Public defender accuses Baltimore prosecutors of overcharging 15-year-old who beat 66-year-old – Baltimore Sun

The public defender representing a 15-year-old charged Tuesday with attempted murder in the beating of a 66-year-old in Butchers Hill last week accused Baltimore prosecutors of overcharging the minor.

“The prosecutor unfairly inflated this case to try the child as an adult, going beyond what the police and on-site child protective services staff believed was appropriate,” Assistant Public Defender Brian Levy said in a statement . “The prosecutor also allowed the facts to be distorted here and unilaterally decided that a child would be prosecuted as an adult and face life imprisonment because of the actions of older people.”

Levy's comments came following a hearing Wednesday, which reporters were unable to attend, to determine whether the teenager would be released pending trial. It is extremely unusual for someone accused of attempted murder of a person to be released pending trial.

A spokesman for the district attorney's office did not immediately respond to questions about the 15-year-old's release status, while the city prosecutor's office declined to comment on the hearing.

It is rare for public defenders to comment on pending cases, and Levy's comments add to a case that has become a flashpoint for the ongoing debate over what should happen to minors accused of crimes in Baltimore.

Video of a man being beaten and robbed by two young people in Butchers Hill on Thursday night has gone viral. The footage showed a teenager stomping on the man's head as he lay on the sidewalk.

Baltimore police arrested 18-year-old Montaz Bailey and the 15-year-old and charged them with committing a violent robbery. While Bailey remained in custody, the 15-year-old was initially released to his guardians, which led to sharp criticism of child welfare authorities. The Department of Juvenile Services on Tuesday implemented changes to its detention and electronic monitoring policies for minors accused of crimes.

Prosecutor Ivan Bates announced Tuesday that his office had filed an indictment against the 15-year-old, charging the teen with attempted murder and other charges that the prosecutor has not publicly disclosed.

“If you stomp on the heads of individuals in Baltimore City, you can expect to be charged with (attempted) murder,” Bates told reporters Tuesday, adding that his office has done the same in other cases. “We believe this type of behavior is abhorrent, vicious and violent. We won't tolerate this. We will hold individuals accountable.”

Bailey was charged with conspiracy to commit murder.

“The law says everyone is responsible for what they do,” Bates added.

Levy issued a stern response to Bates' comments in his statement Wednesday.

“To be clear,” Levy said, “my 15-year-old client is not intended to be the person seen in the video trampling the victim.” He is not intended to be the person seen in the video how the victim is beaten. He is also not said to have been the person who actually owned a weapon.”

Levy added that his client has never been convicted of a crime in adult or juvenile court, adding that the 15-year-old's case is “an example of why prosecutors should not have the power to automatically consider children as criminals.” Charge adults.”

The victim, a South Madeira Street resident, told police he was hit from behind after being chased by a group of people as he walked home from his garage and saw a gun in his face, according to charging documents for Bailey. The victim said he grabbed the barrel of the gun with both hands and a physical altercation ensued in which he was thrown to the ground.

Investigators wrote that the pair continued to attack the man until he lost consciousness, noting that the man suffered “multiple lacerations” and was hospitalized.

Bailey was also charged Tuesday with 13 counts, including attempted murder, armed robbery, assault, theft and firearms offenses. He is being held without bond. His attorney, Natalie Finegar, reached by phone Wednesday, declined to comment.

This article is being updated.

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