Baltimore City Police Officer charged with murder denied bail during bail review

BALTIMORE - A judge denied bail for Gahiji Tshamba. He faces murder charges, after he shot an unarmed Marine outside a Mount Vernon nightclub.

Tshamba turned himself in early Sunday morning -- police had been looking for him since an arrest warrant was issued on Friday.  

Tshamba's attorney, Adam Sean Cohen, says the reason his client was prepared to turn himself in, but went into hiding to protect himself from what he believed were credible death threats.  

Charging documents show that the Marine Tyrone Brown, from East Baltimore, was shot 12 times as the bars in Mount Vernon closed early on the morning of June 5th, not six or nine times, as was reported earlier.

Cohen says the Marine was harrassing women all night and claims his client had no choice but to use his weapon when a fight escalated, although family members say Brown threw up his hands and walked away.  Cohen explains, "A police officer in fear of his life has to do what he has to do to preserve his life. And if one shot doesn't work, two shots don't work, three, four five shots - they don't work, you fire until the threat is gone."

The warrant authorizing the arrest of Officer Tshamba was issued shortly after 3:00 Friday afternoon. He didn't turn himself in, until around 2:30 Sunday morning. It was a tense, nearly 36-hour period for police and prosecutors, who say Tshamba's status as a police officer won't change the way they move forward with his case. ‘It will be handled in a similar manner to all the other homicide investigations and prosecutions that we handle,’ said Margaret Burns, a spokeswoman for Baltimore City State’s Attorney Patricia Jessamy.

But Tshamba's accommodations at Central Booking are likely to be somewhat different from other defendants. ‘When a defendant is brought in that has ties to law-enforcement, there is some segregation available,’ Burns said.

Tshamba is charged with first degree murder, assault, and using a firearm in the commission of a crime. Investigators say he shot Tyrone Brown on after they say Brown grabbed Tshamba's female companion.

On Sunday the head of the city's police union, Det. Robert Cherry, called for patience – saying quote, ‘The FOP does not tolerate corrupt or rogue police officers; however, the FOP does believe in providing our members with an opportunity to present their side of the story. We are relieved P/O Tshamba turned himself in on his own accord to authorities to face the murder charges leveled against him … The rush to judgment in this case neither provides justice to the family of the fallen Marine nor does it provide an open and fair opportunity for P/O Tshamba to present his version of the events as they unfolded on that tragic evening in Mt. Vernon.

‘The FOP has not yet decided to pay P/O Tshamba's legal defense but we will make a determination at some point over the next several weeks. We only ask the public to give P/O Tshamba an opportunity to present his case in court as is granted every defendant charged with a crime in this great country of ours.’

Cohen says he's particularly upset with the way his client has been portrayed by the police.  He claims Tshamba was honored with a Bronze Star for saving the life of a fellow officer and also received commendations for saving a little girl and not using deadly force in an incident last year. 

The police department's investigation into the incident was finished last Monday.
The spokeswoman for the city state's attorney said Tshamba was not charged until Friday because the state's attorney's office had to complete its own investigation.

One key element is whether Tshamba identified himself as a police officer on the morning of June fifth -- which would technically put him on duty, giving him more rights than a traditional murder defendant. ‘There was just the need to clarify for the prosecutor whether or not this officer announced whether he was on duty or off duty that was an important determination in this case,’ Burns said.

Tshamba's next court date will be a preliminary hearing on July 13th.