Baltimore prosecutors pledge to retry man charged with shooting 10-year-old

April 04, 2003|By Allison Klein | Allison Klein,SUN STAFF

Baltimore prosecutors intend to retry Perry Spain, the man charged with shooting a 10-year-old in the neck last year in West Baltimore whose first trial ended with a deadlocked jury this week.

Even though 11 members of the jury wanted to acquit and one wanted to convict Spain, 20, prosecutor Roger Harris said yesterday that he will "absolutely" bring Spain to trial again.

"We are absolutely going to retry it," Harris said. "There wasn't much hesitation."

Spain is charged with attempted murder and other crimes related to the wounding of Tevin Davis.

Defense lawyer Warren A. Brown said he is ready to defend Spain a second time, but said he is not convinced that prosecutors will follow through with another trial. He said they might be "posturing."

"They can't look like they've been defeated on this even though they're on their last leg," Brown said. "The reality is that you still have a messy case."

Brown, who is known for selecting sympathetic juries, also said he is considering asking for a trial before a judge instead of a jury this time.

The new trial is set for Aug. 11 before Baltimore Circuit Judge Shirley M. Watts.

Watts declared a mistrial Wednesday when the jurors said they could not reach a unanimous verdict. The trial, which took four days, included testimony from Tevin and his parents.

Tevin was shot about 9 p.m. July 15 last year as he was playing with friends. He was shot in the neck and the bullet came out through his mouth. Spain, who lived in the same West Fairmount Avenue neighborhood as Tevin, was accused of shooting at men who had just robbed him.

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