Four days before Charles McGaney allegedly murdered former Baltimore City Councilman Kenneth Harris during a robbery, the teenager appeared in court on felony theft charges.
The result?
The 19-year-old walked out of court a free man after prosecutors dropped the charges.
A few months before that, his co-defendant, Gary Collins, 20, faced armed robbery counts in the city’s Circuit Court, only to have those charges placed on an inactive docket.
The two young men were arrested Friday and charged with murdering Harris Sept. 20 in front of the Haven Lounge in the Northwood Shopping Center.
“There was an enormous amount of detective work put into this case, stretching back from the very beginning of this crime,” Baltimore Police Commissioner Frederick Bealefeld said at a Friday morning news conference.
Each suspect has been arrested five times on adult charges. But their trips through the adult criminal justice system show they have largely avoided serious punishments.
McGaney was convicted in Towson’s District Court in 2007 of malicious destruction of property and ordered to pay court costs. In August of this year, McGaney pleaded guilty in Baltimore County Circuit Court to a gun charge — possessing a weapon while under the age of 21 — but was sentenced to time served.
Prosecutor Kristin Blumer said she agreed to a plea deal because she was stuck with a case that was “not very strong.”
“The one witness, who was the only person who actually saw him with the gun, became very uncooperative and moved out of state,” Blumer said. “Because the case was not very strong, and because he had served three or four months in jail, we agreed to time served.”
For his part, Collins was convicted in 2007 of possessing an illegal gun and was sentenced to one year behind bars. On March 10, he was convicted of drug possession and sentenced to three months in jail. He is currently awaiting trial on more gun and drug charges.
Baltimore County prosecutor Jill Savage said lawyers had to drop a weapons charge against Collins in 2007 because the arresting officer was tied up in another trial and a judge refused to grant a postponement.
“The officer we needed for the case was unavailable,” she said.
City prosecutors released a statement Friday, saying they could not comment on the Harris murder case until charges against the two young men were finalized.
Bealefeld said he believed McGaney was captured on surveillance camera footage moments before the Sept. 20 killing that rocked the city.
Robbers approached Harris in front of the Haven Lounge with owner Keith Covington, 54, and ordered Harris to stand against the building while they forced Covington inside.
Police said they believe Harris, 45, became nervous and made a run for his car, when one of the assailants gave chase, firing one shot at Harris through the passenger-side window, sources said. The shot missed a female passenger in Harris’ car, hitting the former councilman in the back, sources said. He was pronounced dead at a hospital.
Forensic evidence played a major role in obtaining the warrant for McGaney, Bealefeld said.
“We had forensic evidence from the very beginning,” he said. “We had to ensure we dotted every ‘I’ and crossed every ‘T.’ … We would not be hurried or rushed into making premature judgments or actions that would jeopardize this case.”
Mayor Sheila Dixon said she shared the frustration of Harris’ widow, Annette, of not having more information about the crime more quickly.
“These individuals lived in that community,” the mayor said. “It’s so important we have the community engaged. … This was a senseless crime. They will have to pay. We have to send the kind of message, particularly to our young people, that this is unacceptable and this is something they’re not going to get away with.”
Annette Harris thanked Bealefeld and the homicide detectives who are working the case. She said young people in Baltimore need more positive outlets and programs.
“I pray that justice prevails.”
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