Motion to Dismiss Photo Array ‘Pushed’ in Non-Fatal Shooting Case

By Andrew Michaels - October 5, 2021
Court | Daily Stories | Non-Fatal Shooting | Shooting | Suspects | Victims |

A motion to suppress two photo arrays in the case of a 40-year-old non-fatal shooting defendant was delayed Oct. 5 after counsel agreed that not all necessary witnesses were present to proceed.

The Baltimore resident is charged with first and second-degree assault, firearm use in a violent crime, use of a deadly weapon with the intent to injure, having a handgun on his person, having a loaded handgun on his person, and discharging a handgun in Baltimore City in connection to an incident on Dec. 5, 2019.

On Tuesday, the prosecutor informed Baltimore City Circuit Court Judge Erik S. Atas that he was newly assigned to the case and was unaware that the day’s hearing was regarding a photo array motion to suppress the identification of the defendant.

Defense attorney Donald Wright told the court that the motion was filed on Oct. 1 to discuss the dismissal of two photo arrays involving his client, in which a witness identified the defendant in one of the photo arrays.

Both the prosecution and defense discussed using the testimony of several witnesses in the motions hearing, including the primary detective, the male victim, and two administrative detectives that performed the photo array.

However, no witnesses were present during the proceedings.

The prosecutor motioned to dismiss the defense’s motion, adding that there was “no factual basis,” which Judge Atas denied.

Judge Atas said the motion to suppress the photo arrays will not be withdrawn but “pushed,” as the defendant’s case is scheduled for reception court tomorrow, Oct. 6.

Counsel said they hope to schedule a new motions hearing during reception court as well as discuss a potential plea that is under negotiation.