Jury Hears Closing Arguments About Whether Murder Suspect Was in Gang’s ‘Orbit’

By Erin Kim [former] - April 29, 2024
Court | Daily Stories | Homicides | Shooting | Suspects |

Baltimore City Circuit Court Judge Althea M. Handy presided over closing arguments in the murder of 48-year-old Marquis Carter allegedly at the hands Dayvonta Mackey, 29, a reputed member of the 1800 Boys drug-trafficking gang on April 26.

Mackey’s attorney Benjamin Charlton used an astronomical analogy to describe the case saying, If the leader of the 1800 Boys was the sun and the other eight members were the planets, Mackey was Pluto — not considered a planet.

The prosecutor carried the interplanetary theme a step farther: “You don’t have to be a member. You can be an associate. Pluto still orbits the sun.” He said that this homicide was a dispute over drug turf not a personal vendetta, and as such, it was a premeditated, intentional killing.

As previously reported by Baltimore Witness, Mackey is charged with 24 counts, including participating in a criminal organization, conspiracy to distribute narcotics, participating in a criminal organization in commission of a crime that resulted in a death, first-degree murder, second-degree murder, firearm use in a felony violent crime, firearm possession with a felony conviction, illegal possession of a regulated firearm for the homicide that occurred on March 1, 2022, in the vicinity of the 1800 block of Wilkens Avenue, where the 1800 Boys operated. 

According to the prosecutor, Mackey’s assertions about partial self-defense are contingent on the fact that a “dead man can’t talk.”

He presented surveillance camera footage allegedly showing Mackey observing Carter, casing the block at the crime scene, meeting with two gang members to arrange a getaway ride, then shooting Carter three times from behind and absconding in a vehicle.

The prosecution claimed that in Mackey’s initial statement to law enforcement officers was the homicide was about controlling the 1800 Boys gang drug territory.

Defense attorney Benjamin Charlton asserted that the case is really voluntary manslaughter or partial self-defense, and it had nothing to do with a drug conspiracy.

The defense says Carter shot Mackey five years earlier, leaving him unable to walk normally, and on March 1, Carter threatened to “finish the job” within 24 hours. 

Charlton claimed that’s why Mackey had to make a “terrible but reasonable” decision. Contrary to the prosecution’s theory, this was not about drugs, said Charlton, since none were found on Carter.

Further, Charlton claimed that if the homicide was connected to a criminal gang the prosecution would have charged others as accessories.

Charlton acknowledged that Mackey dealt drugs before, during and after the six-month existence of the gang but searches conducted by the Baltimore Police Department (BPD) turned up with no evidence linked to Mackey.

After a five day trial, the jury has the case.