Man Shot Stepbrother to Protect His Mother, Defense Counsel Argues

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Baltimore resident Kilo Byrd was attempting to protect his mother when he shot his stepbrother, defense attorney Andrew Saller said at the start of his client’s jury trial on Dec. 4.

The 46-year-old is standing trial for first and second-degree attempted murder charges before Baltimore City Circuit Court Judge Althea M. Handy. Byrd is also charged with first-degree assault, firearm use in a felony or violent crime, having a loaded handgun on his person and discharging a firearm.

According to Saller, Byrd lived with his mother on the 2700 block of Baker Street, where Baltimore Police Department (BPD) officers were called after a reported shooting around 11:20 p.m. on May 30. However, Byrd’s mother initially made two 911 calls at 5:25 p.m. and, again, at 5:50 p.m. to report an ongoing dispute between Byrd and her stepson.

During his opening statement on Monday, Saller said Byrd’s stepbrother, the victim, assaulted the defendant in the early evening at the family’s home, where Byrd lived with his mother. The victim had not lived at the home for a long time, defense counsel said, given his issues with substance abuse.

“[The victim’s] own mother did not want him there because of those issues,” Saller said.

It was then the victim got into an argument with Byrd’s mother. When Byrd broke up the argument, the defendant and victim got into a fistfight.

When police responded to the home, they told the victim to leave and not return.

However, the victim returned later that night and tried to break in through the front door, Saller explained. In an attempt to protect his mother, Byrd “fires a warning shot.”

Earlier in the proceedings, the prosecution informed the jury that the victim was clearly shot twice at the time of the incident, suffering two gunshot wounds to his left leg.

“We know this because the defendant admits to shooting [the victim] twice in the leg,” she said. “…Unfortunately, family disputes rise to the level of assault and attempted murder because the defendant admits to shooting [the victim].”

The prosecutor also questioned why Byrd shot the victim as Byrd subdued the victim earlier that day without the use of a handgun. The victim was also shot outside on a public street.

“You are not actively trying to break in on a public street,” she concluded.

The trial proceeded with its first witness and is expected to continue on Dec. 5.