Judge Grants Prosecution’s Joinder Motion for West Lexington Street Murder

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Baltimore Circuit Court Judge Barry G. Williams granted the prosecution’s joinder motion for three murder defendants.

Charles Bowen, 20, is charged with two counts of first-degree murder, armed robbery, conspiracy to commit armed robbery and firearm use in a felony violent crime.

Davon Butler, 18, is charged with two counts of first-degree murder, armed robbery, conspiracy to commit armed robbery, firearm use in a felony violent crime, having a handgun on his person, having a loaded handgun on his person, possession of a firearm as a minor and illegal possession of a regulated firearm.

Both defendants are suspects in the Feb. 20 death of 19-year-old Darcell Mitchell in the 800 block of West Lexington Street. They are co-defendants with another 17-year-old suspect.

On Aug. 2, the prosecution filed a motion, asking that Butler, Bowen and the 17-year-old suspect be tried together. The 17-year-old suspect agreed on the morning of Oct. 29. Butler, who was represented by attorney Andre Mahasa, also agreed to a joint trial at the Oct. 29 motion hearing. Daniel P. Mooney, on behalf of his client Bowen, opposed the prosecution’s request.

Mooney argued that trying the three co-defendants together could be confusing to the jury, especially since Butler faces additional charges. He also stated that some evidence, particularly one of Butler’s statements, was mutually inadmissible.

The prosecution asserted that they would not use the disputed statement, saying all three co-defendants face the same charges and that they allegedly conspired together for the alleged murder of Mitchell.

The same witnesses and evidence will be used against the three co-defendants, the prosecutor said.

Judge Williams granted the prosecution’s request to join all three cases, provided the prosecution does not use the controversial statement.

A trial date has not been set as of Oct. 29.