Lawyers Dispute Instagram Evidence in Murder Trial

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“You could walk out of the house and get hit by a truck,” Charles “Sleepy” Bowen, 20, allegedly said in a voice message to Darcell Mitchell, 19. In the same message, he demanded $50 that he believed Mitchell owed. The message was sent to an Instagram group chat a few days before Mitchell was fatally shot on Feb. 20, 2024, in the 800 block of W. Lexington Street.

Bowen, Davon “Dae-Dae” Butler, 19, and an unidentified juvenile stood before Baltimore City Circuit Court Judge Jennifer B. Schiffer on April 7 as the prosecution detailed the moments before Mitchell’s death, which included a confrontation allegedly sparked by an argument over the $50.

Defense attorneys Andre Mahasa, representing Butler, and Daniel Mooney, representing Bowen, filed a motion for judgment of acquittal, arguing a lack of evidence to prove premeditated robbery and murder.

“Mr. Mitchell approached them ready to fight,” said one of the defense attorneys, framing the encounter as reactive rather than planned.

The prosecution countered, citing messages from an Instagram group chat leading up to the murder as clear evidence of intent. They argued that the defendants waited outside for the group before the attack, indicating premeditation.

Judge Schiffer ultimately denied the motion.

Butler faces two counts of first-degree murder and one each of armed robbery, conspiracy to commit armed robbery, firearm use in a felony or violent crime, firearm possession as a minor, and several other firearm charges.

Bowen is charged with two counts of first-degree murder and one each of armed robbery, conspiracy to commit armed robbery, and firearm use in a felony violent crime.

The prosecution alleged the group chat dispute escalated into robbery during which Butler fatally shot Mitchell, the juvenile pushed a witness to the ground, and Bowen allegedly robbed Mitchell of $200 before Mitchell died at the scene.

“It doesn’t matter who pulled the trigger,” the prosecution told the jury, gesturing to the three co-defendants. “You’re all a part of the same crime. You’re all a part of the murder.”

Mooney argued it remained inconclusive whether Bowen owned the Instagram account from the group chat linked to the nickname “Sleepy.”

“Even if you believe that’s Bowen’s account, this makes no sense,” Mooney said during his closing argument. “Who actually owns this account? Extract it! Preserve it!”

Mahasa and Mooney criticized the credibility of two witness testimonies. Although both witnesses initially identified the perpetrators, inconsistencies later arose in their accounts.

The first witness, who was later identified as Mitchell’s friend’s girlfriend, initially told detectives she witnessed the defendants. She later testified differently, saying she was intoxicated and not wearing glasses. Mahasa argued the second witness’ identification of the perpetrators was influenced by the first witness’ account.

The defense maintained their argument that the case rests heavily on social media evidence and poor investigations by the police.

Jurors are set to begin deliberation on April 8.