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By
Rudy Malcom [former]
- August 5, 2021
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A man convicted of manslaughter nearly six years ago can now file for a motion to modify his sentence, despite a law that a sentence cannot be modified after more than five years.
Baltimore resident Michael Elliott allegedly killed a man after he refused to leave his backyard on Aug. 26, 2014, according to CBS Local. After an argument escalated, Elliott, 63, repeatedly stabbed Robert Morris with a steak knife in his neck and torso.
The victim then fled the alley behind Elliott’s home on E. Coldspring Lane, eventually collapsing on the 500 block of Willow Avenue. Officers were called to the scene and Morris, 31, was pronounced dead shortly after being taken to Johns Hopkins Hospital.
According to charging documents, Elliott was heard saying “The [expletive] came into my yard. The [expletive] got dealt with in my yard” before being ordered to drop the knife and taken into custody. He also reportedly told an officer, “I should have just beat him up, but I had tools in my hand.”
More than a year later, on Oct. 28, 2015, Elliott was sentenced to 10 years, suspending all but four, with three years of supervised probation, for manslaughter.
During a hearing on Aug. 4, Baltimore City Circuit Court Judge Karen C. Friedman said she is allowing Elliott to file a motion to modify his sentence due to an agreement with the prosecution.
Under the agreement, Elliott must withdraw his petition for post-conviction relief, which he filed more than two years ago. Elliott’s defense attorney, Edward Kenny, said his client had filed this petition on the grounds that his previous defense attorney failed to file for a motion to modify his sentence.
“In essence, you’re getting what you asked for,” Judge Friedman told the defendant.
However, Judge Friedman said Judge Timothy J. Doory, who presided over his case more than half a decade ago, can still decide not to shorten Ellliott’s sentence.
Elliott previously filed for an appeal on Aug. 31, 2016, but Judge Doory’s verdict was affirmed that September. More than three years later, he filed for post-conviction relief on Oct. 8, 2019.