Federal Indictment Adds Second Defendant Charged With Witness Retaliation and Tampering Resulting in the Death of a Baltimore Woman

Baltimore, Maryland - A federal grand jury in Baltimore, Maryland returned a 10-count superseding indictment charging Davon Carter, age 39, and Clifton Mosley, age 41, both of Baltimore, Maryland, with two counts of conspiracy to murder a witness and one count each of witness retaliation murder and witness tampering murder, related to the murder of Latrina Ashburne, age 41, on May 27, 2016.   

The superseding indictment adds a narcotics conspiracy, and two counts of using a cellular telephone to facilitate the commission of a felony, to the charges Davon Carter already faced--specifically, being a felon in possession of ammunition and possession with intent to distribute marijuana.  Mosley is also charged with distribution of marijuana.

The superseding indictment was returned on March 5, 2019, and unsealed today at Mosley’s initial appearance before U.S. Magistrate Judge Beth P. Gesner in U.S. District Court in Baltimore. Mosley is detained pending trial.  Carter is scheduled for an initial appearance on the new charges on March 14, 2019.  Carter remains detained.

The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Maureen Dixon of the Department of Health and Human Services Office of Inspector General; Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation; Acting Commissioner Michael Harrison of the Baltimore Police Department; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Terrence B. Sheridan of the Baltimore County Police Department.

“We take witness tampering and witness retaliation very seriously,” said U.S. Attorney Robert K. Hur.  “Those who attempt to tamper with or retaliate against a witness will face federal prosecution and could receive a mandatory sentence of life in prison – or even the death penalty.” 

According to the 10-count indictment, Carter and Mosley conspired to and did kill Ashburne with the intent to retaliate against a witness for providing information to a law enforcement officer relating to the commission and possible commission of a federal offense, as well as to prevent a witness from attending and testifying in an official proceeding.   

According to the Baltimore Police Department, Ashburne was murdered in the early morning as she got into her car outside the home she shared with her mother in the 2900 block of Rosalind Avenue in the Cylburn neighborhood.  The police reported that an unknown male approached and shot Ms. Ashburne in the upper body as she tried to run.  At the time, the police also released a video they said showed the suspect running away from the scene.    

If convicted, Carter and Mosley each face a mandatory sentence life in prison for each of the two conspiracy counts, and for the witness retaliation and witness tampering murder charges. Carter faces a maximum penalty of ten years in prison for being a felon in possession of ammunition, for possession with intent to distribute marijuana, and for the narcotics conspiracy, and faces a maximum of eight years in prison for each of the two counts of using a cellular telephone to facilitate the commission of a felony.  Mosley also faces a maximum of five years in prison for distribution of marijuana.

An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. 

United States Attorney Robert K. Hur commended the HHS-OIG, the FBI, the Baltimore Police Department, the ATF, and the Baltimore County Police Department for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Sandra Wilkinson and Judson Mihok, who are prosecuting the case.

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