Prosecution Says Video Evidence Shows Attempt to Kill

By Jeff Levine - November 4, 2024
Daily Stories | Non-Fatal Shooting | Suspects |

The prosecution says video surveillance taken from several angles of a darkened street is evidence of an attempt to shoot and kill four victims. 

Sean Cherry, 21, is charged with 29 counts, including attempted first-degree murder, attempted second-degree murder, first-degree assault, reckless endangerment, firearm use in a felony violent crime, firearm possession with a felony conviction among other offenses. 

The non-fatal shooting took place on Sept. 16, 2023, near the 2600 block of West Cold Spring Lane. 

On Nov. 1, day one of the trial before Baltimore City Circuit Judge Alan C. Lazerow, parties argued before the proceeding about the admissibility of a video in which a person describes the aftermath of the shooting.

“She was hyperventilating, she was writing in pain,” said Judge Lazerow who ruled the statement is a “textbook case of an excited utterance.”  Thus, allowed, even though in other circumstances the remark might be considered inadmissible hearsay. 

The prosecutor opened her case saying police testimony combined with video evidence would prove that Cherry was the shooter.  

Defense attorney, Christopher O’Meara, acknowledged there was a shooting.  “What’s in doubt is who pulled the trigger,” he said.  O’Meara noted no firearms were recovered, nor any distinctive clothing identified as corroborating evidence. 

“Just because the state says Mr. Cherry did it, doesn’t mean he did it,” said O’Meara. 

The prosecution’s first witness, a Baltimore Police Department (BPD) homicide inspector, said that when he arrived, it was, “a little bit of a chaotic scene.”

The detective displayed an overview map of the area which is heavily surveilled by security cameras.  He then proceeded to play several clips of the scene. 

As the video sweeps back and forth two individuals are seen walking from different angles, ultimately meeting up with four other individuals under a street light.  Moments later, the group of four flees. 

O’Meara pointed out that Cherry was only identified three months later as the alleged shooter.