CHANGE MY LOCATION
Local
California News
Multimedia News
Judge allows man to ID alleged shooter
SEE HOW THIS STORY DEVELOPED
Related Topics: BALTIMORE
BALTIMORE (Map, News) - A Howard Circuit judge is allowing a Columbia man to identify his alleged shooter in court even though Howard police previously showed him a photograph of the suspect.
Monti Fleming, 17, of Overheart Lane in Columbia, is charged with first- and second-degree attempted murder and assault for allegedly shooting Mark Golston on Aug. 22, 2006, outside of Golston’s house on Nightmist Court in Columbia, according to charging documents.
Judge Louis Becker ruled Wednesday that Golston can identify his shooter in court and testify that he previously identified Fleming as the shooter from a photograph.
Defense attorney Joseph Murtha argued that Golston’s identification of Fleming should be excluded because Howard police showed him a single photograph of Fleming rather than a photo array of suspects, which was “impermissibly suggestive.”
“His recollection of who shot him has been tainted,” Murtha said.
But Becker said the identification was reliable, because Golston told police he clearly saw the shooter’s face and recognized him from the neighborhood. Golston’s niece, who was at the house during the shooting, also identified Fleming from a photo array.
Fleming and Golston had an argument moments before the shooting, and Golston returned to his house. When Golston later went outside to smoke a cigarette, Fleming allegedly fired multiple shots and struck Golston once in the upper leg, according to charging documents.
His trial is scheduled for July 17.
Fleming was previously convicted of first-degree murder in February for shooting Shawn Powell, 18, of Columbia, days after he allegedly shot Golston. Fleming is scheduled to be sentenced for the murder on May 16 and faces life in prison without parole.
cpeirce@baltimoreexaminer.com
