Baltimore Sun Sunday

Conviction upheld for teen who ran over Balto. Co. cop

- By Darcy Costello

The Maryland Court of Appeals has upheld a felony murder conviction and sentence of life in prison for the teen who fatally struck Baltimore County Police Officer Amy Caprio with a vehicle in 2018, despite arguments from his attorneys that the court did not properly consider his age.

Dawnta Harris, now 20 years old, was behind the wheel of a stolen Jeep in Perry Hall when Caprio blocked its path with her patrol car, jumped out and issued orders for him to stop. He initially did, opening his car door, then he ducked down and accelerate­d, police said. She fired her weapon once before he struck her.

Harris and three other Baltimore teens were in the area burglarizi­ng homes, which allowed the prosecutio­n to seek a felony murder charge — a doctrine that can apply when someone is killed during the course of a different felony.

A jury found Harris guilty of the offense after an eight-day trial in 2019 and he was sentenced to life in prison with the possibilit­y of parole.

Attorneys for his appeal requested the conviction and sentence be reviewed, arguing felony murder shouldn’t apply and it was unconstitu­tional to give a minor a life sentence. Harris was 16 at the time of Caprio’s killing.

But the Court of Appeals rejected those arguments in a ruling Wednesday.

The state’s highest court found felony murder was not preempted by state statute on vehicular manslaught­er, a U.S. Supreme Court case cited by attorneys didn’t apply for life sentences with the possibilit­y of parole and that Harris’ age was considered in sentencing.

Garry Sorrells, Caprio’s father, said Friday it was “reassuring” the court upheld the conviction and denied the appeal. But he said it didn’t offer much closure: “It was a traumatic loss and it continues to be.”

Caprio was the first Baltimore County Police officer to be killed in the line of duty since 2013.

Harris’ attorney for the appeal, Megan Coleman, called the decision disappoint­ing but said she hopes the arguments “shed light on evolving areas of the law that may be further addressed by the General Assembly to achieve more equitable sentencing proceeding­s for juvenile offenders.”

“Specifical­ly, the appeal provided a framework for the General Assembly to formulate precise sentencing factors as it relates to youth and the attendant circumstan­ces before imposing a life sentence on a juvenile offender,” Coleman said.

Coleman argued in March to the Court of Appeals that Harris’ age meant he was unable to “appreciate the risks and consequenc­es” of his actions.

She said felony murder shouldn’t apply to children because their brains haven’t fully developed and that he should’ve gotten unique considerat­ions at sentencing due to his age.

Defense attorneys at Harris’ sentencing had requested he receive 30 years, and Harris himself asked the judge for a second chance in life.

But the Court of Appeals wrote in its opinion that the Circuit Court had considered Harris’ age. It pointed to a 25-page presentenc­e investigat­ion report it said included his age, criminal and personal histories, family situation, education and mental health. His attorneys also made mitigating arguments at the hearing based in part on his youth.

And the Maryland appeals court said the 2012 Supreme Court decision in Miller v. Alabama, which said mandatory life sentences without parole were unconstitu­tional for children convicted of homicides, didn’t apply in this case since Harris will be eligible for parole after 15 years.

Scott Shellenber­ger, the Baltimore County state’s attorney, said Friday he was pleased the court upheld Harris’ conviction and sentence.

“This has been a very long, arduous journey for Amy Caprio’s family, the Sorrells,” he said. “We are hopeful that this will bring some closure for them.”

Harris has no other state appeal options but could appeal to the U.S. Supreme Court or request through other court proceeding­s that his sentence be reviewed. As noted by the Court of Appeals, Harris will automatica­lly be eligible to have his sentence reduced after serving 20 years under a 2021 law passed by the General Assembly.

He will also be eligible for parole after 15 years, though Shellenber­ger previously said people convicted of murder typically spend at least 30 years in prison.

Coleman had argued judges should have additional discretion, not mandatory sentencing guidelines, in issuing sentences for children.

The General Assembly has considered barring children from being charged with felony murder, but such legislativ­e attempts have failed to pass. The Juvenile Restoratio­n Act, passed in 2021, did ban life sentences without parole for children.

Caprio’s killing set off a firestorm, including racist backlash, as all four teens were Black and Caprio was white. It also played into city-county dynamics — Harris was from the Gilmor Homes public housing in West Baltimore and had gone joyriding with friends in the stolen car to suburban Perry Hall.

His defense attorney, Warren Brown, had urged the judge to consider his environmen­t and argued that casting him as someone “beyond redemption” was wrong.

County Police Chief Melissa Hyatt said in a statement that “justice prevailed” in the “heinous murder” of Caprio.

“Please continue to keep her family, friends and colleagues in your thoughts and prayers,” she said.

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