Parties Argue Whether the Noise Was a Gunshot or a Firecracker

By Sophia Amoroso - March 14, 2024
Court | Daily Stories | Non-Fatal Shooting |

Counsel presented their closing arguments in the case against 37-year-old Marcel Holt on March 13, before Baltimore City Circuit Judge Dana M. Middleton.

Holt is facing charges for firearm possession with a felony conviction, illegal possession of a regulated firearm, having a handgun on his person, having a loaded handgun on his person, having a gun near a public building, illegal possession of ammunition and firing and discharging a gun in Baltimore City. 

According to the prosecution, on the night of Aug. 28, 2023, the sound of gunfire was picked up by the Baltimore Police Department’s (BPD) ShotSpotter gun detection service. The system, which can detect, locate and alert police of potential gunfire, led officers to the home of the defendant on the 700 block of North Collington Avenue. He claimed the sound was made by a firecracker.

The prosecution played footage from the officers’ body-worn cameras (BWC), arguing that the defendant acted extremely nervous and suspicious. Upon arriving at the scene, officers saw Holt go into his house with a backpack and return shortly after without it. This raised officers’ suspicion, prompting them initially to search the backpack and eventually to obtain a warrant for the entire house. The search allegedly resulted in the discovery of a 9mm handgun, which matched a shell casing found outside the home.

Holt’s defense attorney, Jeremy Eldridge, challenged the accuracy of the ShotSpotter in distinguishing the sound of gunfire. He also accused the detectives of failing to properly collect evidence, saying officers did not do their due diligence in collecting all possible evidence such as fingerprints, DNA, witness statements and video surveillance. 

The defense further claimed that officers had no reason to suspect Holt was lying about the firecracker and were exaggerating about suspicious behaviors to make him appear guilty, stating one officer testified the defendant sprinted into his home, while BWC footage showed him walking. 

The jury began deliberations Wednesday.