Counsel Claims Defendant Acted in Self-Defense During Shooting Outside Adult Club Last Year

By Andrew Michaels - September 26, 2024
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A 30-year-old Baltimore man and his defense counsel put forth an argument of self-defense in the fatal shooting of 29-year-old Stephon Stinnett last September, claiming Stinnett was armed with “a sharp item.”

At the close of trial on Sept. 26, defense attorney Michael Tomko disputed the prosecution’s case that defendant Kwante Betters intended to kill Stinnett shortly after 1 a.m. on Sept. 3, 2023, on the 400 block of East Baltimore Street, also known as “The Block,” where several strip clubs and sex shops are located.

Instead, Tomko reminded jurors of his client’s testimony the day before when Betters said he saw the tip of a shiny object—later identified as a can open—in the victim’s hand during their confrontation.

However, this weapon was never tested as part of the Baltimore Police Department’s (BPD) investigation, Tomko said.

The defendant felt threatened, Tomko continued, as Stinnett and “his associates” previously made threats against Betters’ life. On the night of the shooting, Stinnett, who was determined to have methamphetamine and other amphetamines in his system, had his arms up and swung his fists at Betters before the victim then had his friend come over to help.

Although tragic, defense counsel concluded that Stinnett’s death was an accident that happened in a moment of self-defense. Tomko said the bullet entered Stinnett’s body through his chest and went down, destroying several vital organs. This could have only occurred if Betters’ gun went off as the defendant was swinging it at the victim in self-defense, he added.

“This is a case where identity is no longer an issue because the defendant testified yesterday that that was him” in the surveillance footage and a social media post he made after the shooting, the prosecutor said earlier in the proceeding.

The prosecutor explained that Betters had time to think about his next move when he reached for his handgun, which he kept in his front waistband, and then pointed it at the victim multiple times before the single shot was fired. The defendant also walked away moments before the shooting, she said, giving Betters yet another chance to think about what he was going to do.

City and business surveillance footage as well as body camera footage from police were also replayed for the jury, while the prosecutor broke down the fight and eventual shooting between the two men.

“What was supposed to be the end of summer, Labor Day weekend, was interrupted by violence,” the prosecutor said.

After closing arguments, the jury began deliberating late Thursday morning. Baltimore City Circuit Court Judge Yolanda A. Tanner presided over the trial.