“It was a battle zone down there, so it’s difficult to connect one person to a person being shot,” said Brown, whose client, a minor, pleaded guilty to assault. “Even in our cases, it went from attempted murder to first-degree assault because they couldn’t prove they were shooting at any one person.”

Roya Hanna, who represented a teen who pleaded guilty to conspiracy to commit murder, said the case lacks witnesses. The footage mostly showed a large crowd, she said. Sometimes, you could pick out a person with distinctive clothing, but you couldn’t see whether they held something.

“The police department relies much more heavily on forensics and video than they used to, which sometimes is a good thing. But they’ve gotten away from witness interviews. Relationships with the community are more important in cases like this,” Hanna said.

“The video only goes so far,” she added. “And in a case like this — where you’re going to need to be able to establish who fired first in order to get beyond attempted murder of ‘unknown’ — you’re going to have to tell the story: ‘So and so fired at so and so because of this.’ That’s why witnesses are important, because they can give that backstory.”

Brown believes the lack of witnesses comes down to the chaos that ensued after gunfire erupted — “People are ducking, dodging, keeping their head down,” he said.

Hanna and Brown said someone could come forward with new information, particularly if they’re arrested in another crime and want leverage to benefit their circumstances. It’s also possible, they said, that police later confiscate one of the at least 12 guns used in the shootout.

Brown said Fagbemi and Gonzalez appeared to be caught in the crossfire. “People just started shooting randomly,” he said. “I don’t even think the people responsible for the deaths even know they were responsible.”

Baltimore Police said the investigation remains active and that they’re working with law enforcement partners as “new information and/or evidence emerges.”

James Bentley, a spokesman for the Office of the State’s Attorney, said prosecutors and investigators “continue to examine all angles.”

Life without justice

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