But “making Jacob Fortney a scapegoat in the death of Noah Jamahl Jones is not justice,” a lawyer for the defendant countered, saying that prosecutors’ version of the fight was wrong.
The contradictory opening statements marked the start of Fortney’s trial in Anne Arundel County Circuit Court on manslaughter and related charges in what has become a high-profile and racially tinged case.
Jones, 17, was about to start his senior year at Northeast High School when he died in a July 24 melee, to which two of his friends are accused of bringing a handgun and stun gun. Jones may have had a hammer, a prosecutor said.
Police initially charged four men, Fortney, 19, among them, with murder. Prosecutors’ decision to drop the charges and continue an investigation fanned racial tensions heightened by Jones’ death. The county chapter of the National Association for the Advancement of Colored People pressed successfully for a federal civil rights probe before six young men – the original four and two others – were indicted on manslaughter charges in November.
Anne Arundel County Deputy State’s Attorney William D. Roessler set the scene for jurors. Outside one home, Michael Steinbach, 20, had friends over. When one of Steinbach’s guests, Jahlil Best, saw who else was arriving about 10 p.m., he went inside and locked the door; Best’s brother had a previous problem with at least one of them.
Jones and his friends were at a nearby house, where one of them took a call from a guest who had just left Steinbach’s house and described the situation with Best. Within minutes, a group including Jones was headed to rescue Best – the first of three carloads of youths on the mission.
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After banging on a door and being told by Steinbach that Best was inside and the group was locked out, a frustrated Marion Shepherd, a friend of Jones, slugged Steinbach in the head with a gun, Roessler said. Shepherd pointed the gun at others. Soon Joshua David Bradley, Steinbach’s friend, “decided he had enough of Marion Shepherd” and, with brass knuckles, knocked him down, Roessler said.
In the ensuing brawl, Jones and his three friends – who are all black – were outmatched by the larger white youths. Jones was knocked to the ground, which resulted in what Roessler said was a serious brain injury. Two of the youths who are charged continued to kick Jones while a third, also charged, motioned for the attack to stop. Fortney did not, Roessler said.
“He ran over to where Noah Jamahl Jones was and kicked him in the head,” Roessler said. “After that blow, Noah Jamahl Jones never moved again.”
But David Putzi, one of Fortney’s lawyers, said that story was based on the word of co-defendant Bradley, 20. Bradley agreed to testify in exchange for charges being dropped. The kick by Fortney “never happened,” Putzi said.
Putzi characterized the fight as a chaotic melee in dim light brought about by Jones’ group. He said Fortney was hit in the head and had to “fight for his life.”
Roessler’s account is not consistent with the autopsy report, Putzi said.
The prosecution will begin calling witnesses today.
Others charged in Jones’ death are: Scott E. Burton Jr., 19, and Gregory M. Florentino, 21, both of Pasadena; David Michael George, 20, of Glen Burnie; and Richard Elbert McLeod, 19, of Chestertown. No trial dates have been set.
Florentino sat watching the trial yesterday, as did several friends of Jones’ and court monitors for African-American groups.
The all-white jury upset African-Americans who pressed for the charges.
“I’m disappointed that it’s not a diverse jury,” said Carl O. Snowden, a black community leader and aide to County Executive Janet S. Owens. “I think there is a lot riding on this trial. I think it’s very important that people have a perception that it is a fair trial.”
More than a dozen minorities were among the 75-member jury pool. Most were randomly assigned numbers in the latter two-thirds, and the jury box was full before attorneys reached the midpoint of the jury pool.
After defense lawyers used two of their challenges to excuse black women from the jury, prosecutors opposed the move on racial grounds during a bench conference, said Kristin Riggin, spokeswoman for the state’s attorney’s office. Judge Joseph P. Manck turned prosecutors down. Two other black women were among the four alternates chosen.
At the defense’s request, Manck asked whether potential jurors were members of the NAACP, United Black Clergy of Anne Arundel County and the Center of Hope, mostly black, local groups that pressed for prosecution in Jones’ death. No potential jurors were.