Shots were fired when a group of friends, including 21-year-old defendant Marvin Cabrera Ortiz, attempted to retrieve a stolen dirt bike earlier this year, counsel agreed at the start of Ortiz’s jury trial on Oct. 15. What remains is the degree of the defendant’s and the victim’s involvement in the shooting in the early morning hours of March 19.
Ortiz is charged with conspiracy to commit first-degree murder, first-degree assault, and three weapons violations in connection to the incident on the 1200 block of Quantril Way. His trial began on Thursday before Baltimore City Circuit Court Judge Anthony F. Vittoria after a two-day delay due to scheduling conflicts unrelated to the case and an unsuccessful postponement request.
During his opening statement, the prosecutor compared the case to an onion, highlighting how new layers are revealed the more you peel it back or, in this case, investigate the incident.
“As you peel them back, it isn’t always what it seems,” he told the jury.
The prosecutor explained that Baltimore Police were called to Quantril Way and found the victim with a gunshot wound to his buttock who they believed to be innocent in the crime at the time. Shortly after, police were called to the Royal Farms gas station and convenience store on the 3300 block of E. Fayette Street where they found Ortiz and the others in a white sedan with multiple bullet holes.
“Everyone was involved in this shooting one way or another,” the prosecutor said, referring to Ortiz and the victim. “…[The suspects] took matters into their own hands and used violence. Weapons were fired, a person was struck, and somebody needs to be held accountable.”
Defense attorney Robert Frank argued that Ortiz and his friends actually called the police to the Royal Farms and reported that their car had been shot. Defense counsel also questioned how the victim identified the shooter at the time of the incident since the victim was shot in his backside.
The victim reportedly told police that a friend stole his dirt bike, but that he also stole one to three dirt bikes using a grinder tool to cut off the bike locks, defense counsel said. Additionally, he admitted to police that he fired between nine and 15 shots with an illegal gun.
“This is the person the [prosecution] wants you to believe,” Frank said. “[The victim] says, ‘I’ll tell you the truth,’” during his police interview. “The people who say they’ll tell you the truth are lying.”
Although jurors should expect to see video footage of the shooting, Frank said they will not see anyone’s arm sticking out of the sedan when shots were fired nor see a recovered gun, gunpowder from the defendant’s clothing or cartridges from inside the sedan.
Testimony began later Thursday afternoon and is expected to resume on Oct. 19.
According to the police report, the victim told police that he recognized the shooter as Ortiz, also known as “El Duende,” who was in the front passenger’s seat of a white Honda Accord that pulled up alongside him before the shooting. He claimed the shooting stemmed from the victim’s friend stealing a dirt bike that belonged to one of the people in the car — later identified as the car’s driver.
In his interview with police, the car’s driver said the victim had stolen his dirt bike — valued at approximately $8,000 — the day before and that the driver and victim had been texting about it. The driver allegedly admitted to texting the victim that he would “kill him” if the dirt bike was not returned and explained that the victim responded he would only return the dirt bike for $3,000.
When the defendant and others pulled up to the scene of the crime, the car’s driver said they saw the stolen dirt bike in the yard. He also told police that the victim opened fire on the car before Ortiz returned fire, which the victim allegedly confirmed with police.
Police recovered 12 shell casings from .40-caliber and 9mm firearms as well as the victim’s black .40-caliber Glock handgun, which had no serial number.
