Baltimore City Circuit Court Judge Melissa M. Phinn ruled on April 25 that homicide defendant Donnell Johnson, 33, be held without bail after his trial was postponed for the fourth time in March.
There have already been two mistrials in the case because the juries failed to reach a verdict.
Johnson is charged with first-degree murder, firearm use in a violent crime, and having a handgun both on his person and in his vehicle in relation to the Sept. 10, 2020 shooting of 27-year-old Kenneth Bivens on the 1000 block of Beaumont Avenue. Bivens died two days after the incident from a gunshot wound to the back of his skull.
According to a spokesperson from the Baltimore State’s attorney’s office, Johnson has a 2011 conviction for wearing, carrying and transporting a handgun–other charges were not prosecuted. A source of the current delay is that a key eyewitness has reportedly made herself unavailable, avoiding multiple appearance orders while maintaining contact with Johnson through jail calls.
Defense attorney Natalie A. Finegar, who previously complained about repeated delays for her client, recommended he be released to home detention. She argued Johnson has a stable home address and astrong work record. She emphasized her right to continue the proceedings regardless of witness availability.
Judge Phinn ultimately sided with the state and ruled that Johnson be held without bail. No further dates were set.
