1387/25•Schwartz, Everette v. State
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Circuit Court for Baltimore City Case Nos. C-24-CR-24-001352 and C-24-CR-24-001356 UNREPORTED IN THE APPELLATE COURT OF MARYLAND Nos. 1284 and 1387 September Term, 2025 ______________________________________ EVERETTE SCHWARTZ v. STATE OF MARYLAND ______________________________________ Graeff, Ripken, Eyler, Deborah S. (Senior Judge, Specially Assigned), JJ. ______________________________________ PER CURIAM ______________________________________ Filed: October 14, 2026 *This is a per curiam opinion. Under Rule 1-104, the opinion is not precedent within the rule of stare decisis, nor may it be cited as persuasive authority.
— Unreported Opinion — ______________________________________________________________________________ Convicted by a jury in the Circuit Court for Baltimore City of two counts of wearing, carrying, and transporting a handgun on or about his person, one count of wearing, carrying, and transporting a handgun in a vehicle, and two counts of illegal possession of a regulated firearm, Everette Schwartz, 1 appellant, presents for our review a single issue: whether the evidence is insufficient to sustain the convictions. For the reasons that follow, we shall affirm the judgments of the circuit court. Mr. Schwartz was charged by indictment in circuit court case number C-24-CR-24- 001352 (hereinafter “24-1352”) with committing, on January 20, 2021, numerous offenses, including wearing, carrying, and transporting a handgun on or about his person, wearing, carrying, and transporting a handgun in a vehicle, and illegal possession of a regulated firearm. Mr. Schwartz was also charged by indictment in circuit court case number C-24- CR-24-001356 (hereinafter “24-1356”) with committing, on January 28, 2021, numerous offenses, including wearing, carrying, and transporting a handgun on or about his person, and illegal possession of a regulated firearm. At trial, the State presented evidence that at approximately 12:23 a.m. on January 20, 2021, police officers were dispatched to the 1900 block of North Chester Street in response to a call for a possible shooting. At that location, officers discovered Tavaughn Anderson, who was sitting in the driver’s seat of a Dodge Charger and had suffered gunshot wounds. Mr. Anderson was transported to Johns Hopkins Hospital, where he was pronounced deceased. A crime laboratory technician subsequently responded to the 1700 block of North Chester Street, where she discovered 1 Mr. Schwartz is also identified in the record as “Everett Schwartz”. For consistency, we shall identify him as “Mr. Schwartz.”
— Unreported Opinion — ______________________________________________________________________________ 2 ten .40 caliber cartridge cases. A detective reviewed video footage recorded by nearby “CCTV” cameras and observed an Acura MDX “turning from North Avenue, making a right, [and] going south on Chester” Street “toward [Mr. Anderson’s] vehicle.” The Acura “had a sunroof,” “running boards,” “silver on top of [the] running boards,” and a “tag” that “was kind of over . . . to the right” of the vehicle instead of “dead in the middle.” The State played the CCTV footage for the jury. On the evening of January 28, 2021, Clifford Davenport was driving his gold Acura on Wilkens Avenue when a car with tinted windows stopped in front of him. Mr. Davenport exited his Acura, walked toward the car, and “had words” with the driver, who was a Caucasian male wearing a mask. When Mr. Davenport walked back to his car, he heard shots, and was struck in his side. Mr. Davenport was transported to Shock Trauma, where he told a detective that the shooting occurred in the 1700 block of Wilkens Avenue. At that location, police officers discovered ten .40 caliber cartridge cases. Officers subsequently “examined [a] CityWatch camera and were able to identify vehicles that were involved.” The officers also “conducted what is called a license plate reader area search,” and obtained a video recording made by a surveillance camera located at 1647 Wilkens Avenue. On the recordings, a detective observed “a silver . . . Acura MDX” with “a license plate . . . mounted . . . slightly down and to the right.” The Acura also had “heavy dents” and “chrome and black running boards[] or side steps,” and the side windows “appear[ed] to be heavily tinted.” Using the license plate readers, the officers “were able to find a vehicle that matched the suspect vehicle’s description,” specifically “an Acura MDX
— Unreported Opinion — ______________________________________________________________________________ 3 bearing a license plate of 1EL8169.” Through “various databases[] like the MVA,” the officers determined that the registered owner of the Acura was Mr. Schwartz. On January 29, 2021, Madison Shertinger was driving on Patapsco Avenue when she saw a four-door silver sedan that had flipped onto its hood. Ms. Shertinger also saw a Caucasian male “leaving the scene where the car was.” Police officers went to the site of the vehicle and discovered that it was an Acura MDX with the same license plate number as the Acura owned by Mr. Schwartz. A crime laboratory technician processed the vehicle and discovered, on the inside of the front driver’s side door, a cell phone. Officers also discovered documents bearing Mr. Schwartz’s name. Mr. Schwartz subsequently contacted police and “reported a robbery shortly after . . . the vehicle accident.” Mr. Schwartz stated that his phone number was 443/488-1945, and that his address was 3815 St. Margaret Street. After officers completed the search of the Acura, they released the vehicle to Mr. Schwartz. The cell phone was subsequently analyzed by Federal Bureau of Investigation Special Agent Michael Fowler, who was admitted at trial as an expert in “the field of historical cell site analysis.” Agent Fowler testified that he analyzed data related to the phone number provided by Mr. Schwartz and issued a report. In the report, the agent determined that at 10:41 p.m. on January 19, 2021, the number was used to make an outgoing call that utilized a cellular tower northeast of 1700 North Chester Street. At 12:31 a.m. on January 20, 2021, the number was used to make an outgoing call that utilized a cellular tower west of that address. The number was subsequently used to make two outgoing calls that utilized a cellular tower southwest of that address. Agent Fowler further
— Unreported Opinion — ______________________________________________________________________________ 4 determined that at 6:54 p.m. on January 28, 2021, the number received an incoming call that utilized a cellular tower northeast of 1700 Wilkens Avenue. At 10:54 p.m., the number was used to make an outgoing call that utilized a cellular tower just west of that address. The number was subsequently used to make five outgoing calls that utilized cellular towers near 3815 St. Margaret Street. The State also called two experts in “the field of firearms examination, analysis[,] comparison[,] and identifying.” The first expert testified that the cartridge cases recovered on Chester Street “had marks that were consistent with having been fired with the same unknown firearm,” and that the cartridge cases recovered on Wilkens Avenue “were identified as having marks that were consistent as having been fired with the same unknown firearm.” The second expert testified that the cartridge cases recovered on Chester Street and Wilkens Avenue “were consistent with having been fired by a particular, by the same unknown firearm.” The parties subsequently stipulated that Mr. Schwartz “was previously convicted of a crime that disqualified him from possessing a regulated firearm on January 20th of 2021 and January 28th of 2021, under Maryland law.” Following the close of the State’s case, defense counsel moved for judgment of acquittal, stating: [B]eginning with the . . . case ending in 1352, . . . which is also the – the first in time, that’s the January 20th, 2021 case, . . . now being in the light most favorable to the State, I will submit . . . on that motion at this time. * * * [N]ow moving on to . . . the case ending in 1356, which is the . . . January 28th, 2021, . . . incident, which . . . does not contain the . . . correct location,
— Unreported Opinion — ______________________________________________________________________________ 5 . . . I would move for judgment of acquittal[.] . . . I’ll submit with regard to . . . Counts 1 and 2 and 4 through 6. [W]ith regard to Count 3, . . . attempted robbery, even in the light most favorable to the State, there’s been no evidence . . . presented, suggested or anything of that nature that there was any sort of attempted robbery with regard to . . . Mr. Davenport, . . . so we would move for . . . judgment of acquittal with regard to Count 3, again, submitting on Counts 1, 2, 4 through 6. The court granted the motion with respect to the count of attempted robbery, and denied the motion with respect to the remaining counts. Following the close of the evidence, defense counsel renewed his motion for judgment of acquittal, stating: [A]t the end of our case our position is that . . . no rational trier of fact could find . . . beyond a reasonable doubt Mr. Schwartz . . . guilty of these charges. [I]n . . . the case ending in 1352, . . . as well as in the . . . case ending in . . . 1356, given the . . . lack of direct evidence, . . . no eyewitnesses, no specific video or anyone identifying specifically . . . Mr. Schwartz to . . . either of these cases, so we would move for judgment of acquittal based on that, [Y]our Honor. The court denied the motion. Following closing arguments, the jury convicted Mr. Schwartz in case number 24- 1352 of wearing, carrying, and transporting a handgun on or about his person, wearing, carrying, and transporting a handgun in a vehicle, and illegal possession of a regulated firearm. In case number 24-1356, the jury convicted Mr. Schwartz of wearing, carrying, and transporting a handgun on or about his person, and illegal possession of a regulated firearm.
— Unreported Opinion — ______________________________________________________________________________ 6 Mr. Schwartz contends that, for numerous reasons, the evidence is insufficient to sustain the convictions. The State counters that Mr. Schwartz’s “claim of error is waived.” Alternatively, the State contends that the court “correctly denied Mr. Schwartz’s motion for a judgment of acquittal.” We first conclude that some of Mr. Schwartz’s arguments in support of his contention are not preserved for our review. Rule 4-324(a) states that in moving for judgment of acquittal, a “defendant shall state with particularity all reasons why the motion should be granted.” Here, defense counsel stated with particularity only that the State failed to produce “direct evidence, . . . eyewitnesses, . . . specific video[,] or anyone identifying specifically . . . Mr. Schwartz.” Defense counsel did not make any other arguments, and hence, we shall not reach any arguments made for the first time in Mr. Schwartz’s briefs. We further conclude that Mr. Schwartz’s contention is without merit. The Supreme Court of Maryland has long held that “generally, proof of guilt based in whole or in part on circumstantial evidence is no different from proof of guilt based on direct eyewitness accounts.” State v. Smith, 374 Md. 527, 534 (2003) (citation omitted). Here, the State produced evidence that an Acura MDX resembling one later determined to be owned by Mr. Schwartz was observed, on CCTV footage, in the area of the January 20, 2021 shooting of Mr. Anderson. The Acura was later observed, on CCTV footage, in the area of the January 28, 2021 shooting of Mr. Davenport. The Acura located near the shooting of Mr. Davenport bore a license plate identical to that found on Mr. Schwartz’s Acura. Cartridge casings discovered at the sites of the shootings were determined to be consistent with
— Unreported Opinion — ______________________________________________________________________________ 7 having been fired by the same firearm. Agent Fowler determined that Mr. Schwartz’s phone number was used in the area of the shooting of Mr. Anderson at the time that it occurred, and in the area of the shooting of Mr. Davenport at the time that it occurred. Agent Fowler further determined that following the shooting of Mr. Davenport, the number was used in the area of Mr. Schwartz’s address. From this evidence, a rational trier of fact could conclude beyond a reasonable doubt that Mr. Schwartz wore, carried, transported, and possessed the firearm used in the shootings of Mr. Anderson and Mr. Davenport and that fired the cartridge casings discovered at the sites of the shootings, and hence, the evidence is sufficient to sustain the convictions. JUDGMENTS OF THE CIRCUIT COURT FOR BALTIMORE CITY AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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