Defendant Was Trying to Protect His Friend During Double Shooting on S. Potomac Street, Defense Says

By Andrew Michaels , Alyssia Davis [former] - April 4, 2023
Attempted Murder | Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

Defense counsel for attempted homicide defendant Mario Diaz admitted that his client was drunk and high when he shot two people outside a bar on S. Potomac Street last year, but that he did so because he believed his friend was being assaulted.

Baltimore City Circuit Court Judge Dana Middleton and counsel kicked off the 31-year-old man’s trial on April 4, giving jurors insight into what allegedly happened on July 17, 2022, on the 1000 block of S. Potomac Street.

In her opening statement, the prosecutor said the three victims—a married couple and the husband’s brother—were leaving a bar and a fight broke out. Video footage of the fight shows an unknown man punch the wife of one of the victims in the face. The prosecutor explained that the victim’s husband hit the assailant when the defendant intervened and fired one gunshot in the area and another at one of the male victims.

After the injured man fell to the ground, Diaz is seen walking up to him and putting a gun to his head. Before Diaz had a chance to pull the trigger, the prosecutor continued, the victim’s brother pushed Diaz aside but was shot in his back in the process.

“A lot of things [the prosecution] told you is true. Mr. Diaz and I are not contesting to that,” defense attorney Alex Leikus responded in his opening statement.

According to defense counsel, Diaz, who has no criminal record, went to watch a soccer game at the bar with a friend on the night of the shooting. Leikus told jurors that Diaz did have alcohol and was high, but only fired his handgun to stop his friend from being assaulted.

The defense attorney questioned why Diaz would have fired his gun in the air if he was actively trying to shoot someone as the prosecution had alleged. Diaz and his friend also went to the Baltimore Police Department the following day, with the latter providing a video of the incident taken on his cell phone.

Testimony began after opening statements on Tuesday and is expected to continued on April. 5.

Diaz is charged with two counts each of attempted first and second-degree murder and first and second-degree assault as well as single counts of reckless endangerment, firearm use in a crime of violence, having a loaded handgun on his person and in a vehicle, having a handgun on his person and in a vehicle and discharging firearms.