Trial date set in backyard killing of teen

Police say man, 55, shot boy trying to steal bike

October 05, 2002|By Laurie Willis | Laurie Willis,SUN STAFF

A Jan. 28 trial date has been scheduled for Edward Leon Day, the West Baltimore man who police say fatally wounded a teen-ager in July.

Day, 55, of the 2300 block of Harlem Ave. pleaded not guilty yesterday in Baltimore Circuit Court to second-degree murder, carrying a concealed, deadly weapon and carrying a weapon openly with intent to injure.

He was arraigned before Judge Ellen Heller.

Day is charged in the fatal shooting July 11 of David Stewart, 15, of the 2700 block of W. Lafayette Ave. Police say Stewart was trying to steal a bicycle from Day's yard.

The shooting sparked outrage from some and sympathy toward Day from others. Two weeks later, William Banks was accused of shooting three youths, ages 11, 15 and 18, outside his Southeast Baltimore home.

Banks is in jail on a $500,000 bond, awaiting trial on attempted murder and handgun and reckless endangerment charges.

In Day's case, police said Stewart was riding his dirt bike with a friend in the alley behind Day's rowhouse when he noticed a red 10-speed in the man's back yard. Stewart walked through a gate in the fence and tried to steal it, police said.

Day came out of the house and fired once with a double-barreled shotgun, hitting Stewart in the back from 10 feet away, police said.

The teen-ager died a short time later at Maryland Shock Trauma Center.

After the shooting, police said, Day put the 12-gauge shotgun in his bedroom, then rode one of his bicycles to a pool hall. Officers said they found a spent shotgun shell in his pocket.

Prosecutor Wesley Adams said Day could be sentenced to a maximum of 33 years on all of the charges if convicted. Day is free on $150,000 bail and is on home detention.

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