Judge Denies Prosecution’s Postponement Request for Homicide Trial

By Caroline Myers [former] - October 28, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

A Baltimore City Circuit Court judge denied the prosecution’s postponement request for a homicide trial during reception court on Oct. 28.

Daekwon Walker, 24, and Desmond Carter, 35, are scheduled for trial on Nov. 11 for the murder of Antoine Webster on June 24, 2019, at the metro station on the 3300 block of Cold Spring Lane. 

Walker and Carter are both charged with first-degree murder, conspiracy to commit first-degree murder, firearm use in the commission of a crime, and having a handgun in a vehicle. Walker is additionally charged with having a handgun on his person.

On Thursday, the prosecution requested a postponement from Judge Melissa Phinn. The prosecutor in this matter said he was assigned the case two days prior due to the previous prosecutor’s resignation from the Baltimore City State’s Attorney’s Office.

Walker’s defense attorney, Catherine Flynn, strongly objected to the postponement.

Flynn raised the issue that the defendants had been incarcerated for two years without a trial and this particular trial had been scheduled since June. Flynn also said the previous prosecutor had announced his resignation at least two months prior to his leaving, so the case should have been reassigned much earlier.

The defense attorney for Carter, John Deros, seconded the arguments made by Flynn. 

Judge Phinn said that while this is not the fault of the prosecutor currently assigned to the case, the State’s Attorney’s Office “dropped the ball,” and the postponement request was denied.

Phinn also noted that the Nov. 11 trial is scheduled as a “backup trial,” meaning that it is not set before a specific judge and will only take place that day if there is a judge available.