Prosecution rests case in Dover murder trial, defense to speak Monday

DOVER — A recorded prison phone call supposedly showed a defendant acknowledging having a 9 millimeter handgun allegedly used to fatally shoot Jameir Vann-Robinson outside an after-prom party in Dover last year, the prosecution maintained at trial.

Upon cross examination on Thursday, however, a Dover Police detective confirmed that a probable cause sheet he authored listed a .40 caliber firearm as the one believed to be in Ahmir Bailey’s possession in the early morning hours of May 13, 2018, During the phone call, Mr. Bailey appeared to be confused about the firearms references in court documents.

Ahmir Bailey

Mr. Vann-Robinson, 20, of Smyrna, was pronounced dead soon after arriving at Bayhealth-Kent General Hospital in Dover via private transport just before 3 a.m., according to testimony. He suffered a fatal gunshot wound to the lower left back while in the unit block of Mitscher Road.

The prosecution rested its case around 2:30 p.m. and the trial will resume at 9 a.m. Monday. The defense will then present its side and closing arguments could come by the afternoon.

While much of a nearly 13-minute audio of a phone call between Mr. Bailey and his then-girlfriend was inaudible, prosecutors replayed the few seconds when “the nine” was apparently discussed by Mr. Bailey.

From the witness stand, the detective said that while “I was trying to listen to calls as I could” he didn’t listen to all of Mr. Bailey’s contacts following his arrest and incarceration on May 14, 2018.

Police said there were hundreds of calls involving Bailey and other unrelated cases under investigation, which didn’t allow the time to review each communication in Mr. Bailey’s case.

The detective believed that a reference to Lincoln resident Mr. Bailey, now 20, allegedly having “.40” and co-defendant Eugene Riley “nine” was referencing ammunition allegedly shoplifted from Dick’s Sporting Goods in Dover prior to the alleged shooting. Milford resident Mr. Riley, 18 when arrested, was charged as well and has a separate case ongoing.

Charges against Mr. Bailey include first-degree murder and attempted murder, along with multiple counts of possession of a firearm during the commission of a felony, shoplifting, conspiracy, burglary, possession of firearm/ammunition by person prohibited and theft.

Mr. Bailey was arrested on May 14, 2018 and indicted on Nov. 5, 2018. His defense team includes attorneys Zachary A. George and Andre’ M. Beauregard. Deputy Attorneys General Kevin Smith and Gregory R. Babowal are prosecuting for the state.

On Wednesday, jurors, Resident Judge William L. Witham Jr., attorneys and court staff were transported 1.5 miles via charter to the Mitscher Road area where Mr. Vann-Robinson was shot. Three spots were noted and the judge instructed jurors them not to be considered as evidence.

The rare site visit was believed to be the first in Delaware since 2007, attorneys said, and first in memory in Kent County. The defense made the request, which was not opposed by prosecutors and approved by the judge. The journey lasted about 40 minutes round trip.

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