Baltimore Sun

Prosecutor­s, police launch new gun effort

Baltimore team’s mission: target specific ‘trigger pullers’

- By Kevin Rector and Justin Fenton

Baltimore’s two top law enforcemen­t officials are assembling a team of “elite” prosecutor­s and police detectives to secure conviction­s against violent gun offenders, they said Wednesday.

What is being called the Gun Violence Enforcemen­t Division, to be housed within the office of Baltimore State’s Attorney Marilyn J. Mosby, could involve as many as 13 prosecutor­s.

Police Commission­er Kevin Davis said the Police Department will contribute at least one sergeant and four detectives, all of whom have specialize­d training and experience with gun violence.

Authoritie­s have created similar partnershi­ps in the past, but Mosby said the new team will have the added benefit of intelligen­ce gathered in the last year — including a list of 602 identified “trigger pullers” — to target specific individual­s. Police Commission­er Kevin Davis and State’s Attorney Marilyn J. Mosby announce the creation of the Gun Violence Enforcemen­t Division.

It will be organized to mirror the EXILE program used by federal prosecutor­s, officials said.

That program aims to attach long prison sentences to gun crimes.

Mosby said the unit would have one responsibi­lity: “to ensure the aggregatio­n of intelligen­ce that’s extracted from my criminal strategies unit and the Baltimore Police Department is used to not only apprehend and charge, but to convict those who are administer­ing gun violence in the city.”

Davis said police and prosecutor­s already know who is responsibl­e for gun violence in Baltimore. The new team, he said, will “ensure that every aspect of that case is the highest, highest quality, so when it gets into a courtroom, we can have a successful resolution.

“And when I say ‘ we’ can have a successful resolution, I mean the community, because the community is tired of violent repeat offenders getting out again and again and again, and we realize we have a collective responsibi­lity to do something new, something different.”

The unit is the latest initiative to be introduced in the last several years under multiple state’s attorneys and police commission­ers, and it remains to be seen just how different it will be from past collaborat­ions.

The state’s attorney’s office has been grappling for decades with how to target the worst offenders and drive down gun crime.

Before 1997, nonfatal shootings and gun charges were handled by general felony prosecutor­s who didn’t get the cases until shortly before trial.

Then-State’s Attorney Patricia Jessamy secured federal grant funding to create a unit to focus on guns: the Firearms Investigat­ion Violence Enforcemen­t — or F.I.V.E. — unit.

State grant funds allowed the unit to grow in size and scope, from a handful of attorneys to 15 prosecutor­s who handled hundreds of cases, including all nonfatal shooting and felony gun cases.

Matthew Fraling led the F.I.V.E. unit from 2009 to 2011.

“It took on a lot more than it had initially conceptual­ized,” said Fraling, now a defense attorney.

The unit kept meticulous statistics on its performanc­e, which didn’t always reflect well on its efforts, Fraling said. With its expansion, the unit was taking on all gun cases instead of being more selective.

“Our numbers were not great with regard to conviction­s, because of the nature of the cases we were dealing with,” Fraling said. “It is very difficult to get a conviction when the victim identifies a guy and then at trial says, ‘That’s not the guy that shot me,’ Baltimore State’s Attorney Marilyn J. Mosby, appearing with Police Commission­er Kevin Davis, right, says the new anti-gun crime effort “is just another step to eradicate the normalizat­ion of violence that far too many of us have become all too accustomed to.” which is quintessen­tial Baltimore.”

State’s Attorney Gregg Bernstein, Mosby’s predecesso­r, disbanded the F.I.V.E. unit in favor of a new Major Investigat­ions Unit that took on top-priority defendants regardless of whether they had been caught with a gun or not.

The unit focused on building large cases, but its prosecutor­s would also handle on a day-to-day basis seemingly minor cases against repeat offenders.

That meant other shooting and gun cases went back to the busy general felony unit, which handles a wide variety of serious cases that are not homicides or sex crimes.

Mosby said the new team will be different from both the F.I.V.E. unit and the Major Investigat­ions Unit, which still exists, because it will focus on specific gun offenders who have already been identified as top drivers of violence in the city.

There have been more than 650 shootings in Baltimore this year, officials said Wednesday, including 177 of the city’s 215 homicides. Guns are also used regularly in other violent crimes, such as robberies.

Mosby said the “dismal” closure rate for nonfatal shootings, which currently stands at 22 percent, and the recent shootings of young children, teenagers and elderly residents motivated her to launch the new team. She said the team will need help. “We need the community to ensure that our continual collaborat­ion and the impact of this unit is successful,” she said.

“The community plays a significan­t role in changing the trajectory of our city, and this is just another step to eradicate the normalizat­ion of violence that far too many of us have become all too accustomed to.”

“We have a collective responsibi­lity to do ... something different.” Kevin Davis, police commission­er

Fraling said the effort will need strong attorneys and focus to be successful.

“So many quality individual­s have left the office,” he said. “It doesn’t mean there are not still quality people there, but if she’s going to go forward with that initiative and wants it to be successful, she’s got to staff it with quality people.”

Mosby said she is still in the process of selecting prosecutor­s, but has “the most talented prosecutor­s in the country” working for her.

“We want the right person,” she said. “We’re trying to vet some of our senior prosecutor­s within the office to run the unit, and then we’re going to vet some of our most talented junior attorneys as well.”

Davis said he has already identified the members of the Police Department who will join the team, but was “just not prepared” to name them.

Mosby and Davis declined to give a date for when the team will be fully operationa­l.

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KEVIN RICHARDSON/BALTIMORE SUN

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