Attorneys delivered opening statements in the trial of Dajuan Heath, 24, before Baltimore City Circuit Court Judge Kendra Y. Ausby on April 22.
Heath is charged with first-degree murder, firearm use, armed robbery, multiple counts of conspiracy, and related gun offenses in the murder of Briane Gaye, 38. Gaye was fatally shot shortly before 2 a.m. on Aug. 9, 2025, in a McDonald’s parking lot on the 2500 block of W. Franklin Street.
Gaye and his assailants had been riding scooters, and Gaye had allegedly been picking up a food delivery order. The shooting reportedly followed an altercation between Gaye, Heath, and Heath’s 18-year-old co-defendant, Tristin Cofield.
Detectives found Gaye deceased outside the McDonald’s with five gunshot wounds. Heath claimed he was with multiple other individuals that night. Area and private surveillance cameras traced the individuals before and after the murder, riding scooters to and from the scene.
During opening arguments, the state’s attorney told jurors Heath’s mother had identified her son when presented with an image from the camera footage.
“There is a lot of video footage to watch that shows you he is guilty,” said the prosecutor.
Defense attorney Derrick G. Hamlin claimed the state was attempting to charge Heath based on the crimes committed by the people he was with. He argued other members of the group committed the crime.
“All you hear during the state’s opening is, ‘They, they they,’” Hamlin said. “Lumping all the defendants together.”
Hamlin highlighted footage that showed two men dressed in black and riding bikes while committing the robbery. A third biker was seen turning into the parking lot, wearing casual clothing and appearing to yell. Though the footage had no audio, Hamlin said the third person’s demeanor suggested he wanted no part of the robbery. The third person, presumably Heath, was then seen leaving the scene in one direction. The robbers went another direction.
Hamlin claimed no evidence was found on Heath’s phone and argued the defendant did not have the other bikers’ contact information or social media profiles.
“I’m sorry, this is a waste of taxpayers dollars. This is your classic ‘guilt by association,’” Hamlin said. “They know who did it. He never touches or gets near the victim. You [will] find he is not guilty.”
The trial is set to continue April 23 with witness testimonies.
