FCSAO COMPLETES INVESTIGATION OF OCTOBER POLICE-INVOLVED SHOOTING IN EMMITSBURG

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FREDERICK, MD- The Frederick County State’s Attorney’s Office (FCSAO) has completed its review of an officer-involved shooting incident that occurred on October 19, 2020 at approximately 2:42pm in the area of 47 Park Drive in Emmitsburg, MD involving a deputy from the Frederick County Sheriff’s Office and a trooper from the Pennsylvania State Police. This officer-involved shooting occurred in relation to the apprehension of David Leatherman, the co-defendant of the deceased Bryan Selmer, and did not result in injury.  The FCSAO’s review focused exclusively on whether criminal charges relating to the law enforcement officers’ conduct are warranted.

 

After the review of all available evidence and application of expert opinion to that evidence, the FCSAO declines to bring criminal charges against the two officers involved. This decision is based entirely on the relevant criminal laws and standards of proof in Maryland and does not limit administrative action by the Frederick County Sheriff’s Office or civil actions where less stringent laws, rules, and legal standards of proof apply. The FCSAO’s authority extends only to criminal matters and as such we express no opinion regarding the propriety or likelihood of success of any non-criminal actions.

 

FULL REPORT:

DECLINATION – Emmitsburg 1st Shooting

 

FREDERICK TEEN SENTENCED FOR ASSAULT, HATE CRIME CHARGES

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FREDERICK, MD – This afternoon in Frederick County Circuit Court, the Honorable Judge Theresa Adams sentenced Corey Robert Welch, age 18, of Frederick, to a total of fifteen years in prison suspending all but four years in the Division of Corrections for 1st Degree Assault and Hate Crime charges. Welch must also serve five years supervised probation upon his release from prison. The defendant has been held in custody since the incident. This case was brought before the Frederick Grand Jury February 21, 2020 so that the then-17-year-old defendant could face charges in the adult system. The State was successful in keeping this case in adult court after Welch’s defense petitioned and argued to move the case to juvenile jurisdiction.

 

 

In the evening and early morning hours of February 15th and 16th, 2020, the victim and defendant were both attending a house party in the 6900 Block of Meadowlake Road in New Market. At some point in the evening, the defendant made comments toward the victim about what he perceived was the victim’s sexual orientation. Uncomfortable, the victim decided to leave the party and wait outside to be picked up by a ride-share driver. As the victim walked outside, the defendant tackled the victim from behind. Welch placed the victim in a headlock, and began strangling him while demanding his belongings.  Martin Gieser, the co-defendant, assisted by standing on the victim’s legs and holding him down.  The victim pleaded with Welch to take his belongings and stop the assault.  The victim reported losing consciousness three times during the attack as a result of being strangled.  Each time he would regain consciousness, Welch grew more and more irate, and began to beat the victim in the head.  The attack continued despite Welch and co-defendant Gieser obtaining the victim’s property.  After some time, the ride-share driver arrived on scene and observed Welch strangling and beating the victim. Welch approached the driver, and said they would be a few more minutes. Throughout the course of the attack, Welch repeatedly called the victim by anti-gay slurs.

 

On February 16, 2020 at approximately 12:37 am, deputies with the Frederick County Sheriff’s Office were dispatched for the report of the assault in progress. Deputies quickly located the victim and then positively identified both defendants as the perpetrators of the attack. Investigators determined the victim’s injuries were consistent with strangulation including red marks, swelling of the neck, and a raspy voice. Additionally, the victim sustained a concussion and leg injury.

 

The State believes that through evidence and witness accounts, Welch was motivated to attack this victim due to his perception of the victim’s sexual orientation. Assistant State’s Attorneys Laura Corbett Wilt and Will Prunka commented, “A Division of Correction sentence was appropriate for this crime.  Targeting a person because of their perceived sexual orientation is completely unacceptable.   The conviction and sentencing show our commitment to all members of the Frederick County community.  Welch’s actions caused not only physical injury, but psychological trauma that is clearly evident to this day. The victim and his family are satisfied that justice has been served and that this marks a moment of closure in this terrible ordeal.  ”

 

 

The State was represented by Juvenile Division Chief Laura Corbett Wilt and Assistant State’s Attorney Will Prunka.

 

 

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FREDERICK MAN SENTENCED FOR BASEBALL BAT ATTACK ON PARENTS

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FREDERICK, MD – This morning in Frederick County Circuit Court, Salvador Antonio Javitt, age 21, of Frederick, MD, appeared for sentencing before the Honorable Judge William R. Nicklas Jr. The defendant pled guilty to attempted 2nd degree murder and 1st degree assault, both crimes of violence, in a previous hearing on April 9, 2021. Javitt was sentenced to 30 years suspend all but 6 years for attempted 2nd degree murder and 20 years suspend all but 5 years for first degree assault, with the sentences running consecutively. The defendant will serve 11 years active incarceration. The Court also recommended the Patuxent Institution. Following his release, Javitt must complete 5 years of supervised probation. Javitt will receive credit for time served at the Frederick County Adult Detention Center since October 17th, 2019.
On October 16, 2019, Frederick County Sheriff’s deputies were dispatched to the 6700 Block of Overton Circle for the report of an assault. The 911 caller, identified as the defendant’s sister, discovered her parents suffering from severe blunt force injuries and told dispatchers that the defendant had been arguing with his parents and was no longer at the home. As part of the investigation, detectives learned that the injuries were the result of the victims being attacked with a baseball bat. Both victims were flown to the R. Adams Cowley Shock Trauma Center in Baltimore with life-threatening injuries.
Since the attack, the defendant’s parents have recovered from their injuries and asked for leniency from the court at sentencing. Due to the serious and violent nature of this attack, the State believed a strong sentence was warranted and recommended 18 years active incarceration and also recommended that the Court refer the defendant to the Patuxent Institution as part of his prison sentence.
State’s Attorney Charlie Smith commented, “It’s always difficult when you feel differently about punishment than the victims. In the end, I think the judge balanced their position against ours and came to this sentence.”
The State was represented by Violent Crimes Unit Chief Assistant State’s Attorney Rebecca Clinton and Assistant State’s Attorney Brett Engler.
Salvador Antonio Javitt

Frederick Jury Finds Man Guilty of Rape

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Frederick, MD – Late this afternoon in Frederick County Circuit Court, a jury of twelve Frederick County residents found Christopher D. Alexander, age 39, of Frederick, MD guilty of 2nd Degree Rape, 2nd Degree Assault, and possession of phencyclidine (PCP).

 

State’s Attorney Charlie Smith commented, “This young woman showed tremendous courage taking the stand to share her account of that terrible and traumatic night. Unfortunately, this kind of trauma often lasts for years. Hopefully, this guilty verdict and a lengthy sentence will help in the healing process.”

 

The victim and defendant were casual acquaintances. On the night of the incident, April 22, 2019, the victim went over to the defendant’s house for what had been arranged as an appointment to do the defendant’s hair. Alexander offered the victim several drinks and she blacked out. She awoke to him raping her, pushed him off and ran out of the residence in the early morning hours of April 23rd. She immediately went to a friend’s house nearby and the friend called the police. She was treated at Frederick Health Hospital, where they took blood and urine samples. Those samples were tested at the FBI Chemistry Unit in Quantico, Virginia where they tested positive for alcohol, phencyclidine (PCP) and a prescription antihistamine. A search of the defendant’s residence revealed a vial with a large quantity of phencyclidine (PCP).

 

The Honorable Judge Richard Sandy scheduled sentencing for July 29th, 2021 at 9:00am. Alexander faces up to 21 years in the Division of Corrections.

 

The State was represented by Family Violence Unit Chief Assistant State’s Attorney Tammy Leache.

Hogan Appoints State’s Attorney Charlie Smith to State Handgun Roster Board

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Maryland Governor Larry Hogan has appointed State’s Attorney Charlie Smith to the State’s Handgun Roster Board for the remainder of a term of four years from December 8, 2020. Smith’s name will be formally submitted on the first day of the next legislation session before the Maryland State Senate. His swearing-in is yet to be scheduled.
The Handgun Roster Board is responsible for determining which handguns may be sold in the State of Maryland. Maryland Public Safety Article 5-406 establishes that a person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster.
For more information on the Handgun Roster Board visit: https://mdsp.maryland.gov/…/Licensin…/HandgunRoster.aspx