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Dalen Berry [former]
- October 14, 2022
Attempted Murder
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Court
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Daily Stories
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Homicides
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Non-Fatal Shooting
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Shooting
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Suspects
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A 41-year-old Baltimore man facing first-degree attempted murder rejected a plea of life on Oct. 13 before Baltimore City Circuit Court Judge Melissa M. Pinn.
Calvin Hemphill is being charged with attempted first and second-degree murder, first and second-degree assault, reckless endangerment, use of a firearm during a felony violent crime, possession of a firearm with a felony conviction, illegal possession of a regulated firearm, possession of a firearm with a drug conviction, having a loaded handgun on his person, and discharging a firearm in connection to an incident that occurred on April 17.
According to a CBS Baltimore News, officers were called to the 1500 block of Pennsylvania Avenue at 8:49 p.m., where a 53-year-old man was found suffering from an apparent gunshot wound.
The victim was transported to an area hospital for treatment.
Hemphill and his defense attorney Judit Otvos rejected a plea of life, suspending all but 40 years for attempted first-degree murder with the first five years without the possibility of parole for the use of a firearm during a felony violent crime. These charges were set to run consecutively.
The prosecution informed the court that discovery was given to the defense on the night before the hearing; however, defense counsel Otvos claimed she only had received a statement of probable cause.
Otvos also noted that she filed a motion to either dismiss the case or for the case to be resolved in a hearing. As a result, Judge Phinn sent the case to be heard before Judge Jennifer B. Schiffer.
During court proceedings, counsel Otvos argued that she wanted to dismiss the case and exclude all evidence against her client due to the prosecutor being unprepared and the discovery being long overdue.
The prosecutor informed the court that the reason the discovery was not sent on time was due to his busy trial schedule in September.
In addition, the prosecutor requested the case be postponed so they would have more time to investigate the case.
Judge Schiffer denied this request as she said she did not have the power to postpone this matter. She also brought up the defendant’s right to proceed to trial. Therefore, Judge Phinn sent this case back to Judge Schiffer.
Judge Phinn scheduled the defendant’s trial date for Dec. 2 and it is expected to last three days.
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