During opening statements in a homicide retrial, the prosecution told jurors their case would show drug activity led to the shooting, while the defense questioned the strength of the prosecution’s case, saying it “only has circumstantial evidence.
Sanders is charged with a March 29, 2020, shooting that left Kimberly McCubbin, 30, dead and another victim injured on the 500 block of North Curley Street. The case stems from a robbery investigators said was planned over Percocets. Court filings indicate Sanders and co-defendant Deangelo Rogers, 34, communicated 19 times following the incident.
The retrial for Jermaine Sanders, 34, began with jury selection on Oct. 20 before Baltimore City Circuit Court Judge LaZette Ringgold-Kirksey.
The prosecution told jurors there was “no way to sugarcoat it” — those involved in the incident were engaged in drug activity at the time. The male victim was struck by a bullet and instructed a female companion to drive away after knocking the attacker’s hat off during the struggle. The woman attempted to flee but was also shot.
The prosecution told jurors that multiple pieces of evidence link Sanders to the shooting, including a fingerprint found at the scene, a hat containing his DNA and hair, and a cell phone that took years to unlock but was recently accessed by a digital forensic examiner.
Defense attorney Martin Cohen questioned the strength of the state’s case, asking, “Who done it?” He argued that while Sanders may have been in the vehicle at some point, that does not prove he was the shooter.
Cohen reminded jurors that no one identified his client, and other fingerprints in the vehicle were never investigated.
“No DNA belonging to my client was found on the victim,” he said. “The state only has circumstantial evidence — a lot of holes and what-ifs. As my friend says, if someone says, ‘they must have,’ that means they don’t know.”
Sanders was previously found guilty of conspiracy to commit armed robbery during his first trial but Baltimore City Circuit Court Judge Lawrence R. Daniels ordered a retrial on Feb. 19 after newly received evidence and outstanding transcripts were introduced by his new defense counsel.
Another jury initially found Sanders guilty of conspiracy to commit armed robbery on Jan. 22 and acquitted him of eight charges, including first-degree murder and assault, armed robbery, firearm possession and use in a felony or violent crime, and having a loaded gun on his person and in his vehicle.
Trial proceedings are scheduled to continue later this week.
