On Dec. 12, opposing counsel opened their arguments in a homicide trial before Baltimore City Circuit Court Judge Lawrence Daniels.
Antonio Bardney, 24, is charged with first-degree murder and robbery regarding the Aug. 23, 2022 death of 60-year-old Victorino Malabayabas. Malabayabas was assaulted and robbed on the 600 block of South Kenwood Avenue.
The prosecution opened by telling the jury that everyone has a right to come home peacefully.
On the day of the incident, Bardney drove by Malabayabas’ house and asked him for a minor favor and the victim complied. Bardney, in response, allegedly threw Malabayabas to the ground. The fall was so loud it echoed in the neighborhood, said the prosecution. After the incident, Malabayabas was initially conscious but ultimately succumbed to his injuries.
Bardney allegedly took Malabayabas’ wallet during the crime, which police say, was found to have traces of DNA that closely matched Bardney’s
Defense attorney Christopher O’Meara opened by asking the jury to consider additional evidence that Bardney might not be the perpetrator.
O’Meara told the jury that police initially arrested and released a man who matched Bardney’s description. Later, the police recovered a vehicle they thought to be of interest but it did not contain Bardney’s belongings, said O’Meara.
“You get to decide the pieces of evidence,” O’Meara said. “At the end of this trial, you will find Bardney not guilty.”
Malabayabas’s family was present during the opening statements.
The trial is scheduled to continue on Dec. 13.
