Trial Commences in East Patapsco Avenue Non-Fatal Shooting

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On April 9, Baltimore City Circuit Court Judge Melissa M. Phinn presided over opening statements in the trial of two co-defendants accused of assault in connection to a July 2023 non-fatal shooting.

Trey Allen and Tyree Boone, 33, are charged with attempted first- and second-degree murder, first- and second-degree assault, reckless endangerment, reckless endangerment, having a handgun on their persons, having a handgun in a vehicle, firearm use in a felony violent crime, having a gun within 100 yards of the public, firearm possession with a felony conviction, illegal possession of a regulated firearm, illegal possession of ammunition, firing a gun in Baltimore City, conspiracy to commit first-degree murder, conspiracy to commit first- and second-degree assault, conspiracy to commit first- and second-degree assault, conspiracy to have a handgun on their persons, having a handgun in a vehicle on a public road and conspiracy to use a firearm in a felony violent crime. 

Boone is additionally charged with firearm/drug trafficking and possession of a controlled dangerous substance with intent to manufacture or distribute and conspiracy to possess a controlled dangerous substance with intent to manufacture or distribute. 

The prosecutor said two surveillance camera angles captured Boone and Allen standing outside of a white Tesla and arguing with people across the street of the 900 block of East Patapsco Avenue. She claimed the co-defendants fired first, but admitted the other group returned fire.

Boone and Allen fled the scene in the Tesla, she alleged, leading to pursuit by Baltimore Police Department (BPD) helicopters. Eventually, Boone crashed the Tesla into another vehicle. Police say they recovered cocaine from Boone upon his arrest and found a Glock handgun in the Tesla. 

Boone’s attorney Michael Tomko told jurors the prosecution had video evidence but no eyewitnesses to the crime. Careful to not refer to the suspects as Boone and Allen themselves, Tomko suggested to the panel the surveillance footage will show people in the other group shot first and that the suspects were only reacting. 

“You will leave this courtroom with more questions than answers,” he concluded.

Roya Hanna, representing Allen, said the surveillance footage was too low-quality and grainy to identify the suspects as the defendants. No victim testimony, DNA or fingerprints will connect her client to the crime, she argued. 

No one was harmed in the incident on July 26, 2023, and investigators have never identified any victims. 

The trial is expected to conclude on Friday. 

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