State v. R. G., Circuit Court for Anne Arundel County
In August 2012 criminal defense attorney Timothy Mitchell represented Mr. G. who was charged with Attempted Second Degree Murder, 1st and 2nd Degree Assault, and Reckless Endangerment. The allegation was that Mr. G was involved in a bar fight. It was alleged that he approached a man in a bar with a knife and stabbed the man causing serious injuries. Mr. Mitchell, as an experienced criminal defense attorney, knew that the allegations were serious and needed aggressive defense.
The State claimed that this was an unprovoked attack with the intent to kill. Our theory on the other hand was that this was a racially motivated attack on our client because he was the only Hispanic in the bar, and that he used the knife to defend himself. Mr. Mitchell knew that the facts were difficult but he didn’t stop fighting for Mr. G.
The State called 10 witnesses, the Defense called four witnesses. Through a masterful cross examination of the witnesses by Mr. Mitchell, all of the witnesses were revealed as racially prejudiced toward Mr. G. who appeared Hispanic. Ultimately the “victim” admitted on rigorous cross examination by Mr. Mitchell that he had actually entered the bar already intoxicated and had approached Mr. G and began harassing him because he looked Hispanic. The witness also admitted on rigorous cross examination that the witness used racially offensive language and ultimately admitted pushing Mr. G to the barroom floor, a complete contradiction to the version given to the police.
The trial lasted 4 days. The jury deliberated for two days and returned deadlocked. A mistrial was declared. The case was resolved with a plea to Second Degree Assault, and 30 days home detention.