Manslaughter Defendant Gets Retrial in 2017 Waverly Tavern Shooting

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The Baltimore City State’s Attorney’s Office shared its intentions to retry the case of 33-year-old Bryan Hannah on Aug. 12 after the defendant was granted an appeal for his voluntary manslaughter conviction last year.

Hannah was previously found guilty of voluntary manslaughter and two firearms charges in September 2018 in connection to the fatal, drug-related shooting of Daniel Mullhausen, which occurred the day after Christmas in 2017.

He was later sentenced to 15 years, suspending all but five, for firearm use in a felony violent crime; a consecutive 15 years, suspending all but 10, for firearm possession with a felony conviction; and a consecutive 10 years for voluntary manslaughter.

According to an opinion by the Court of Special Appeals of Maryland, video evidence placed Hannah at the Waverly Tavern on the 500 block E. 25th Street on the day of the incident and showed the defendant punching Mullhausen, who was sitting in the driver’s seat of a silver Suzuki SUV, followed by nine gunshots. Detectives with the Baltimore Police Department were called to the scene and found Mullhausen with three gunshot wounds to his back.

Sixteen clear plastic jugs of cocaine were also found inside the SUV.

Earlier footage showed Mullhausen pull up in the SUV in front of the tavern. Hannah approached the vehicle and stood at the driver’s side door. Three other men then approached the vehicle alongside Hannah and shots were fired as Mullhausen attempted to drive away.

During Friday’s proceedings, defense attorney Robert Ness informed Baltimore City Circuit Court Judge Gregory Sampson that the defendant’s voluntary manslaughter and firearm possession with felony conviction charges were remanded, and the state’s attorney’s office will retry the case on those charges.

Hannah, whose original sentence spanned 25 years, still maintained his valid sentence of five years for firearm use in a felony violent crime.

Judge Sampson asked the prosecution to contact the chambers of Judge Melissa Phinn to scheduled a new trial date.

Ness also questioned his client’s bail status; however, Judge Sampson said Hannah would remain held without bail given his aforementioned sentence.

As Hannah exited the courtroom, he turned to his family members in the gallery and said, “I love you. Stop crying.”

The Court of Special Appeals of Maryland states that two of Hannah’s charges were remanded after defense counsel argued “inappropriate communication” between a juror and courtroom clerk as well as the court’s refusal to instruct the jury on the involuntary manslaughter charge.

One of defense counsel’s arguments involved a discussion between a juror and courtroom clerk about a scheduling matter. The court ruled that this communication, which occurred during deliberations, “may have impacted” the deliberations process.

The court also cited that the clerk did not inform the court of this communication and, therefore, the defense wasn’t notified—a violation of a Maryland law that states a defendant has the right to be present at every stage of the trial.

Another argument included the court saying “there are no circumstances where the facts conclude that this was an involuntary situation,” regarding the jury instruction on involuntary manslaughter, to which defense counsel objected.