Accused shooters in two separate incidents last April accepted plea agreements on Dec.5 for assault weapons violations, despite both defendants hesitating to take their offers.
Two weeks from his birthday, 23-year-old Denis Fernando Aldana, softly wept as he pleaded guilty to assault and using a firearm before Baltimore City Circuit Court Judge Althea M. Handy. The judge and defense attorney Eric Berman thoroughly questioned Aldana to confirm his understanding of the agreement.
The defendant pleaded guilty to first-degree assault for 25 years, suspending all but five years, and using a firearm in a crime of violence for a consecutive 15 years, suspending all but 10 years. Prior to sentencing, Berman informed the prosecutor and Judge Handy of his intention to file a motion to modify Aldana’s sentence to probation before judgment, citing this was the defendant’s first criminal offense.
According to court documents, two other men were with Aldana on April 28 when the trio were at Joe’s Tavern on the 1000 block of Dundalk Avenue on the night of the shooting. In court the prosecutor explained that the three men, including Aldana, got into an argument with the male victim inside the bar and then left, driving away in a black Acura.
The victim drove at “a high speed” and followed the defendant and two men, who the Berman said were trying to get away from the victim. When the vehicles were alongside one another, Aldana allegedly shot into the front right side of the victim’s vehicle.
“Mr. Aldana tried to act in self-defense and took it a step too far,” Berman told Judge Handy.
Although Baltimore Police issued a “be on the lookout” alert, Aldana was not arrested until May 18 during a traffic stop. The arresting officer reported recognizing Aldana by a cut on his right eyebrow and low-cut haircut from the alert.
Aldana cooperated with police and told them the Glock 19 9mm was underneath the front passenger seat. He also told police that he found the gun while working a concrete job in Baltimore and that the two others with him did not know about it.
At the other end of the Cummings Courthouse hallway, 30-year-old defendant Donte Evans debated whether he would dismiss his counsel, Augustine Okeke, or maintain Okeke’s services and move forward to trial or take a plea deal. After a couple hours of discussion, Evans opted for the latter, agreeing to serve five years without parole for using a firearm in commission of a crime of violence for shooting at a 15-year-old male victim and his friend.
Evans was also accused of assault and weapons charges, which were dismissed in agreement with the plea.
Court documents state that the defendant shot a 15-year-old teen who was with his friend on the 800 block of Bethune Road around 11:20 a.m. on April 19. When police arrived at the scene, they found a red Hyundai that allegedly rear-ended a Ford Focus as well as a Kia Sorento, all of which were later found to be stolen.
The 15-year-old victim, who had been driving the Kia, told police that Evans shot him as the victim’s friend was driving and reportedly crashed the Hyundai. Evans and an unknown woman were also at the scene and told police that the 15-year-old victim’s friend crashed into his relative’s parked Focus. Evans then bailed out of the Hyundai and ran away but was ultimately apprehended by police.
The victim explained that the defendant grabbed his face and “would not let go” during an altercation. According to charging documents, the 15-year-old victim told police that Evans had a Glock handgun with a switch that he believed the defendant was going to use to shoot him.
Police reported that video evidence shows a black male with short hair, a white T-shirt and grey pants chasing and shooting at an unknown black male in a black top, light pants and black shoes. Minutes later, Evans is seen in the video striking the victim in the face.
