Judge Declares Mistrial in Liberty Heights Avenue Gas Station Shooting

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Baltimore City Circuit Court Judge Hope Tipton declared a mistrial in a non-fatal shooting case on June 25 due to a COVID-19 outbreak among the jury.

Xavier Hawkins, 20, represented by Isabel Lipman, faces charges of first-degree assault, conspiracy to commit first-degree assault, second-degree assault, conspiracy to commit second-degree assault, firearm use in a felony violent crime, illegal possession of a registered firearm, possession of a firearm as a minor, firing and discharging a firearm, illegal possession of ammunition, reckless endangerment, unauthorized removal of property, two charges of conspiracy to use a firearm in a felony violent crime, wearing or carrying a firearm and carrying or transporting a firearm each in relation to an incident on Sept. 2, 2023, at a gas station on the 2800 block of Liberty Heights Avenue.

The mistrial was declared after a member of the jury came down with COVID-19 and could not take part in the proceedings. Another juror was previously dismissed for the same reason. During the hearing, an alternate was not available. Hawkins wished to continue the trial with 11 jurors, while the prosecution disagreed.

After the mistrial was declared, Hawkins and counsel moved to reception court before Judge Melissa K. Copeland, but since counsel were unsure about future witness availability, no trial date was set. Hawkins will appear for another reception court hearing on June 26 to set a retrial date.

According to documents from the District Court of Maryland, Hawkins was found on the 2800 block of Liberty Heights Avenue suffering from gunshot wounds and informed Baltimore Police Department officers that he was walking from the gas station when he heard gunshots and tried to leave the area.

Camera footage showed Hawkins allegedly firing a gun at the scene before running and discarding the weapon on the 2900 block of Liberty Heights Avenue. Investigators later found Hawkins’ clothes and the weapon he allegedly fired.