The witness, who is currently a member of Shomrim, testified that he was the first to arrive at the scene, and said that he may be the only third party who actually saw what happened between the Werdesheim brothers and the alleged victim, who was then 15-years-old.
Werdesheim witness describes 'most serious' situation in his life
Brothers Evi [sic – should read, Eliyahu], Avi Werdesheim on trial for alleged beating
WBAL TV News
Baltimore – A witness who may be the only third party who saw an alleged beating in 2010 depicted the events involving neighborhood patrol group members and a teenager.
Testimony continued Friday in the trial against brothers Eli and Avi Werdesheim, both accused of beating a teenager while on a neighborhood watch patrol.
A defense witness, who testified out of order because of a scheduling conflict, is currently a member of Shomrim, a Jewish neighborhood patrol group in northwest Baltimore. He was the first to not only arrive at the scene, but he may be the only third party who saw what happened between the Werdesheims and the alleged victim, who was then 16. [Sic – he was 15-years-old at the time of the incident.]
The witness said he went to the 3200 block of Fallstaff Road for a report of a suspicious person at about 12:30 p.m. on Nov. 19, 2010. The witness said he saw an African-American male teen walking up and down Fallstaff Road, walking up driveways, looking into cars and approaching front doors of houses to see if they were open.
The witness said a car containing Eli Werdesheim and at least another person arrived, at which point, Werdesheim and the alleged victim engaged in an intense conversation that the witness said he could not hear. The witness said the alleged victim swung a piece of wood at Werdesheim, who dodged it and brought the alleged teen victim to the ground, injuring his head.
The witness said he then approached, calling the situation "the most serious he's ever had to deal with." More members of Shomrim arrived and watched as they offered first aid to the teen, the witness said.
Up to this point in the case, prosecution witnesses have not been able to confirm what happened after the verbal confrontation between Werdesheim and the teen, and they have not been able to give possible accounts of what happened prior.
The alleged victim refused to testify in court Wednesday, but not before asking the judge to throw out charges against the Werdesheim brothers, who are on trial for false imprisonment, assault and possession of a deadly weapon charges.
Even if this witness is accurate and is believed by the court, it probably won't matter. In many jurisdictions, the moment the Werdesheim brothers got out of their car and confronted the teen – who was not injuring or imminently threatening anyone – they broke the law, and whatever confrontation that grew from that would be their fault.
Also, the testimony of this defense witness partially conflicts with the testimony of a retired Navy Seal who saw the immediate aftermath of the confrontation and heard the brother tell the black teen that he did not belong in this neighborhood and should get out immediately.
But time will tell.