Just hours after Baltimore jurors began deliberations in the first murder trial of Keith Davis Jr., Andrea Mason, the prosecutor in the case, was questioned at the scene of a multiple-vehicle crash in Towson that police say she caused that night.
As the arresting officer attempts to ask her about the crash, she tells him, “this is why people hate police.”
The exchange was one of several between Baltimore County police officers and Mason during her drunken driving arrest on May 12, 2017, which was captured on the officers’ body-worn cameras. The Baltimore Sun obtained the footage Thursday through a Maryland Public Information Act request.
On Wednesday, a Baltimore State’s Attorney’s Office spokeswoman said Mason was no longer with the office, but declined to provide additional details, calling it a personnel matter. An attorney for Mason said Wednesday his client was fired after media inquiries about her arrest, but that his client had previously disclosed the arrest to the state’s attorney’s office.
Mason’s departure also came after Davis’ wife, Kelly Davis, spoke out on social media, questioning why the state’s attorney’s office had not disclosed the arrest and conviction of the prosecutor who has tried her husband three times.
“Marilyn Mosby was willing to bury this. Had it not been public, Mason would not be facing consequences,” Davis said in an interview Wednesday.
Keith Davis Jr. is charged with fatally shooting Kevin Jones as he was walking to his job at Pimlico Race Course on June 7, 2015. Hours after the killing, prosecutors said, Davis ran from a robbery and was chased by police, who shot and wounded him in a nearby garage. Almost a year later, police said a .22-caliber pistol they recovered from where Davis was shot matched the gun used to kill Jones.
Davis’ first trial ended in a mistrial, and Mason went on to prosecute Davis two more times. A fourth trial is scheduled for November.
Mason, 59, was arrested and charged with DWI — driving while impaired by alcohol — following the multiple-vehicle crash at Goucher Boulevard and Taylor Avenue, according to Baltimore County police charging documents. She was found guilty of driving while impaired by alcohol in August 2017 and sentenced to 60 days in jail, all of which was suspended, and placed on supervised probation, court records show.
Mason’s attorney, Gary S. Bernstein, said Thursday that he opposed publication of the video after Mason lost her job.
“You got her fired. Her career of 27 years is gone,” he said in an interview. As a result, Bernstein said, Davis gets “to pick her prosecutor.”
He also noted that Mason was still grieving the loss of her husband, who died months before her arrest.
Bernstein said he had heard from other attorneys Thursday who were surprised to learn that Mason was no longer with the office, and who told him that Mason was one of the best homicide prosecutors. He said she was extremely dedicated and paid thousands out of her own pocket for equipment for trials.
The footage captured officers questioning Mason at the scene of the crash and at the Towson precinct, where she was brought afterward.
“Your car reeks of alcohol. How much have you had to drink today?” officer Luke Shovestull asks Mason outside her car.
“Today? I was in trial,” she responds.
At one point, as the officer continues to question Mason, she asks him, “how many homicide trials have you charged?”
“Does it matter? That doesn’t have anything to do with how much alcohol you’ve had today,” the officer says.
“Yeah it really does,” Mason says.
After Mason is taken to the Towson precinct, an officer, who is not identified, asks if she has anything on her.
“Probably drugs and guns,” she says, as the officer searches her pockets.
A second officer tries to explain to her about a Breathalyzer test. Drivers can decline to take the test but will automatically have their license suspended, he said.
When the officer tells Mason he has to read something to her, he asks if she understands the English language.
“No,” says Mason.
“What do you understand?” the officer asks.
“I speak Spanish,” she says.
Later, the officer asks Mason what she does for a living.
“I’m a Baltimore city homicide prosecutor,” Mason says.
“Who’s your boss?” the officer asks.
“Uh, now? Marilyn Mosby,” she tells him.
The officer asks her again if she’s really a prosecutor. “Are you making this up, because you said you have guns and drugs on you before?”
“Drugs and guns from the defendants I prosecute” she tells him.
At the end of processing, items are returned to Mason, and the officer fills out paperwork.
An officer undoes her shackles.
“This is why people hate police right?” she says.