Counsel delivered closing arguments in the trial of a Westover man accused of a broad daylight murder in Baltimore’s Cherry Hill neighborhood over two-and-a-half years ago.
Andrew Curry, 24, is charged with two counts of first-degree murder and one count each of second-degree murder, firearm use in a felony crime of violence, and reckless endangerment, as well as two more handgun violations in connection to the murder of Desmond Gardner, 27.
Gardner was shot more than 10 times on the morning of Jan. 26, 2023 while walking on the 3400 block of Spelman Road. By the time officers responded to the scene, Gardner was dead, with 12 gunshot wounds and 12 fragment wounds across the back of his body, his head, and his face.
Area surveillance footage captured three masked individuals approaching Gardner and shooting him “over and over and over,” an attack that the prosecution called indicative of both pre-meditation and intent to kill. Investigators later learned Gardner was on his way to visit his young daughter during his lunch break from work when the attack unfolded.
The morning of the incident, Curry reportedly received a text from 20-year-old co-defendant Parris Harris, who was sentenced in April to life in prison for his involvement in Gardner’s death. “On my way to you,” the message read. Minutes later, Gardner was gunned down.
In the hours following the shooting, Harris’ and Curry’s cellphones continued to move together, pinging the same cell towers. Investigators were later able to obtain cellphone records that were intented to prove the pair’s friendship. The day after the incident, a message was sent to Curry from Harris’ phone that read, “Love you.” Curry responded, “Love you more.”
Hours after the shooting, a shooting victim walked into George Washington University (GWU) Hospital in Washington, D.C. to report a gunshot wound to his right leg. The victim gave medical staff the name Andrew Curry, and the birthdate he reported matched the birthdate tied to Curry’s Instagram account.
The prosecution traced Harris’ and Curry’s movements throughout Baltimore City and Washington, D.C., noting they “drove past at least a dozen hospitals” before settling on GWU, well outside Baltimore City limits. Police were also able to obtain deleted Google search records for “D.C. trauma hospitals” from a friend of Curry.
Defense attorney Natalie A. Finegar argued the prosecution had no way of verifying that Curry was involved in the crime and urged jurors to consider whether he was actually shot during the incident. Finegar argued Curry sustained circular scars that were inconsistent with the typical ovoid shape observed in recovered gunshot wounds, and claimed that the distinct lack of blood at the crime scene also countered the possibility that Curry was shot. Curry’s wound had required a tourniquet, she noted, and should logically have produced a large amount of blood.
In rebuttal, the prosecution dismissed Finegar’s argument, arguing that Gardner sustained at least 20 injuries – “at least 10 to 20 more times than the defendant was shot –- “and he wasn’t spurting out blood.”
Finegar also pointed to the inaccuracy of cell site towers, referring to prior expert testimony that acknowledged the towers only extrapolated general, not precise, locations for cellphones. She claimed it was entirely possible Curry’s and Harris’ phones traveled in close proximity, but that Curry was never at the scene.
The prosecution rejected the possibility of coincidence, pointing to the various overlaps in evidence. It was no coincidence, they argued, that Harris’ and Curry’s cellphones pinged the same cell towers throughout the day, especially after Harris had texted Curry to inform him he was on his way. Furthermore, the prosecution noted, both co-defendants’ phones went silent after Gardner’s murder, and both pinged the same tower upon turning back on later.
Finegar ended her closing argument by quoting a comment written in the 1760s by jurist William Blackstone, urging jurors to remember that “it is better that ten guilty persons escape than that one innocent suffer.”
The prosecution concluded by expressing their trust in jurors’ capability to exercise common sense in reaching a verdict.
Proceedings were held before Baltimore City Circuit Court Judge Charles J. Peters.
Jurors are currently deliberating.
