A Baltimore Circuit judge has thrown out murder charges against two of three men who allegedly gunned down City College lacrosse captain Ray Glasgow III in a case of mistaken identity.
Defense attorneys for the two men say prosecutors had tried an end-run of the “Hicks Rule,” the principle requiring defendants stand trial within 180 days. Prosecutors had dropped murder charges only to indict the men for the same crime and start the clock over, defense attorney Martin Cohen said.
“The government should not have the ability to indefinitely postpone cases and not give people their due process and right to a speedy trial,” he said. “If this ruling had gone a different way, it would have opened up the possibility for the state’s attorney’s office to have postponement after postponement after postponement, indefinitely, for any case.”
A spokeswoman for Baltimore State’s Attorney Marilyn Mosby declined to discuss the case. She provided a brief statement by email.
“We are deeply disappointed by today’s outcome and we’re in the process of exploring our options for an appeal,” wrote Zy Richardson, the spokeswoman.
Glasgow was a promising 17-year-old football and lacrosse standout at Baltimore City College High School. In May 2018, the high school junior was visiting college campuses and working for his father’s painting company. The teen and his friends were parked beside the City Springs Elementary/Middle School field when gunmen shot up their car.
Glasgow was killed. Another teen in the car was wounded. Police said they were mistaken for other people. Officers arrested three people and charged them with murder.
Prosecutors asked the courts to separate into three cases the defendants Eric Jackson, 34, Bradley Mitchell, 25, and Shawn Little, 22. They twice asked for trial to be postponed for Jackson and Mitchell. The second time, a judge denied their request.
Cohen, the defense attorney, said prosecutors wanted to persuade Little to testify against the other two. They needed to try the three men in order with Little first. Once convicted, Little could be used to testify against the others, he theorized.
When the judge refused a second postponement, Assistant State’s Attorney Patrick Seidel dropped the murder charges against the two others, pushing Little to the front of the line. Then he reindicted the other two.
“Effectively, what he was trying to do was improve his position,” said Lawrence Rosenberg, the defense attorney for Jackson. “He had no evidence unless Shawn Little testifies. None.”
Little was convicted of attempted second-degree murder and sentenced in June to 30 years in prison. As Jackson and Mitchell headed to trial, their defense attorneys asked a judge to throw out their cases, arguing prosecutors had gone too far afield from the “Hicks Rule.”
On Tuesday, Baltimore Circuit Judge Jennifer Schiffer dismissed the cases against Jackson and Mitchell. She could not be reached Tuesday.
Cohen and Rosenberg both said they expect prosecutors to appeal the dismissal.
Glasgow was killed two days before his lacrosse team was to play in a city title game. The emotional game went on with the Black Knights carrying his jersey onto the field.