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By
Alyssia Davis [former]
- August 19, 2022
Court
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Homicides
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Shooting
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Victims
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Baltimore City Circuit Court Judge Anthony Vittoria denied a 42-year-old defendant’s motion to modify his 50-year sentence on Aug. 17.
Antonio Girard Stewart was convicted of second-degree murder and using a handgun to commit a crime in an incident on May 25, 2010.
During court proceeding, Stewart’s defense counsel, Nayda Kuachusri, motioned to have the defendant’s sentence modified, citing his lack of criminal history prior to the incident in question and his mental health issues.
Kauchusri said she believes the modification is warranted but should not lessen the gravity of the terrible crime. Over the last 14 years, Stewart has completed several programs while in prison, as well as maintained positive relationships with his employers. One of his employers attended the hearing to support the defendant.
Kauchusri said a minor modification would give the defendant a chance to show that he could be a good citizen. Stewart is not eligible for parole until he serves at least 25 years in prison. Suspending some of Stewart’s time will open up other doors for him, said his defense attorney.
However, the prosecutor argued that the defendant’s current sentence is appropriate. The employer, who is in court on behalf of the defendant, fired him, said the prosecutor.
The prosecutor said Stewart shoved the kids out the front door and proceeded to drag his wife by her hair down the basement stairs on Nov. 30, 2008. He then shot her five times. He said the gun jammed while trying to turn it on himself.
According to the Baltimore Sun, the Baltimore Police Department was called to Bel Air Road and Parkside Drive for a domestic dispute around 8:35 p.m. when the victim’s daughter told police that her mother, Dawn Williams-Stewart, was attempting to move out of their house on the 4000 block of Parkside Drive. She also told police Stewart, who was 29 years old at the time and the victim’s husband, had a gun.
“I ask you to deny the modification so the family can move on and continue to raise the children and heal from this trauma. I don’t want this family to go through this again with another judge listening to Stewart tell lies,” said the prosecutor.
Kauchusri called a forensic psychiatrist to testify on behalf of her client. He testified that he reviewed Stewart’s record and completed a clinical evaluation, noting the passing of Stewart’s mother when he was an infant and him experiencing physical and sexual abuse. The psychiatrist also said Stewart was processing the loss of his murdered uncle who raised him until he was 15 years old.
The psychiatrist said the trauma Stewart experienced in his childhood could have led to his mental health issues, which resulted in him being depressed and having emotional and physical problems.
This trauma caused him to act out; however, he could display empathy, said the psychiatrist.
Based on information in Stewart’s court medical records, he could have displayed narcissistic traits, said the psychiatrist. However, Stewart did not come across as narcissistic, but he did appear to be stressed and irritable.
The psychiatrist testified that during their clinical interview, Stewart said he had made four suicidal attempts and had suicidal thoughts.
The prosecutor then argued that those thoughts could have driven the defendant to kill his wife.
The defendant never gave a clear explanation for the shooting, said the psychiatrist. The prosecutor questioned if the psychiatrist challenged the defendant’s story to which he responded that he asked questions to understand the story but did not challenge it with the evidence.
Following the psychiatrist’s testimony, the defendant read a personal letter, addressing the court and the victim’s family. In the letter, the defendant apologized to his family, in-laws and the pastor for the pain he has caused with his actions.
“I take responsibility for the crime I committed,” said the defendant. “My mental health doesn’t excuse my actions.”
The defendant said he wants to be a better father, adding that he put himself through school.
The defendant asked for a second chance to be back in society, saying that he is on the right track to doing better.
Later in the day the mother of the victim gave her impact statement saying “Reflecting back on that time, can you imagine your mom being dragged down the stairs? … He left her at the bottom of the stairs to die, she left five kids behind.”
The victim’s step-father also read a letter written by the victim’s 14-year-old daughter who was not present in the court.
“I’m now 14 and chose not to be here, but I did not want my presence to be unknown,” the daughter said. “I don’t remember much from that night, but I know that my father killed my mother. At was just one years old, I lost everything a girl dreams of – someone you can cherish things with. I don’t remember her touch or voice, but my family reminds me of the good and bad memories. I also lost a father who is supposed to show me how a man is supposed to love a woman. Despite the devastating loss, I am grateful for my family.”
After listening to the counsel, impact statements, the defendant’s statement, as well as testimony from the psychiatrist, Judge Vittoria denied the motion to modify.