Counsel delivered opening arguments as trial began on Oct. 15 for an elderly Baltimore man accused of killing a fellow resident and injuring another at the Pleasant View Gardens senior homes in February.
Norman Waker, 66, is charged with first-degree murder, attempted murder, assault, felony firearm use, and having a handgun on his person for fatally shooting Clyde Barnes, 79, and shooting another resident in the neck. The latter victim, who was 72 at the time of the incident, was listed in critical condition but survived.
Jurors, family members, and court staff watched as defense attorney Matthew Connell wheeled Waker onto the courtroom floor before Baltimore City Circuit Court Judge Jeffrey M. Geller.
Connell described his client as “in poor health” and noted Waker is an amputee who “can’t stand on his other leg that well.” Waker’s remaining leg is constantly swollen, Connell said, and may also require amputation in the future. He is also currently taking prescription medication for chronic pain.
Barnes, a resident of the complex’s second floor, was shot and killed following an altercation over money Waker supposedly owed Barnes.
Connell framed Waker’s actions as self-defense and stressed to jurors that the gun that killed Barnes was his own. Investigators later recovered a gun from Waker’s room, but found that it was .40-caliber and did not match the casings found at the scene of Barnes’ death. Barnes was the one who brought the firearm to the crime scene, Connell argued.
“Mr. Clyde Barnes was shot by Mr. Clyde Barnes’ own gun,” Connell exclaimed.
By this reasoning, he argued Waker should consequently be acquitted of the handgun charge. He called Waker’s first-degree murder charge excessive, noting the offense requires a motive. Waker, he said, lacked the time to premeditate Barnes’ death given the rapid escalation of the altercation into a shooting.
“It was an impulsive, spontaneous thing that happened in the heat of self-defense,” Connell said.
Waker was arrested the same day, following a sweep of the complex by tactical officers.
The altercation allegedly began after Barnes repeatedly harassed Waker for money he believed he was owed.
Barnes was known for reselling packs of Newport cigarettes to residents in the complex at rates of $10 per pack — cheaper than most corner stores or smoke shops. Residents who wanted cigarettes from Barnes but lacked the money to purchase a pack from him were given a pack, but told they owed Barnes double the amount when they acquired the funds to reimburse him.
Connell noted most residents of Pleasant View Gardens, which hugs East Fayette Avenue and North Central Avenue, are low income senior citizens. Waker himself was receiving $900 monthly from Social Security at the time, and Barnes wanted what he believed he was owed.
“This never would have happened if he had two legs,” Connell said about Waker’s limited mobility. “He was vulnerable.”
Waker is set to testify the following day, on Oct. 16. Jurors can also expect to hear from the surviving victim of the shooting, who reportedly witnessed Waker near Barnes’ body after the latter was shot. Waker allegedly told the unnamed victim that Barnes was on the floor because suffered a heart attack.
The prosecution painted a different picture than Connell’s, urging jurors to direct their focus toward critical forensic, video, and physical evidence — the latter of which will be shown to jurors at the trial’s end.
They also announced plans to introduce video footage that shows Waker checking on the complex’s security desk before he goes to meet Barnes, seemingly checking to make sure the area is clear of potential witnesses.
“What it all leads us to is the conclusion that Mr. Norman Waker is guilty of shooting and killing Mr. Clyde Barnes,” the prosecution concluded.
Trial is expected to continue Oct. 16 before Judge Geller.
