Judge Refuses to Accept ‘Inappropriate’ Plea in Baker Street Shooting

By Amel Kebede [former] - December 4, 2023
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects |

On Dec. 4, Baltimore City Circuit Court Judge Althea M. Handy wouldn’t accept a plea offer proposed by the assistant state’s attorney for defendant Kilo Byrd. 

Byrd, 45, is charged with attempted first- and second-degree murder, first-degree assault, firearm use in a felony violent crime, having a loaded handgun on his person and discharging a firearm within Baltimore City in connection to a May 30 incident. 

Byrd was represented by Andrew Saller. The assistant state’s attorney’s first offer was 15 years, suspending all but five years, to be served in home detention, followed by three years of supervised probation and to register as a gun offender for first-degree assault. Also, for firearm use in a felony violent crime, the prosecution offered a concurrent five years without the possibility of parole to also be served in home detention. 

The judge would not accept the plea offer because she believed that five years in home detention was not correct nor did it amount to parole.

When asked the rationale behind the plea, the assistant state’s attorney responded it was justified by the facts of the case and the defendant has no prior convictions. She explained the main goal behind the offer was to ensure the defendant never owns a firearm.

The prosecution amended the offer to 15 years, suspending all but five years to serve in home detention with three years of supervised probation for first-degree assault. 

Judge Handy also rejected that offer. The assistant state’s attorney then asked for a postponement, which was also denied. Judge Handy said the prosecution should have known she does not approve every plea offer.

The judge ordered the assistant state’s attorney’s supervisor to come to court immediately. She told the assistant state’s attorney and her supervisor that the plea offer was “inappropriate” given the circumstances. 

Without a plea deal, the case went to jury selection.

According to court documents, on May 30, Baltimore Police Department officers were notified of two ShotSpotter alerts in the area of the 2600 block of Baker Street for a non-fatal shooting. They found the victim with two gunshot wounds to the left leg. The victim, who was the defendant’s stepbrother, was transported to the University of Maryland Shock Trauma Center for treatment after the pair had an argument.

Hours earlier, Byrd and his mother called 911 about the argument. At that time, the police advised the victim to leave and to not return home. However, he came back and attempted to break in a few hours later. Byrd confronted the victim on the 2700 block of Baker Street.

While arguing, Byrd admitted he pulled out a gun and shot his stepbrother.