Judge Postpones Hearing Pending Response to Motion for Reconsideration in Case Involving MS-13 Affiliate

By Ashley Brown [former] - November 18, 2022
Attempted Murder | Court | Daily Stories | Juveniles | Suspects | Victims |

Baltimore City Circuit Court Judge Melissa Phinn postponed a reception court hearing on Nov. 17 as the defense counsel, who is representing an attempted murder defendant affiliated with the MS-13 gang, awaits a response to a motion for reconsideration he filed with another judge in July. 

Carlos Eduardo Dias, 19, is charged attempted first and second-degree, first and second-degree assault, possession of a deadly weapon with intended injury, reckless endangerment, conspiracy to commit first-degree murder, and conspiracy to commit first and second-degree assault in connection to the non-fatal stabbing of a 17-year-old girl on June 6, 2020, at Turner Station on the 20 block of Rayme Road.

Dias was 16 at the time of the incident.

At Thursday’s hearing, Dias’ defense attorney, Brian Levy, informed Judge Phinn that he filed a motion for reconsideration with Baltimore City Circuit Court Judge Emmanuel Brown on July 26 and has not received a response since. Previously, Judge Brown vacated his motion to withdraw the case with prejudice in early July.

According to the Baltimore Sun, Baltimore Police arrived at the scene after a CSX engineer notified police that he found the body of a girl, who was later identified as Michelle Tenezaca, alongside railroad tracks in Baltimore. They also discovered a second victim several feet away who was “clinging to life.” 

Like Tenezaca, this girl was also stabbed multiple times. 

Members of the MS-13 gang have been implicated in these violent acts. 

Dias, who is believed to be a member of the gang, was apprehended on June 11, 2020, and charged with first-degree murder as he is shown in footage from the incident walking with the girl before she was stabbed. 

During the hearing, the prosecution proposed a plea offer, entailing 30 years suspended as 18 years time served in addition to five years of probation for Dias’ alleged involvement in the stabbing. Levy declined this offer, stating that he was not given sufficient time to discuss the terms with his client.

Judge Phinn ordered parties to return on Jan. 23, 2023, to address matters regarding Levy’s delayed motion response and the plea offer proposed.