‘Exchange of Words’ Led to Victim’s Death By Gunfire, Prosecutor Says

By Andrew Michaels - February 24, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

Defense counsel in the murder trial of Justin Westbrook directed the jury’s attention away from his client and towards two brothers, one of whom he said was responsible for the death of 36-year-old Damon Bailey in 2020.

Westbrook, 26, is on trial for the fatal shooting on June 10, 2020, on the 1800 block of W. North Avenue, where he allegedly shot Bailey eight times after “an exchange of words.” His co-defendants, Antuan Dubose and Theodore Richards, are scheduled for trial this July.

“This case is all about the evidence,” defense attorney James Rhodes told the jury during his opening statement on Feb. 24. “At the point when the murder happens, the [CCTV surveillance] camera happens to be rotating away from where this young man was killed.”

The evidence will show the two brothers’ involvement, he said, specifically one of the brothers who was at the scene when Bailey was killed.

“This case is about respect,” the prosecutor argued earlier in the proceedings. “And what happens when you disrespect Justin Westbrook and his friends.”

The prosecutor explained that on that summer day, the defendant and victim had exchanged words when the former then called his “higher-ups,” referring to Dubose and Richards.

“On June 10, 2020, they told Justin Westbrook to shoot Damon Bailey,” she said—a choice he could have thought about making before pulling the trigger.

Before opening statements, the prosecutor, once again, presented its plea offer of life, suspending all but 50 years, the first five years without parole, and five years of probation for the charges of first-degree murder and firearm use in a felony violent crime. Westbrook rejected the offer, which would have also required him to register as a gun offender.

The jury is expected to hear testimony from Baltimore Police, the two brothers, and the FBI. Testimony began Friday morning before Baltimore City Circuit Court Judge Kendra Ausby.