Hung Jury Leads to Mistrial in Beaumont Street Murder Case

By Emma Somers [former] - April 4, 2022
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

Baltimore City Circuit Court Judge Videtta A. Brown declared a mistrial in the homicide case of 30-year-old Donnell Johnson who is accused of fatally shooting 27-year-old Kenneth Bivens in 2020.

Jury deliberations began on March 30 and concluded after the jury could not reach a decision within the time granted for deliberation, resulting in a mistrial.

The defendant is currently scheduled to return to court on Dec. 1, according to the Maryland Judiciary website.

Johnson is charged with first-degree murder, use of a firearm during a felony violent crime, possession of a firearm with a felony conviction, illegal possession of a firearm, having a handgun on his person, and having a handgun in a vehicle in connection to the incident on Sept. 10, 2020, on the 1000 block of Beaumont Street.

During the course of the trial, Judge Brown ruled to reduce the charges to first-degree murder and use of a firearm during a felony violent crime. 

According to prosecutors and witnesses, Johnson and Bivens got into a physical altercation when the defendant allegedly shot the victim in the back of the head. Bivens died two days later following his injuries.  

Defense attorney Brandon Mead informed the jury that although DNA was found under the fingernails of the victim, it did not belong to Johnson, and that no DNA, weapon, or fingerprint evidence was collected that connected Johnson to Bivens’ murder, leaving the jury to rely predominantly on eyewitness reports. 

Witnesses who testified struggled to remember details of the event. One witness told police that Bivens was going to meet someone called “D” to buy marijuana, but said in court that he did not know why Bivens was going to meet “D” and did not remember telling police that the exchange was a drug deal. 

According to this witness, Bivens met someone down the street within eyesight of the porch where he stood. They began to “tussle” and a gunshot was fired that missed the victim but sent him to the ground. The victim began to run back toward the porch when he was shot in the head. 

The witness was unable to identify the shooter in a photo array but said he had brown skin. 

Another witness, a school police officer who did identify the shooter in a photo array, was in her home when shots were fired outside. The witness grabbed her service weapon and saw Bivens get shot when she ran outside her house. She saw the suspect drive away in a car with an unidentified young woman. 

However, during cross-examination, Mead told the jury that the officer described the suspect as 5 feet, 10 inches tall with a slim build, scruffy hair, and matted beard. He asked Johnson, who is a taller man with a huskier build, to stand so the officer could look at him. 

When he asked the school police officer again if she would describe him as “slim”, she said she was unsure. 

The last witness to testify was a detective of the Baltimore Police Department. Mead questioned why witnesses were shown different photos of the defendant.

The previous two witnesses were shown pictures of Johnson from 2018, while the third witness was shown a picture of Johnson from 2014, he said.

Mead also questioned why no video evidence was collected, to which the officer responded that nobody had a working or was actively recording video surveillance camera at the scene. 

During closing arguments, Mead concluded by emphasizing inconsistencies in witness testimonies and descriptions of the suspect. He also noted the general lack of evidence in the case.