Teenager out on bail is rejailed in shooting

Arrest made as youth awaits retrial on burglary charge

January 14, 2009|By Melissa Harris | Melissa Harris,melissa.harris@baltsun.com

A 17-year-old Baltimore boy out on bail after a jury acquitted him of murder but deadlocked on a burglary charge is back in jail after police say he shot another man through the thigh.

In June, David James Marshall of the 200 block of S. Calhoun St. was acquitted on all but one charge - first-degree burglary - related to the killing of Robert Atkinson, 47, during a 2006 home-invasion robbery. A former co-defendant was convicted of Atkinson's murder during a separate trial.

Immediately after the acquittal, prosecutor Theresa Shaffer began the process of retrying Marshall on the burglary charge. Baltimore Circuit Judge John P. Miller set Marshall's bail at $25,000 and added two conditions: that he live with his parents and be under state supervision.

"His dad put him in boxing class, got him back in school and working," said Nicholas Panteleakis, who defended Marshall during the murder trial.

But on Sept. 22, a witness came forward identifying Marshall as the person who shot Kenan Rogers, 30, in a shower of gunfire that erupted in the 1400 block of Kuper St., near South Calhoun Street, shortly after midnight Sept. 8. Atkinson had been killed at 1404 Kuper St. two years earlier.

Police found .22-caliber shell casings at the scene of Rogers' shooting and recovered a .22-caliber rifle during a search of Marshall's house. Ballistics analysis was not complete yesterday, prosecutor Jennifer Rallo said.

Circuit Judge Wanda K. Heard denied yesterday an attempt by Marshall's new lawyer to have the case transferred to juvenile court. Rallo said that Marshall had been suspended from school 11 times and expelled several times for offenses including striking a teacher.

Heard said that Marshall acted "like a young man as opposed to a young child."

"I don't think the adults in your life can control you," she said. "You are definitely a public safety risk."

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