Victim’s Family Voices Anger While Defense Counsel Argues for Lower Sentence

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On Oct. 5, a convicted homicide defendant was sentenced to a total of 123 years in prison before Baltimore City Circuit Court Judge Jennifer B. Schiffer.

Damien Mickens, 19, was convicted on June 14, of two counts of first-degree murder, second-degree murder, use of a firearm during a felony violent crime, and possession of a firearm as a minor in connection to an incident that occurred on the on April 10, 2020, on the 100 block of E. Patapsco Avenue.

According to the State’s Attorney Office, at 4:09 p.m. on E. Patapsco Avenue, Kendrick Brown and William Barrett were standing at a bus stop when four men including Mickens approached them.

The men engaged in conversation and, what appeared to be, a hand-to-hand transaction.

When one of the men pulled out a gun and began shooting, Brown fell to the ground sustaining multiple gunshots. Quickly after the other three men pulled out their weapons as well.

The second victim, Barrett ran away but was followed by Mickens and Johnson, who shot him until he was down. Both men succumbed to their injuries.

Judge Schiffer sentence the defendant to life suspending all but 60 years with five years supervised probation for two counts of first-degree murder; a consecutive 40 years for second-degree murder; a concurrent 20 years with the first five years without the possiblity of parole for use of a firearm during a felony violent crime; a concurrent three years for possession of a firearm as a minor.

The prosecutor argued that on the day of the incident there was heavy traffic. She also said the defendant was 17 at the time of the incident. He was an adult who made adult decisions, she said.

“He fired 11 shots at someone, no one forced him to pull the trigger,” said the prosecutor, explaining that this was not an impulsive decision.

The prosecutor suggested that Mickens be sentenced to life suspending all but 20 years with five years supervised probation for first-degree murder; life for a second count of first-degree murder; a concurrent 15 years with the first 5 years without the possibility of parole for use of a firearm during a felony violent crime and 3 years for possession of a firearm as a minor.

Mickens’ defense counsel, Brian Levy, argued that his client’s age at the time of the incident was not relevant. However, he said he believes the defendant should get a sentence that reflects his age.

Levy also noted that the defendant was a teenager who was physically abused by his mother’s boyfriend. He also said the defendant was once shot at 12-years-old and was raised by a single mother who did drugs and drank alcohol.

The victim’s family members’ anger was heard in the courtroom while Levy was arguing for a lower sentence on his client’s behalf.

“I miss my baby very much,” Kendrick’s grandmother said during her impact statement. “Two families are going through something that could have been avoided.”

“It’s like no one has any remorse nowadays.” she continued.

Barrett’s grandmother told the court “I don’t appreciate my grandkids being killed. He had no business killing them. I hope he (Mickens) never has any kids and stays in jail.”