7.18.11: Davis Pleads Guilty Following Recovery, Review of His Recorded Prison Phone Calls
July 18, 2011 -- Baltimore City Circuit Court Judge Stuart R. Berger sentenced Jermaine Davis today to five years in prison without the possibility of parole for illegally possessing a handgun as a convicted felon.
While patrolling the 400 block of North Curley Street on January 3, 2011, at 10:30 p.m., police officers noticed the smell of marijuana emanating fromt he area where a group of males were standing. When the officers approached, one member of the group, Jermaine Davis, dipped his right hand into his left inside jacket pocket, revealing the butt of a handgun, and then fled on foot. Officers apprehended him a short distance away and recovered a loaded .25-caliber semi-automatic handgun as well as a brown cigar containing what they suspected to be marijuana.
Nevertheless, Davis intended to take the stand in his own defense and deny that he possessed a handgun. Convicted felons are prohibited from possessing handguns; Davis has two prior felony drug convictions. But during pre-trial confinement, Davis betrayed himself by explaining to his girlfriend, during recorded jailhouse phone calls, that he knew his fingerprints were not on the gun because he had been careful to wear gloves when handling it. Furthermore, the arresting officer did not wear gloves when she recovered the weapon, he said, concluding that it would be impossible to link him to the gun.
After uncovering the recorded phone call, the prosecutor, Assistant State's Attorney Andrew Kowalczyk, immediately disclosed it to the defense. A day later, Judge Berger ruled the call admissible. And today, Davis, 29, pled guilty.