Recording: Judge calls teen facing murder charge in squeegee shooting not 'teachable'

BALTIMORE (WBFF) — A judge sided with FOX45 News in the effort to gain access to a hearing involving a juvenile facing first-degree murder charges for the death of Timothy Reynolds at a Baltimore Inner Harbor intersection in July 2022; the newly unsealed hearing sheds new light as to why the judge decided to try the 15-year-old as an adult.

The juvenile transfer hearing was held on Nov. 17, 2022, before Judge Charles Dorsey in the Juvenile Justice Center in Baltimore City. The defendant is 15 years old but was 14 years old at the time of the incident. The public and media were kept out of the courtroom during the hearing and eventually kicked out of the entire building.

An attorney for Sinclair Broadcast Group, the parent company for FOX45 News, filed a motion to gain access to the video recording of the hearing, and on Jan. 30, 2023, a judge granted the motion.

The hearing lasted more than five hours and included several hours of witness testimony and cross-examination. The defendant is represented by Warren Brown and J. Wyndal Gordon, two well-known defense attorneys in Baltimore. Until now, the public had to rely on what the attorneys and family members who were inside the hearing described to know what took place.

The defense team said the defendant, Tavon Scott, was enrolled in summer school at Digital Harbor High School and was squeegeeing at the known intersection of Light and Conway Streets. The defense has said the shooting was a result of self-defense, after Reynolds parked his car, crossed several lanes of traffic, and approached the group of squeegee kids with a baseball bat. There are several videos showing the interaction; some appear to show Reynolds swinging the bat, witnesses have given various versions of whether Reynolds hit kids with the bat or not. The prosecution has argued Reynolds was hit in the head with a cement block that disoriented him.

The defense said Scott was squeegeeing to make some extra cash to pay for school supplies and clothes. That characterization has been contradicted by Scott’s own mother, who, in August, told Baltimore Murder Inc. – a social media account – that her son was trying to make money for his upcoming birthday party.

“He was saving up to buy his own Airbnb for his birthday on the [July] 8th,” she said.

During the hearing, it was revealed that Scott’s father has been in and out of his life due to going to jail for various crimes. Scott also lost a relative in his childhood that had a significant impact on his life, according to the experts who testified on behalf of the defense.

The defense called Dr. Paul Archibald, a clinical social worker employed at Sarah’s House Mental Health Services in Baltimore. Dr. Archibald talked about the assessment done by the Department of Juvenile Services and how he expanded Scott’s evaluation by asking more questions.

Dr. Archibald discussed at length his method of questioning to assess what he described as racial trauma – something he said can “manifest like PTSD” in those who suffer from the diagnosis. According to Dr. Archibald, there are several factors that can be included in racial trauma – including aggressions and microaggressions about race, gender, or sex.

Dr. Archibald said he had determined the defendant suffered from racial trauma, though he failed to mention specific examples in his report after assessing Scott.

During cross-examination, Assistant State’s Attorney Michael Dunty questioned Dr. Archibald about the validity of the racial trauma diagnoses. When asked if the medical community accepted racial trauma when determining mental health concerns, Dr. Archibald said not yet.

Dunty, who also served as the lead homicide prosecutor, questioned Dr. Archibald about photos that raised questions about Scott’s involvement in the street gang, the Crips. The photos in question showed the suspect using known-gang signs, Crips-specific coloring in some photos, and another photo showing the gun itself and a black and blue backpack police said the gun was found in with a blue bandana.

Warren Brown, one of Scott’s defense attorneys, previously described the photos showing alleged gang affiliation that were discussed during the hearing. Brown said there were some images that showed washed-out coloring, except for a blue color, except Brown called it more of a teal color.

“Anything that was close to blue was mentioned. That was the first time I had heard of any Crip affiliation or alleged Crip affiliation,” Brown said, adding his client has never confirmed he is affiliated with the Crips.

Another photo was discussed during the hearing that showed what has been interpreted as a hand sign affiliated with the gang; again, Brown dismissed that notion, saying the double-C reference was really just a heart his client was making with his hands. The photo was taken while the suspect has been in custody.

“Their inference was that he must a member of the Crips because he had the blue here and there and he was making the C – [for] Crips – but really it was a heart,” Brown said.

When asked to confirm the Crips affiliation, a spokesperson for the Baltimore Police Department said because the referenced defendant “is currently on trial," any questions should be directed to the State's Attorney's Office or the courts.

There were also several victim impact statements read during the hearing, including from Tim Reynolds’ ex-wife, current wife, sister, and 19-year-old daughter.

At the end of the hearing, Judge Dorsey said he “didn’t ask for this case” and said he believes he’s a man “of integrity[and] a man who follows the law.”

“This s the toughest case I’ve had,” Judge Dorsey said.

Going through Scott’s history with marijuana use, his history of not attending school, and not taking medication relating to various depression and anxiety diagnoses, Judge Dorsey said Scott is “living an adult lifestyle.”

“This court finds that a person who participated in such a brazen, daylight shooting, would do so in the future given the opportunity,” Judge Dorsey said, adding he thought Scott is “a threat to public safety.”

The judge also took issue with what he said was a lack of remorse for Scott’s actions and empathy for the family of the victim.

Even though the Department of Juvenile Services has programs available to help Scott turn his life around, Judge Dorsey said, “the evidence is overwhelming this defendant is not amenable to treatment because of his lack of willingness.”

“There is no evidence of him being teachable.”

With new insight into the hearing, FOX45 News questioned Brown about what happened. Brown said he disagrees with Judge Dorsey’s decision to keep the case in the adult court system, especially given Scott’s lack of criminal history.

“It would be different if we tried this and tried that we haven’t tried anything on him yet. Zero,” Brown said, referring to programs and services that would be offered through the juvenile system. “I don’t think there’s going to be any sort of consideration that he is a 15-year-old, 14 at the time.”

Thiru Vignarajah, the attorney representing the Reynolds Family as the criminal case plays out, issued a statement praising the unsealing of the hearing and said they are “glad that the truth and real facts are coming out.”

“From the defendant getting a gun and mask to his lack of remorse and gang ties, the public deserves to hear why this case has to be tried as first-degree murder,” Vignarajah said.

Scott is scheduled to go to trial on July 17, 2023.

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