Jury deliberations began Monday afternoon in the trial of a former teenage squeegee worker accused of fatally shooting a bat wielding driver in downtown Baltimore last summer.
WYPR is not naming the defendant, because of his age.
Family members, press and the public filled room 203 at the Clarence M. Mitchell, Jr. Courthouse, to hear closing arguments. Both sides focused on video footage to support their case.
Assistant State's Attorney Cynthia Banks told jurors that “the video speaks for itself.” She encouraged jurors to “go through the visual evidence frame-by-frame.”
Thiru Vignarajah, attorney and spokesman for the family of the man who was killed, Timothy Reynolds, said they are thankful for the way ASA Banks is fighting.
“The undisputed video evidence shows that the victim was going back to his car,” said Vignarajah.
“The defendant not only failed to retreat but actually took a step away, to get the gun and pull the mask down. Those facts were presented and it was encouraging for the family to see the prosecutor at full volume with full force presenting that evidence.”
Defense attorneys picked apart the video saying it was grainy leading to inconsistent witness testimony. J. Wyndal Gordon pointed out how some witnesses described the shirt the shooter wore as ‘peach’ while others said it was ‘coral’ and another ‘white’. The video offered limited angles and investigators failed to unearth more footage showing Reynolds as the aggressor, Gordon said.
“We wouldn’t be here if Reynolds didn’t step out of his car,” said Warren Brown, co-counsel representing the teen. His comment, a jab at Banks who opened her closing argument by saying, “We wouldn’t be here if everyone kept their cool.”
In addressing the jury, Brown invoked the socioeconomic and racial undertones of the case, while allocating responsibility to Reynolds.
“This city has had years of squeegeeing,” continued Brown. “In thirty years, no one has gotten out of their car, crossed several lanes of traffic with a baseball bat, to attack kids. These kids were hustling but they weren’t hurting anybody. They were just washing windshields.”
The defense also told jurors to focus on evidence the prosecution is not showing.
Since the start of the trial, the prosecution has not submitted the bat that was wielded, into evidence. J. Wyndal Gordon found an alternative.
“It was raining this morning,” said Gordon. “It was a perfect opportunity to bring an umbrella into the courtroom. I used it as a prop so the jury can see how frightening it is. I'm 6' 2'' 240 pounds, imagine a 6’ 3'' 329 pound man going after a 120 pound 5' 5'' child who's 14-years-old.”
Derede McAlpin, attorney and spokesperson for the defendants family, said the outcome is now in God’s hands.
“The family is putting their trust in God, the legal system and the U.S. Constitution. They're looking forward to a fair trial and they're putting their trust in their attorneys,” said McAlpin.
In addition to first-degree murder, jurors can also consider second degree murder and manslaughter charges for the defendant, along with firearms offenses. Under Maryland law, a person claiming self-defense has a duty to retreat.
Judge Jennifer Schiffer instructed jurors to define retreat via the Blacks dictionary instead of the Merriam-Webster dictionary.
According to the former, retreat is defined as “a person did everything possible to escape.”
The latter, “an act or process of withdrawing.”
“This isn’t Florida,” said an impassioned Banks. “[It’s not] stand your ground. It’s move away and go,” she argued, reminding jurors that Reynolds had three gunshot wounds in his back.
