Deonte Baber trial: Dad of boy hit by victim's car picked homicide suspect out of photo lineup

Posted at 5:06 PM, May 14, 2019
and last updated 2019-05-14 19:10:38-04

CINCINNATI — Four days after someone shot and killed Jamie Urton in March of 2017, one of the men now charged in connection to his death picked the other man charged out of a photo lineup.

Jurors watched a video on Tuesday of Jamal Killings picking out a photo of Deonte Baber as the shooter. It was the second day of Baber's trial on a murder charge in Urton's death.

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Urton was driving down Kenton Street in Walnut Hills on March 24, 2017 when Killings' 4-year-old son ran out from between parked cars and Urton hit him, authorities have said. Urton's coworker, who was a passenger in the car, testified Monday that Urton then stopped out of concern for the boy. Then Urton was pulled from the car, beaten and ultimately shot dead.

The boy was treated at a hospital but survived.

Detective Christopher Wharton with the Cincinnati Police Department Homicide Unit testified Tuesday about the process of photo lineups. The instructions state that the suspect may or may not be shown, and the detective doesn't know the identity of the alleged perpetrator. Wharton said he didn't even know who was in the photo that Killings picked out. On Monday, the defense had said Baber and Killings don't know each other.

According to a transcript of the conversation, Killings said he was threatened with jail for allegedly assaulting Urton if he didn't pick the right photo. Killings said it was hard because "everything happened so fast."

Killings was concerned about going to jail, Wharton testified. But Wharton said Killings was also worried about what would happen at home.

"His concern was, he was fearful of having to ID the right person and then going back into the neighborhood," Wharton said.

Jurors also heard testimony from Edward Kevin Lattyak, who at the time of Urton's death was a firearms examiner supervisor in Hamilton County — he is now a crime lab supervisor in Cuyahoga County.

Lattyak described the bullets and cartridges found at the scene. He noted in his report that he believed the bullet that killed Urton was fired from a .40-caliber weapon, but the gun was never recovered.

Killings is also charged with murder in the case. He's expected to go to trial once Baber's case is over.

Baber's trial will continue Wednesday.