Defense Complains of Short Notice For Ballistics in Shooting Case

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On April 28, Baltimore City Circuit Court Judge John A. Howard rejected defense attorney Natalie Finegar’s motion to strike bullet-related evidence from the trial of Dionte Cain, 31.

Cain is charged with attempted first- and second-degree murder, firearm use in a felony or violent crime, conspiracy to first-degree murder, armed robbery, reckless endangerment, and related firearm and conspiracy violations in connection to a non-fatal shooting incident that occurred on April 2, 2024.

According to court documents, the victim was attempting to leave a parking lot located in the 5300 block of York Road when Cain and co-defendant Darnell Johnson, 28, approached him in a burgundy Acura MDX SUV.

Johnson accepted the prosecution’s plea offer of 20 years, suspending all but 12, for firearm use in a violent crime, as well as a concurrent five years, suspending all but two, years concurrent, for having a handgun on his person. He will serve three years of supervised probation following completion of his sentence.

Video footage captured a person identified as Cain exit the Acura, approach the driver side of the victim’s vehicle, and threaten him.

Responding officers located the victim suffering from gunshot wounds to his wrist and right thigh. When officers pulled Cain and Johnson over on April 4, 2024, Cain was allegedly sitting next to a gun while Johnson had one under the driver’s seat.

Finegar argued that letting the detectives wait until they feel like submitting evidence would create a “slippery slope.” She said she wants more time to review the ballistic test results, which weremdelivered to her on April 23. She and her client were left “in the dark,” she said.

The prosecution argued there was no “ill will” or deliberate attempt to surprise the defense with late results, and noted that Finegar had opportunities to analyze it herself since January. They urged Judge Howard to admit the evidence for trial.

Judge Howard agreed with the prosecution, saying that the only harm to the case would be delaying it. He decided to admit the evidence and reset the case for April 29 before Judge Melissa K. Copeland.