A prosecutor pleaded for time to put a murder suspect on trial in a reception court proceeding before Baltimore City Circuit Court Judge Melissa M. Phinn on October 15. At issue, conflicting schedules, and possible prejudice because jurors saw the defendant in shackles before a proceeding began.
Derrick Ashe Jr. 40, is accused of first degree murder, use of forearm in a violent crime, loaded handgun on person and possession of a firearm during crime of violence. Ashe is also charged with illegal possession of firearms and two counts of illegal possession of ammunition.
According to court documents, the night of the incident police responded to a call at a BP gas station on the 1000 block of North Avenue. Upon arrival, they found 36- year- old Jemmell Dixon near a bus stop suffering from multiple gunshot wounds to the back of his head. Dixion was rushed to the emergency room but succumbed to his wounds.
Detectives reviewed surveillance footage and conducted interviews with witnesses ultimately identifying Ashe as a suspect. Officers say they found twenty-four live 9mm rounds of ammunition in a search warrant.
Based on court scheduling Ashe’s trial was set to begin Oct 9. However, it was rolled over until Oct. 13, then Oct. 15, and on Oct. 15 the proceeding was pushed until January.
There were multiple problems getting the trial off the ground including overlapping trials, with conflicting schedule commitments, and the fact that at one point Ashe was brought into the courtroom in shackles–not civilian clothes–with the jury present, possibly prejudicing his case.
“This is not Mr. Ashe’s fault,” said the prosecutor,” noting that correctional officers were scheduled but not available. “He needs to go on trial.” She admitted some confusion in that this was the first time she had a trial date.
Judge Phinn sympathized with Ashe’s frustration, and did her best trying to resolve the conflicts.
Trial is set for January 4, 2027.
