Trial Begins For Homicide Defendant Accused of Murder

By Baltimore Witness Staff - April 5, 2022
Attempted Murder | Court | Daily Stories | Homicides | Shooting | Victims |

Defense counsel for a defendant accused of fatally shooting 30-year old Gary Wilson nearly one year ago argued that the prosecution does not have sufficient evidence that links the defendant to the crime during an ongoing jury trial on April 5 before Baltimore City Circuit Court Judge Jeannie J. Hong.

Andre Preston, 50, is charged with first-degree murder, use of a firearm during a violent crime, and possession of a firearm with a felony conviction in connection to the shooting on May 12, 2021.

According to the prosecution, Wilson walked by a group of people wearing a red sweatshirt around 1:30 p.m. on the 3000 block of Normount Court when he was pushed by a tall male causing him to stumble and eventually fall down. Wilson is then approached by another male victim who begins to fire multiple gunshots.

“The defendant was interviewed by detectives and identified himself in the video, which was the same person identified as the shooter,” the prosecutor told the jury, during opening statements on Tuesday, “In this case, you will see video and picture evidence that this defendant is guilty of murder beyond a reasonable doubt.”

Preston’s defense attorney, John Cox, informed the jury that no fingerprints, DNA, or eyewitnesses were found at the scene. Instead, he said, the prosecution’s case relies on grainy video evidence and assumptions. “You twelve are the judges that will find my defendant not guilty,” he said.  

A medical examiner, the first to testify, said the cause of death was multiple gunshot wounds and that this was a homicide case.

During cross-examination, Cox argued that the cause of death and the opinion of the manner does not go into account if the murder was premeditated or self-defense. 

A  police officer was next to testify on Tuesday and said he arrived on the scene where he observed an African American male suffering from multiple gunshot wounds.

The police officer’s body camera was shown to the jury, which showed the officer arriving at the scene and him approaching the witness suffering from gunshot wounds.

An FBI agent was next to testify about the camera footage that caught the incident on video. He mentions the camera records what is in front of it 24/7, but unfortunately does not have any audio. 

The prosecution showed the jury two clips from the camera, which show a group of people crowded by the staircases outside. The next clip, shows the victim walking by this group of people and eventually getting pushed and shot to death.

During cross-examination, Cox argued that the video evidence had been tampered with by the state because the original video was nineteen minutes, however, the jury is only being shown three minute clips.  Furthermore, Cox argued the witness can’t testify that the time is accurate in the video because he did not go back and look if the time was exact.

A crime lab technician was next to testify, and he said he found cartridge casings, suspected blood, and a plastic bottle at the scene. 

During cross-examination, Cox confirmed with the crime lab technician that the analysis of latent prints was not processed, and the DNA swab conducted on the plastic bottle found at the scene was not under the technician’s analysis.

A homicide detective said he arrived at the scene and was told by the primary officer that there was a victim suffering from multiple gunshot wounds.

The detective mentioned that once the police department got the camera footage from the FBI, they tried to identify other people in the video but weren’t successful; however, the department was able to identify the defendant. 

The prosecution showed the jury the recording of the interview the detective had with the defendant.  In the video, the detective showed the defendant photos that were captured from the FBI camera and asked if the defendant knew any of the individuals in the picture. The defendant identified two people, a taller male and a shorter male, who was wearing a blue mask and a black jacket with black pants, as himself.

Although the defendant identifies himself in the photograph, he said he only heard gunshots because he was near the incident. The defendant also mentions in the video that he had no reason to kill the victim because there was no drama between them.

During cross-examination, Cox repeatedly argues that there are approximately fifteen minutes of the video missing suggesting that the evidence was altered. 

After careful consideration, court ended early due to a discovery violation. 

The defendant’s trial will resume on April 6.