STATE OF MARYLAND * IN HE * CIRCUIT COURT Vv. * FOR TAVON SCOTT * BALTIMORE CITY * Case No.: 122214002 STATE'S RESPONSE TO CLARIFY FACTUAL MISREPRESENTATIONS IN DEFENDANT'S MEMORANDUM IN SUPPORT OF TRANSFER TO JUVENILE COURT PURSUANT TO MD CRIMINAL PROCEDURE §4-202 NOW COMES, Marilyn J. Mosby, State's Attorney for Baltimore City and Rita Wisthoff- Ito, Assistant State’s Attomey for Baltimore City, pursuant to Maryland Criminal Procedure §4- 202, and in response to Defendant's Memorandum, respectfully represents the following: PROCEDURAL HISTORY On July 7, 2022, Timothy Reynolds was shot five times and killed at the comer of Conway and Light Streets. On August 2, 2022, upon presentation to the grand jury, with instruction on the law, and full presentation of the video footage and evidence, a Baltimore City Grand Jury indicted the defendant on murder in the first degree of victim Timothy Reynolds. On August 10, 2022, counsel filed a Motion for Transfer of Jurisdiction to Juvenile Court. The ‘Transfer Hearing is scheduled for November 17, 2022 FACTUAL BACKGROU! Out of respect for the victim Timothy Reynolds, the State notes the following statement as to the facts of the above-captioned case, as opposed to the version put forth by defense counsel in the Memorandum. On July 7, 2022, at 4:41pm, the Baltimore Police Department, Homicide Unit was notified of a fatal shooting that had occurred at the corer of Light Street and E, Conway Street. The vietim was later identified as Timothy Michael Reynolds, DOB 5/20/1974. Upon viewing video footage and witness statements, investigation revealed that the 1defendant approached the victim’s vehicle while the vehicle was stopped at a red light at Conway Street, turing left onto Light Street. © Still shot photograph taken from CitiWatch camera on day of incidentVictim’s vehicle approaching red light on E. Conway Street at Light StreetThere is no volume on the video footage, but when the light turns green, the victim’s car turns left onto Light Street, and then the victim parks his car on the far side of Light Street, after ‘making that left tun. The victim exits his car, and walks across Light Street with the bat held downward. * After getting the green light, the victim turns left (northbound) onto Light Street and parks his vehicle on the east side of the street¢ A book bag is seen on the curb located on the south side of E. Conway StreetThe defendant picks up the bag after realizing that the victim had parked and was exiting his hey vehicle front of his body and walks over towards where the victim and the other “squeegee worke!About the same time that the victim has parked his car, the defendant has run over to the south side comer of Conway and Light Street, and retrieved a bookbag which was sitting near a fire hydrant. Defendant runs to join the group of squeegee workers arguing with the victim. Defendant then runs back over, behind where a UPS truck is parked, close to the area where the defendant had retrieved the backpack. The defendant than pauses and pulls a ski mask down over his face. » Asa verbal altercation ensues between the victim and the other “squeegee workers,” the defendant leaves the group to pull down a black face mask over his face in order to disguise his identityDefendant then runs back to where the victim and the squeegee workers are arguing. When the vietim had crossed the street, after parking his car, and reached the furthest lane of Light Street, in front of Conway Street, a verbal argument ensued between the victim and a group of the squeegee workers, including the defendant, who are all standing near the median strip on eth north side of Conway Street. After shouting from both sides, the victim turns to leave, walking back across Light Street. As the victim is walking back across the street toward his car, he is being followed by three squeegee workers including the defendant who is wearing a very distinctive peach T-shirt, and black sweat pants with white stripes down the sides, Defendant is wearing that backpack that he retrieved, across the front of his chest. About halfway across the street, as the victim is walking away, one of the squeegee workers starts throwing rocks at the victim. The squeegee workers at that point have formed a half circle around the victim. The victim tums around and moves toward the squeegee workers swinging his bat once over his head. A second squeegee worker runs up and hits the victim directly in the head with a brick or Piece of concrete. That object leaves a one and a half inch deep cut on the victim’s head Clearly, disoriented from that hit, the victim, spins around and wobbles, trying to gain his balance. At that point, the victim is holding the bat up in the air trying to steady himself before he starts to fall. The defendant who is the furthest away from the victim, can be seen in the videofootage, shooting the victim, as the victim is turing away from the defendant. The defendant is shooting and backing away, as the victim is dropping to the ground after the first shot to his. head. ‘Still shots from dasheam video of the defendant raising and firing the gun ‘The defendant then continues to shoot the victim, a total of five times. Five spent shell sings were recovered from the scene. In the above photo to the right, the victim can be seen, already starting to fall to the ground, as the defendant continues to shoot. The squeegee workers simply walk away after the shooting. The defendant puts the handgun back in the backpack and runs into the garage in the apartment building on the south side of Conway Street. An autopsy was performed on the victim Timothy Reynolds. Counter to defense counsel's misrepresentations, the victin 's blood heart alcohol level was 0.03, not 0.10, 10* After the shooting, the defendant is seen running back across E. Conway Street with the face mask still pulled down and the book bag across his chestAfter exiting out the other side of the garage, the defendant places the backpack next to the building © Book bag located by Police Officer Burke while searching the crime scene area for evidenceA loaded 9mm Polymer80 was located inside the book bag. After a forensic firearm examination, it was confirmed that this is the firearm that was used during the shooting ‘The defendant’s DNA was found on the strap of that backpack. Through investigation, the defendant was initially identified by an officer who regularly patrols that area who recognized the defendant through previous contact at that same location. That officer, while wearing his Body Warn Camera (BWC), had spoken with the defendant on July 4, 2022. That BWC footage was retrieved and showed close up shots of the defendant speaking with the officer and wearing the same black sweat pants, that he was wearing the day of the shooting, with two white stripes up the side of the legs. Those still shots wer Iso shown to school police officers and personnel who identified the defendant, Further investigation revealed that in the evening of the day of the shooting, the defendant confessed that he was the one who shot the victim that day Respectfully submitted, Rita Wistho Assistant State’s Attomey Office of the State’s Attorney Baltimore City BHomicide Division 120 East Baltimore Street Baltimore, Maryland 21202 443-984-6023 (work) - 443-984-6255 (fax) rwisthoff-ito@stattorney.orgCERTIFICATE OF SERVICE 1 HEREBY CERTIFY that on this_14th_day November, 2022, a copy of the foregoing State’s Response to Defendant's Memorandum was emailed to, J. Wyndal Gordon, Esq., at jwgaattys@aol.com, and Warren Brown, Esq., at warrenabrown_esq@yahoo.com, Counsel for defendant. Lee / Rita Wisthoff-lio Assistant State's Attormey Office of the State’s Attomey for Baltimore City Homicide Division 120 East Baltimore Street Baltimore, Maryland 21202 443-984-6023 (work) - 443-984-6255 (fax) rwisthoff-ito@stattomey.org