to a speedy trial. Maryland law requires defendants to be tried before their Hick’s date, or within 180 days of their first court appearance.
The cases were originally intended to be tried jointly; however, while Handy waived those rights, Smith did not. Their cases were then moved to Judge Melissa M. Phinn‘s courtroom, where Smith was scheduled to return to reception court on Jan. 4, 2022, to set his trial date.
Handy’s case was scheduled for trial on Feb. 1, 2022.
Judge Phinn also scheduled an attempted murder case for trial on the same date.
Baltimore resident Antonio Janifer is the suspect in the non-fatal shooting of a Baltimore Police officer on May 26, 2020.
According to ABC Baltimore, an officer tried to pull over Janifer, 29, who was driving erratically. Janifer sped away, and the officer drove after him.
Janifer then got out of his car and started running away on the 900 block of Light Street, and a foot chase ensued. Janifer turned and shot the officer in the abdomen, leaving him with non-life threatening injuries. Janifer was arrested six days later.
Janifer’s defense attorney, David Shapiro, petitioned the court for a mental health evaluation and, on July 7, Judge Gale E. Rasin found the defendant competent to stand trial.
On July 26, the prosecution offered Janifer a plea of life, suspending all but 60 years, for two counts of attempted first-degree murder, 20 years each for four counts of firearm use in a violent crime, 30 years for first-degree assault, and 25 years for home invasion. Under the offer, he would serve all sentences concurrently.
Shapiro rejected the offer on his client’s behalf.
Janifer also faces two counts of attempted second-degree murder, another two counts of first-degree assault, and one count of home invasion. He also has more than a dozen weapons and traffic-related charges.
On Thursday, Janifer waived his rights to a speedy trial before Judge Copeland. Hours later, in a hearing before Judge Phinn, the prosecution informed the court that Shapiro is seeking to appeal Judge Rasin’s prior ruling that Janifer is competent to stand trial.
If successful, the jury could find the defendant “not criminally responsible,” in addition to guilty or not guilty.
The prosecution said they had reached an agreement with Shapiro to schedule the trial for Feb. 1, 2022, and the trial date is expected to be formally set on Aug. 5.