Convicted Murderer in 2018 Case Denied Bail

By Rudy Malcom [former] - August 10, 2021
Court | Daily Stories | Homicides | Non-Fatal Shooting | Shooting | Suspects | Victims |

A convicted murderer who has been in jail for more than three years was denied bail on Aug. 10 before Baltimore City Circuit Court Judge Philip S. Jackson.

According to CBS Baltimore, Baltimore resident Jaquan Burks fatally shot Emmanuel Cruz on July 9, 2018, outside a bar on the 400 block of N. Haven Street.

On Aug. 26, 2019, Burks, 28, was convicted of first-degree murder, firearm use in a violent crime, firearm possession, and carrying a handgun on his person. Facing life in prison plus 35 years, he appealed his case about one month later. 

This April, the appellate court reversed his conviction on the grounds that before the jurors were selected, they were not asked to “concisely describe the fundamental right at stake” or asked about their “willingness and ability to follow the court’s instructions as to that right.”

Chief Judge of the Court of Special Appeals Matthew J. Fader, along with Judges Terrence M. R. Zic and Charles E. Moylan Jr., remanded his case for trial in 2021. 

Burks is currently charged with first and second-degree murder, firearm use in a violent crime, firearm possession with a prior felony conviction, and having a handgun on his person. 

Due to the correctional facility’s apparent misunderstanding of Zoom procedures, Burks missed his scheduled bail review on Friday, so the hearing was postponed.

On Tuesday, Burks’ defense attorney, Bradley Shepherd, argued that his client should be released on home detention because of his medical conditions. Burks has asthma, making him likelier to develop severe illness from COVID-19, Shepherd said. He added that Burks has been unable to receive needed surgery and physical therapy.

“He’s not getting the health care he needs,” Shepherd told the court.

Shepherd argued that his client poses no risk to the community. However, the prosecution said the defendant previously brought a weapon on school property and that he was involved in an armed robbery.

According to Shepherd, his client had the weapon, a penknife, because he was a victim of an assault. Additionally, Burks maintained his innocence in the robbery, Shepherd said.

Shepherd argued that his client poses no risk to the community, stressing that Burks has not received a speedy trial.

However, Judge Jackson denied bail for Burks after the prosecution mentioned that multiple witnesses testified to seeing the defendant repeatedly shoot the victim.  

Bail was also denied in the case of a 19-year-old attempted murder defendant.

In connection to non-fatal shooting on May 11, Baltimore resident Kyashia Walker faces two counts of attempted first and second-degree murder, first and second-degree assault, and firearm use in a violent crime. She is also charged with having a handgun on her person, discharging firearms, and three counts of reckless endangerment.

“I understand that these are serious charges,” Walker’s defense attorney, Martin Cohen, told the court on Tuesday, “but this is going to be a self-defense claim.”

Cohen said video footage shows the victim of the shooting pulling out a gun in front of Walker and two other women.

“My client shot back at him to stop him from shooting people,” he said.

The video, he said, also shows the victim holding a gun while running away from the scene.

However, the prosecution argued the video shows Walker shooting first, which Cohen then described as “absolutely false.” 

While a tree in the video hides who shot first, Cohen said multiple witnesses will testify during trial that the victim shot first. The only witness who would say the victim shot second, he said, will not testify due to a “Fifth Amendment issue.” 

Cohen acknowledged that Walker does not have a permit to carry a handgun.

“It’s a problem, no question,” he said. “But this is not an attempted murder the way the state is claiming it is.”

He recommended Walker be put on home detention, noting that her asthma puts her at “heightened risk for COVID-19.”

Nevertheless, Judge Jackson denied bail for Walker.

Judge Jackson also denied bail for Baltimore resident Bryant Adams II.

Adams, 31, is charged with attempted first-degree and second-degree murder, first and second-degree assault, reckless endangerment, and four weapons charges. The charges stem from an incident last fall.

On Tuesday, Adams’ defense attorney, Marc Zayon, said the “defendant is not the person who shot the victim.” According to Zayon, the defendant and victim are friends. 

“They may well be friends today,” the prosecutor responded, “but on Nov. 29, they most certainly were not.”

According to the prosecutor, video footage shows Adams and the victim getting into a verbal argument. Eventually, Adams shot at the victim seven times, the prosecutor said, hitting him once.

The prosecutor said Adams was identified through clothing that video footage shows him wearing at a corner store near the scene of the incident. According to the prosecutor, Adams was later found wearing the same clothing while “hiding at his girlfriend’s place.”

Zayon said the man in the footage was not necessarily Adams, as he was wearing clothing that “people in Baltimore City wear all the time.”

However, Zayon acknowledged that this was a “serious case,” recommending Adams be placed on home detention, which Judge Jackson denied.