“There’s not just one doubt. There are many doubts,” defense attorney Michael Tomko said during closing arguments on Sept. 12. “This is a modern day who-done-it.”
His client, Tracy Allen Jones, 19, is facing charges of first-degree murder for the shooting death of Davron Dorsey, 21, in June of 2019. He is also charged with the use of a firearm during a felony violent crime, having a handgun on his person, and possession of a firearm as a minor.
Tomko cross-examined the following three witnesses called by the prosecution to testify about the search and seizure warrant for the defendant’s home. He asked whether or not all of the law enforcement officers investigating the case could positively identify Jones as the suspect, who was caught on video at the time of the incident.
“Seven officers, with familiarity to that area, could not make a positive identification,” said Tomko, who questioned why law enforcement did not test any DNA from the items found in the defendant’s residence.
Only two of the nine officers investigating the murder identified the suspect as Jones when they watched the video days after the shooting.
In response to the defense’s questions, the assistant state’s attorney posited that the defendant may have never worn several of the items found during the raid on his home and, because of this, there was no need to test them.
In their closing argument, the prosecution said that Jones displayed “very clear” premeditation and shot Dorsey as he fell to the ground.
“He wants to take the victim by surprise. He wants a sweatshirt where he can hide his gun,” said the state’s attorney about Jones as the video of the incident was played for the jury one last time. “We can’t be in someone’s mind to figure out intent, but we can see the circumstances.”
“This young man, Mr. Tracy Jones is in your charge,” Tomko told the jury. “If you have doubts, there is reasonable doubt. Render the only verdict that makes sense.”
The jury began deliberations at 3:45 p.m on Monday before Baltimore City Circuit Court Judge Jennifer B. Schiffer.