Acquitted: New Evidence ‘Completely Exonerates’ Man Jailed for Over a Year, Attorney Says

By Connor Driscoll [former] - July 19, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

Editor’s note: Marvin Henry was acquitted of charges in this case. 

A Baltimore resident, who has been in jail for over a year in connection to an attempted murder, may soon be released on bail. During a hearing at the Baltimore City Circuit Court on July 19, his defense attorney claimed that video evidence exonerates the defendant.

Marvin Henry, 34, is charged with five counts of first and second-degree attempted murder, first and second-degree assault, and reckless endangerment. Additionally, Henry faces five other gun-related charges.

Following the incident on May 15, 2020, one of the victims, who was shot from behind, identified Henry as the shooter. Henry was arrested by police in Edenton, N.C., for firearm possession by a felon and unauthorized use of a motor vehicle, according to the Chowan Herald. He was then extradited to Maryland after police in North Carolina learned of the warrant connected to the shooting in Baltimore.

During Monday’s proceedings, Henry’s defense attorney, Michael Munafo, asked the court to release Henry on home confinement. Munafo said he had shared recently uncovered video evidence with the court and the prosecution that allegedly shows his client two blocks away from the location where the shooting occurred at the time of the incident.

Munafo also accused the Baltimore Police Department of failing to fully investigate the shooting, arguing that it never investigated a car that may have been involved.

The prosecution argued that the victim’s identification of Henry was sufficient evidence to keep him in jail. At the time of the incident, Henry was out on parole for an attempted murder conviction in 2007.

Henry and three other men are accused of severely beating someone in a Southwest Baltimore alleyway on Sept. 18, 2006. Nearly four years later, the victim, 65-year-old Joseph Curtis, died of complications related to his injuries on May 28, 2011, according to the Baltimore Sun.

Judge Cynthia H. Jones said she would review the evidence by July 20 before making a decision. Henry is scheduled to be arraigned on Oct. 13.

The case of Baltimore resident Davon Douglass is scheduled for arraignment on Aug. 6.

Douglass is charged with first-degree murder, conspiracy to commit first-degree murder, handgun use in a violent crime, and illegal possession of a firearm.

The charges stem from a 2019 homicide in O’Donnell Heights. Baltimore Witness reported that Douglass, 26, was arrested on June 11 for the murder of 30-year-old Kris McCoy on Oct. 27, 2019.

During Monday’s hearing, one of Douglass’ defense attorneys, Todd Oppenheim, questioned the foundation of the prosecution’s case against his client. He said the only evidence currently holding him is anonymous eyewitness testimony; however, the police report does not mention an eyewitness, according to Oppenheim.

The prosecution told the court that the witness identified Douglass and saw him “pull the trigger.”

Judge Jones denied him pretrial release on the condition of bail based on the evidence, as well as Douglass’ seven prior convictions.

Douglass is also represented by Benjamin Charlton, who was not present on Monday.

The case of another homicide defendant was also heard during the proceedings. Baltimore resident Brandon Gross is charged with vehicular manslaughter, criminally negligent manslaughter, and illegal racing of a vehicle.

Judge Jones did not decide whether to release Gross, 34, on bail as the court is waiting for him to retain private counsel.

According to the Office of the State’s Attorney for Baltimore City, Gross is facing charges in connection to the death of 30 year-old Keyona Thomas. The death was the result of a car race on Aug. 10, 2020.

Around 1:30 a.m., police were called to the 5200 block of Wabash Avenue, where they found a three-car collision. One car had mounted the median, struck a tree, and then burst into flames. The other two cars had hit two poles after striking a curb. Scott was left in critical condition after the collision and the victim was a passenger in his car, according to the Baltimore Sun.

The other two drivers, Russel Edwards and Brian Scott, also face charges.

Gross’ next bail hearing was postponed to July 23, and his arraignment is scheduled for Aug. 8.

The case of a non-fatal shooting defendant heard on Monday is also scheduled for arraignment.

Baltimore resident Franklin Randall is charged with attempted first and second-degree murder, first and second-degree assault, and reckless endangerment. He is also charged with six firearm-related offenses.

Randall, 40, was allegedly involved in the non-fatal shooting of a 38-year-old man in Northwest Baltimore. According to CBS Baltimore, the victim sought treatment at a local hospital after being shot on the 5400 block of Reisterstown Road.

Franklin, who was not present during the proceedings, is represented by defense attorney Michael Tomko. Judge Jones denied Franklin’s bail, noting the seriousness of the charges.

Franklin’s next hearing is scheduled for Nov. 11.

Judge Jones also rejected pretrial release in the case of another non-fatal shooting defendant.

Baltimore resident Keith Betts is charged with attempted first and second-degree murder, first and second-degree assault, reckless endangerment, and six gun-related offenses.

Prosecutors alleged that Betts, 33, shot a 32-year-old man in the upper back on April 22. The shooting occurred in the daytime at the Pizza Boli’s on 5422 York Road, and police found the victim at a nearby Wendy’s.

Two sanitation workers were shot, one fatally, in the same location several hours after the Pizza Boli’s shooting, according to CBS Baltimore.

Betts’ defense attorney, Tony Garcia, argued that his client, then a sanitation worker, was working during the time of the shooting. Garcia said that video evidence showed the shooter was not wearing the Baltimore City Department of Public Works’ green uniform.

The prosecution said Betts was identified by a friend “who knew him very well” and that Betts’ assigned garbage truck was visible in the video.

Betts’ case is scheduled for arraignment on July 27.