Justin Mitchell Found Guilty of Marijuana and Alprazolam Distribution and Related Charges

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FREDERICK – On February 21, 2019, a Frederick County Jury returned a guilty verdict against Justin Mitchell of Hagerstown, Maryland on the charges of Possession With Intent to Distribute Alprazolam, Possession of Alprazolam, Possession With Intent to Distribute Marijuana, Possession of Marijuana, and Possession of Metandienone.   The jury was unable to agree on a verdict for the charge of Firearm Drug Trafficking Crime and a mistrial was declared on that charge. 

On June 20, 2017, the defendant’s landlords smelled a strong odor of marijuana and entered the defendant’s room.  They saw large bags of marijuana and called 911.  Deputies responded to the residence, smelled the odor of marijuana, and a search warrant was obtained and executed.  A total of 793.9 grams of marijuana, 990 bars of Xanax, a bag containing anabolic steroids, a Mossburg shotgun, a Glock 19 handgun, a digital scale, baggies, and a vacuum sealer were seized from the defendant’s bedroom.  The defendant was not present in the residence and a lookout was placed for his vehicle.  The defendant had $2,243.00 in cash on his person when he was taken into custody.

The Honorable G. Edward Dwyer, Jr. deferred sentencing until April 10, 2019, so that a pre-sentence investigation could be completed and continued to hold the defendant without bond. 

The State was represented by Deputy State’s Attorney Nanci Hamm.

J. Charles Smith, III

State’s Attorney for Frederick County, Maryland

Court of Special Appeals Affirms Judgment of John Mullican, IV

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FREDERICK – The Court of Special Appeals of Maryland affirmed the conviction against John Mullican, IV in an unreported Opinion filed on February 6, 2019.  The defendant raised four issues on appeal.  First, the Court of Special Appeals found that the appellant’s argument was not preserved in reference that the trial court erred in admitting the 911 call.  Second, the Court ruled that the trial court did not abuse its discretion when it denied appellant’s motion for new trial.  Third, the Court perceived no abuse of discretion in the trial court’s ruling to preclude admission of a defense photo.  Fourth, the Court could not say that the trial court abused its discretion in admitting 19 injury photos into evidence.

On November 7, 2017, John Mullican, IV, of Frederick, Maryland appeared before the Honorable Scott L. Rolle and was sentenced to a total of 25 years in the Division of Correction, with all but 20 years suspended.  Upon completion of his sentence, the defendant will be placed on 5 years of unsupervised probation, with the condition of no contact with the victim.   The defendant will have to serve at least 50% of his sentence before being eligible for parole, as he was convicted of a crime of violence.   A Frederick County jury returned a guilty verdict against John Mullican, IV for First and Second Degree Assault on May 22, 2017.  The State was represented by Assistant State’s Tammy Leache.

On October 26, 2016, deputies from the Frederick County Sheriff’s Office responded to the area of Houck Road in Union Bridge, Maryland in reference to a report of a domestic disturbance in progress.  The victim stated that the defendant grabbed her and slammed her into items of furniture inside her living room.  Multiple lacerations and bruises were observed on the victim’s head, face, and arms.  The victim was taken to Frederick Memorial Hospital for treatment.  She suffered a fractured nose, injury to the right eye orbital, a laceration requiring staples on the back of her head and a subarachnoid hemorrhage.

J. Charles Smith, III

State’s Attorney for Frederick County, Maryland