Missing Witness Delays Trial of Non-Fatal Shooter

By Sarah Mullen [former] - February 17, 2024
Attempted Murder | Court | Daily Stories | Non-Fatal Shooting | Suspects | Victims |

Attempted murder defendant Antonio Fitzhugh appeared in court on Feb. 16 with his attorney, Martin Cohen, ready to proceed to trial the day after it was originally scheduled.

The hold-up occurred because the prosecution’s only witness failed to appear in court on Feb. 15 in response to a bench warrant issued by Baltimore City Circuit Court Judge John A. Howard. Although the witness was taken into custody around 8:30 a.m. on Feb. 16, Cohen’s schedule did not permit him to proceed with the trial.

The 63-year-old defendant was charged with attempted first- and second-degree murder, first- and second-degree assault, firearm use in a felony violent crime, two counts of reckless endangerment, having loaded handgun on his person, having a handgun in a vehicle and firing a gun in Baltimore City. 

However, the prosecutor said that as of Feb. 15, all charges have been dismissed except for first- and second-degree assault and firing a gun in Baltimore City.

According to previous coverage from June 27, 2023, the victim and the uncooperative witness were seeking shelter from the rain on the porch of a vacant home on the 800 block of West Lanvale Street.

Fitzhugh appeared from a neighboring house, yelling at the pair to vacate his property. The victim and witness claimed that they left immediately, but Fitzhugh claims that the victim “lunged at him with a knife” during an argument. The defendant, who carries a gun permit,  alleges that he shot the victim in self-defense. The witness identified Fitzhugh as the suspect in a double-blind photo array. 

Judge Howard sent the case to reception court, where Judge Melissa K. Copeland granted Fitzhugh a new trial on March 19. Judge Jeffrey M. Geller is scheduled to preside over the proceedings, which are expected to last two days.