The Baltimore State’s Attorney’s Office said Wednesday it is still determining whether it will pursue a fourth trial against Keith Davis Jr., who is charged with killing a Pimlico security guard in 2015.
Three weeks after Circuit Judge Althea Handy declared a mistrial in Davis’ third trial, a spokeswoman for Marilyn Mosby’s office said it is still reviewing its options. Jurors were unable to reach a unanimous verdict in the last trial.
“We are still assessing,” Melba E. Saunders said Wednesday, declining to comment further.
Davis, 26, is accused of fatally shooting Kevin Jones as he was walking to his job at the racetrack 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’ attorney Natalie Finegar said Wednesday she plans to file a bail motion soon for Davis, who remains incarcerated pending a preset Nov. 5 trial date.
“I welcome an open dialogue with the state’s attorney’s office about how we should move forward with this case,” Finegar said.
Davis’ first trial in May 2017 ended in a mistrial after jurors deadlocked. He was found guilty of second-degree murder in October, but a judge reversed the conviction and ordered a new trial because information about a key witness was not disclosed.
After Davis’ last trial ended in mistrial on June 21, Finegar said previously the case should have been dismissed with prejudice. The state failed to provide her before the trial with three surveillance videos from near where the shooting occurred, which Finegar called “one of the worst discovery violations.”
Handy agreed that the state should have disclosed the videos previously to the defense, but found it was “an unintended” nondisclosure.
While pursuing four trials against a defendant is uncommon, the state’s attorney’s office has done so before. Prosecutors tried Gregg Thomas four times before jurors convicted him of attempted first-degree murder in the 2014 shooting of Baltimore Police Sgt. Keith Mcneill. The first three trials ended in mistrials.