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By
Andrew Michaels
, Cynthia Eapen [former] - August 23, 2021
Court
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Daily Stories
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Homicides
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Non-Fatal Shooting
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Shooting
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The girlfriend of a 39-year-old man, who was shot and killed over two years ago, testified on Aug. 23 during a motions hearing at Baltimore City Circuit Court.
Lorenzo Thomas, 45, allegedly shot and killed Lee Tyree on the 3900 block of Penhurst Avenue on March 27, 2019. Thomas is charged with first-degree murder, conspiring to first-degree murder, firearm use in a violent crime, illegal possession of a firearm, and having a handgun on his person.
Thomas, who currently resides in Shreveport, La., was living in an abandoned home on the 5200 block of Linden Heights Avenue at the time of the shooting.
On Monday, defense attorney Paul Batchelor submitted motions on behalf of his client, including motions to suppress the identification of the defendant by Lee’s girlfriend and another individual as well as a motion to suppress a statement.
The prosecution submitted motions to present the jury with information regarding a separate shooting the night before Lee’s murder, amend the indictment, and preclude the examination of a law enforcement agent.
Judge M. Brooke Murdock presided.
Batchelor’s motion to suppress Lee’s girlfriend’s identification of the defendant began when he called her to the stand.
According to Lee’s girlfriend’s testimony, she spoke briefly with police at the crime scene and then agreed to go to the police station, where she provided detectives with a description of the shooter.
She said no pictures of any suspects were shown to her during her first interview with police.
Following the interview, detectives took Lee’s girlfriend to the victim’s mother’s house, where the mother allegedly told her son’s girlfriend, “You know what happened. Tell the truth.” The girlfriend then agreed to go to the police station once again, where she identified Thomas in a photo array.
She also gave detective’s the defendant’s name and the name of another individual who she said was present but not involved in the shooting.
The prosecution reiterated to the judge that Lee’s girlfriend was “not forced to do anything” and, instead, cooperated with police and wanted to provide information regarding her boyfriend’s alleged murder.
After hearing counsels’ arguments, Judge Murdock denied the defense’s motion to suppress Lee’s girlfriend’s identification of the defendant.
The prosecution’s motion to present the jury with information regarding a separate shooting on March 26 was also a significant topic of discussion on Monday. Thomas is alleged to have shot another man in Lee’s presence.
The prosecutor first reviewed the facts of the case involving Lee, stating that Lee and his girlfriend were outside a grocery store when they were confronted by Thomas about another shooting the previous night. As the victim and his girlfriend were leaving the store, another man approached, while Thomas approached the victim from an alley.
When Lee’s girlfriend turned away, the prosecutor said, she heard two gunshots and then three additional gunshots. Other witnesses were also present during the incident.
The prosecutor said the shooting the night before Lee was killed was motive for Thomas’ alleged actions on March 27 because Lee was aware that Thomas shot another man in the 5200 block of Linden Heights Avenue.
Thomas was allegedly charging Lee, Lee’s girlfriend, and their friend $20 a night to live with him in an abandoned home. On March 26, Lee was allegedly present when Thomas allegedly shot the couple’s friend upstairs, while Lee’s girlfriend was downstairs.
The friend was taken to a nearby hospital and received treatment for his injuries.
According to the prosecution, Lee later texted his mother that he was worried about his friend and that he and his girlfriend were both scared of Thomas.
A detective, who investigated the non-fatal shooting, testified on Monday and said he was aware of Lee’s texts to his mother and confirmed the aforementioned details of the non-fatal shooting.
The prosecution requested screenshots of Lee’s texts to his mother be submitted into evidence, which Judge Murdock granted.
During the detective’s testimony, he said the victim of the non-fatal shooting provided a description of the shooter but never provided a name. The defense also confirmed with the detective that there was blood found at the scene, but it did not belong to the non-fatal shooting victim.
When time came to discuss whether to grant or deny the prosecution’s motion to share the non-fatal shooting case with the jury, Batchelor said the evidence was prejudicial, while the prosecution said it was relevant.
Judge Murdock sided with the prosecution and granted her motion.
During Monday’s proceedings, Murdock also denied the prosecution’s motion to amend Thomas’ indictment.
Although the Maryland Judiciary website states that Thomas is charged with conspiracy to first-degree murder, the prosecutor said he is instead charged with conspiracy to second-degree murder. However, amending the indictment would have Thomas charged with conspiracy to first-degree murder as stated on the Maryland Judiciary website.
Judge Murdock said substitutive changes would require Thomas’ agreement, which was not given.
Judge Murdock and counsel then agreed that the final two motions—to suppress another individual’s identification of the defendant and preclude the examination of a law enforcement agent—submitted by the defense and prosecution, respectively, would be held at a later date closer to the trial.
Thomas’ trial is tentatively scheduled for Nov. 3. On May 20, Thomas rejected a plea of life, suspending all but 60 years, and five years probation for one count of first-degree murder.