Charles Village Court Watch

James Cureton is charged with shooting three people on October 12, 2011 in the 1100 block of Gorsuch Avenue in Better Waverly.  Tanise Ervin died, and Darnell Barksdale and Rashad Jenkins were injured.  Charges are first degree murder, two counts of attempted first degree murder, use of a firearm in a violent felony and lesser charges.

The day began with cross examination of Carrin Cunningham.  She is 28 years old, is a high school graduate, and is employed doing patient transportation at Mercy Hospital and as a dancer.  She met the defendant while dancing, and they have a loving relationship.  They started dating on March 6, 2011 which is the day they met.  They spent two nights (March 8 and 9, 2011) at America's Best Value Inn on Frankford Avenue, and receipts were introduced as defense exhibits.  She was not aware of the killing on March 12.

On April 1, 2011, she and Cureton were arrested in connection with drugs, but the charges were later dismissed.  In the case now on trial, Cureton was charged on April 25, 2011.  2G called her Princess and said he was sorry he had involved her in drugs.  She does not recall whether Cureton had asked her to research Darnell Barksdale on her computer.  She told Cureton and his father about an alibi.

She would never lie for Cureton.  On December 13, 2011, she spoke to Cureton's attorney Jack Rubin in his office and gave background information.  She told Rubin that she had taken a photo of Cureton the night of March 12.  She identified the photo which is a defense exhibit.  On March 12, Cureton was wearing the same as in the photo, a well fitted jacket and a plaid shirt.  He looked the same as now.

She is not worried about being caught in lies.  She gave a statement to Detective Brummer saying that Cureton had been with her that night (March 12).  It was a voluntary statement, and she had no chance to look at it or to correct it.  She told the detective that she had locked the key in her can and had had to call AAA.  She does not want to change any testimony.

On redirect examination, she said that she had been arrested on April 1, 2011 on a drug charge, that she knew nothing about it, and that it had been dismissed.  She does not know concerning Cureton.

Police came around to her house all the time starting a couple of weeks after April 1.  On February 12, 2012, she talked to Detective Brummer who asked questions she had answered before.

On March 12, 2011, she was with Cureton before 2:30 and after 6:30, as stated Monday during direct examination.

The witness was excused.

The state next called Detective Yamin.  He supervises the cyber and electronic crimes unit in the Baltimore City Police Department.  He was asked by Detective Brummer to examine Cunningham's laptop computer.  The gist of his testimony is that there were no photos on the hard drive from March 12, 2011, and that the photo of Cureton was taken on March 13.

Next, the state called Juanita Brown, the mother of Tanise Ervin.  She was living in a facility for mothers and daughters on Gorsuch Avenue.  Tanise Ervin had come to live with her early in 2010, having lived before with her grandmother in West Virginia.  Tanise had wanted a more exciting life.  She had come as a senior at W. E. B. Dubois High School.  Tanise's graduation photo was introduced.  Where they lived is a residential area with a grocery.  Nearby are Giant, other stores and restaurants.  The store on the block is a small grocery and carryout.

Tanise was a fine, loving, caring person.  Rashad Jenkins was one of her closest friends.  They would play cards, listen to music, walk to Greenmount Avenue.  They were not boyfriend and girlfriend.  Jenkins respected basic house rules.  If Ms. Brown did not know them, they did not come.  Jenkins lived on Loch Raven down the street.  Barksdale was not there as often, and she does not know where he lives.  He and Tanise were friends but not as close as she and Jenkins.  Neither went to high school with Tanise.

On March 12, 2011, Tanise got home from work at the McDonald's on Greenmount [and 29th].  She changed shoes and was about to go back to work with Rashad for a free meal for both.  She wanted the summer to herself and planned to start college in the fall to study nursing.  Ms. Brown saw Tanise leave, then got a call: "Ma, come outside, Tanise just got shot."  Everyone called her Ma.  "Tanise was laying on the ground, but the police would not let me touch her."  She saw Jenkins on the steps, and he said: "Ma, I'm sorry."  "Sorry for what?"  "Tanise not moving."  She did not see Barksdale, and she learned only later that Jenkins and Barksdale had been shot.  She saw Jenkins at the hospital, and she saw Barksdale months later at a cookout for Tanise.  Barksdale had Tanise tattooed over his eye.

When Ms. Brown saw Tanise on the ground, Tanise looked dead and had blood coming out of her nose and mouth.  She accompanied Tanise to the hospital and learned from a doctor that Tanise was dead.

The morning ended with the playing for the jury of the one jail call that had not been played Monday because it had needed to be redacted.  Without the transcript (which the jury had),  I could make little out of what was being said.

In the afternoon, Darnell Barksdale was called to the stand.  He was wearing yellow prison clothing.  The jury was told that he was in pretrial detention.  Judge Fletcher-Hill told the jury to reach no adverse conclusion from the fact that Barksdale is in custody.

On direct examination, Barksdale said that on March 12, 2011, he was shot in the leg.  Tanise was also shot and died.  He thinks someone else was also shot but does not know.  He was living in West Baltimore.  He spoke to the detective subsequent to the shooting and does not remember whether the interview was taped.  The shooter was not in the courtroom, is real dark and about 6'5", taller than the 5'11" witness.  He had his back to the shooter, heard gunshots, and was not paying attention to how many.  He does not remember whether the shots were spaced or rapid fire.  He spent two days at Bayview Hospital.  Two  bullets went through his side (hip).  One bullet was taken out of his leg.  Tanise was cool like anyone else in the neighborhood, and she was 19.  It was wintertime.

When she was shot, Tanise was right behind him, almost touching.  He met with a white male detective.  He does not remember whether he was interviewed on March 24, 2011,  Above his right eye is a tattoo saying: "Rest in peace Tanise."

Prior to March 12, 2011, Barksdale was incarcerated.  He had been out 12 days when shot.  He has been incarcerated multiple times.  He does not know the defendant, saw him on the news but never in person.  He does not recall an argument in 2006 with the defendant.  In 2006, he lived in West Baltimore but stayed on Homestead Street.

A transcript from an interview was read piecemeal to the defendant.  He told Detective Brummer that he was coming out of the store with Tanise and Rashad, heard gunshots, fell.  Tanise's friend was there.  She did not run, fell down across the street.  He hobbled across the street, got people to call for an ambulance.  He said he had heard shots.  Only law enforcement was in the room with him.  He knew Rashad as a kid in the neighborhood.  Barksdale is 27, Rashad younger.  To most of this from the transcript, Barksdale claimed not to remember.

On cross examination by the defense, Barksdale heard that he was the victim, no one did anything to cause the shooting, and Tanise is his homegirl.  You want to catch the guy who shot.  You told Brummer that you had no idea who shot.  In 2006, assume Cureton was stabbed and almost died.  You had nothing to do with it.  The man who shot is not in the courtroom.  All this was acknowledged by Barksdale.

On redirect examination, Barksdale acknowledged having been shot three times.  He had told police that he could not identify the shooter, but now he says the shooter is 6'5" and dark.  He has never seen the defendant except in the news.

At 3:23, the court took a break.  At 3:33, Rashad Jenkins, who was to be the next witness, ran out of the courthouse as nobody could stop him.

Court reconvened at 4 p.m., and a neighbor was called.  I have decided not to give her name here.  She lives near Gorsuch Avenue.  Barksdale had three boys by her daughter, and he had lived with her.  She knows Darnell Jenkins, and she knows the defendant at BG.  She has seen the defendant about two to three times per week.  The defendant and Darnell Barksdale knew of each other.

On November 20, 2006, she saw an argument between Darnell and BG on Gorsuch and Independence.  The defendant had blood on the front of his shirt.  She learned of the fight from a knock on her door and ran around the corner.  She wanted to see if the fight involved any of her boys; she has 17 kids.

She met Detective Brummer at the state's attorney's office and gave a taped statement.  She identified both Darnell Barksdale and BG from photo arrays (introduced into evidence).

On cross examination, the witness said that she had not seen Barksdale with a knife, had seen no weapons and had not talked to police then.  A couple of detectives had come to her house when her son had been a suspect.

On redirect examination, the witness said that she had been asked about Darnell and had said what she had observed.  Her son was not charged.

After this last witness of the day was excused, the state entered into evidence medical records for Rashad Jenkins, Darnell Barksdale and defendant James Cureton.  Nothing was said about them.

The trial will resume Friday morning at 9:30.  Tomorrow {Thursday) will be skipped.


Tyrone Alston is charged with fatally shooting his girlfriend Tashawna Jones in the back of the head last October 12 at 26th Street and Guilford Avenue.  Yesterday, he appeared in reception court for the first time since his arraignment.  His attorney was absent due to an emergency, another attorney was standing in, and the state said that it was ready for trial.  Trial in reception court was postponed to Monday, August 5 at 2 in room 420 Courthouse West.