He's charged in connection with a May, 2005 shooting.
The trial of Charles Moore, Jr. continues on Wednesday in Frederick County Circuit Court.
Moore is charged with 1st-degree assault, attempted 1st-degree murder and other offenses in connection with a shooting in May, 2005 at the Country Hill Apartments in Frederick.
He was tried and convicted in 2006, but that verdict was overturned on a technicality by the Court of Appeals in 2010. Moore was tried a second time in 2011, but that trial ended with a hung jury.
State's Attorney Charlie Smith says the prosecution called several witnesses on Tuesday, including Frederick Police Sergeant Wayne Trapp, who was on the scene conducting undercover surveillance when the shooting occurred. He was not hit, but said he heard a bullet go whizzing by his head.
Rommell Allen, 21, of Virginia, was hit during the shooting. He was transported to Shock Trauma with injuries to his abdomen, legs and lower back.
Other witnesses called to the stand include the officers who were in the area at the time doing drug surveillance, along with a woman who witnessed it from a balcony. Smith says other witnesses will be called on Wednesday. "We're going to call some experts, some medical examiner experts, some other forensic examiners who were involved with the handgun," he says.
The State is expected to wrap up its case on Wednesday, and then the defense will make its presentation. Smith says he anticipates the case going to the jury on Thursday.
Despite the Court of Appeals ruling and the hung jury, Smith says he's confident the state's case. "We have an officer who witnessed the shooting. We have a bystander that has no relation to anyone who witnessed the shooting. And, of course, we have the girlfriend and Allen who witnessed the shootings," he says.