FOR IMMEDIATE RELEASE

NOVEMBER 3, 2021

FREDERICK, MD – This morning in Frederick County Circuit Court, Nicholas David Anderson, age 34, of Thurmont, MD, was sentenced to 25 years in the Division of Correction, suspending all but 10 years active time, after pleading guilty to 1st Degree Assault and Possession of a Shotgun by a Disqualified Person. Upon release he will be on 5 years of supervised probation.

On July 30, 2020, Frederick County Sheriff’s deputies were dispatched to a home in the 8700 block of Yellow Springs Road for the report of a fight in progress. Deputies determined that the defendant and another man had been fighting on the front porch of the home. Inside the home, the Defendant’s wife was suffering from head trauma. Investigators learned that the victim was struck twice in the head with the butt of a shotgun after an argument with Anderson, resulting in a hairline skull fracture. Anderson was prohibited from possessing firearms as the result of a prior felony conviction.

The Victim addressed the Court and offered words of advice for those currently experiencing domestic violence. She said: “You deserve someone that’s going to protect you, emotionally and physically protect you. Someone you can trust. Not someone you need protection from.”

The State’s Attorney’s Office encourages anyone suffering from domestic violence to reach out to law enforcement for help.  You are not alone.  Victims can also reach Heartly House, 24/7 at 301-662-8800 for confidential support.

The State was represented by Domestic Violence Unit Chief Assistant State’s Attorney Brett Engler.

Nicholas David Anderson

FREDERICK, MD-     This afternoon in Frederick County Circuit Court, Elvin Maxwell Addison Jr., age 41, of Frederick, MD entered a guilty plea and was sentenced before the Honorable Judge Julie Stevenson Solt. The State, defense, and Judge Solt reached a binding agreed sentence of 60 years suspending all but 25 years in the Division of Corrections. Addison plead guilty to Attempted Second Degree Murder, Armed Robbery, and Second Degree Assault on a Law Enforcement Officer. The defendant must also serve 5 years of supervised probation upon release.

On May 26, 2020 at approximately 2:16pm, Frederick Police officers were dispatched to 37 Winchester Street for the report of an armed robbery. When patrol officers arrived, they found the victim suffering from severe injuries in a carport at the location. The victim was transported by emergency medical services to Meritus Medical Center and later transferred to R. Adams Cowley Shock Trauma Center in Baltimore for treatment.

Investigators determined that the victim was the landlord of the apartment building located at 37 Winchester Street and the defendant was one of his tenants. The victim was on the property doing lawn maintenance when he was approached by the defendant carrying a handgun. The defendant fired the gun in the direction of the victim, missing the victim, and then struck the victim multiple times in the face, taking his wallet including approximately $500 in cash. The defendant then fled on foot away from the area. Detectives learned through witnesses that Addison was a suspect and placed a lookout for his vehicle. The defendant was later tracked down in the area of West Frederick in his vehicle and a traffic stop was conducted. As officers attempted to take Addison into custody, he began to resist and bit an officer in the arm. Pursuant to arrest, officers recovered $501 from Addison. Despite search efforts, the firearm from the incident was not recovered.

State’s Attorney Charlie Smith commented, “the victim in this case suffered through a long recovery process and is dealing with numbness in the face that may never go away. Meanwhile, the police officer that was attacked still has a scar from the bite wound. My hope is that these victims feel relief in knowing that this defendant will be in prison for a very long time.”

The State was represented by Chief Assistant State’s Attorney Rebecca Clinton.

Elvin Maxwell Addison Jr.

FOR IMMEDIATE RELEASE

September 24, 2021

FREDERICK, MD – Late Thursday afternoon in Frederick County Circuit Court, a jury found Clifford Edward Barnett, age 54, of Hagerstown, MD guilty of 2^nd Degree Rape, 3^rd degree sex offense, and 4^th degree sex offense. The State requested that Barnett’s $25,000 unsecured bond be revoked after this conviction. Judge William R. Nicklas Jr. ruled that the defendant could remain on bond until sentencing. A sentencing date will be scheduled by the court’s assignment office.

At approximately 7:53 am September 30, 2019, officers with the Frederick Police Department were dispatched to a home in the 600 block of Taney Avenue in Frederick for the report of a rape. The female victim was transported by Frederick County DFRS EMTs to Frederick Health Hospital for a forensic medical examination. Detectives learned through investigation that the victim and the defendant had visited several downtown Frederick bars together, along with another male friend of the victim, the night of September 29^th. The three consumed several alcoholic beverages over the course of the evening. The defendant then drove the victim and the other male friend to her house. The three continued to socialize until approximately 3am, when the victim made beds for the two men to sleep in and then went to bed in her bedroom on another floor of the residence. In the early morning hours of September 30^th, the victim was awakened to find the defendant in her bed sexually assaulting her.  She immediately jumped up and began screaming and the defendant ran out of the residence.

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

Clifford Edward Barnett

FREDERICK, MD – Child Support Awareness Month is nationally recognized each year during the month of August to focus on the importance of providing financial support for children.  It also recognizes the child support professionals who are committed to making a difference in the lives of children.

“Every child has the right to receive support from both parents even if the parents are divorced, separated, or were never married.  The Maryland Child Support Administration works with both parents to provide the financial, medical and emotional support their children need to grow and thrive.” (Maryland DHR website)

The Frederick County Department of Social Services Child Support Administration (FCDSS) provides services to both non-custodial and custodial parents, which include the establishment of paternity, establishment of child support, collection and disbursement of child support, modification and enforcement of child support orders.  For more than 20 years, the Frederick County State’s Attorney’s Office (SAO) has partnered with FCDSS to provide legal services for child support matters in Frederick County.

The Frederick County SAO is responsible for reviewing all cases referred to them by FCDSS in which a parent or caretaker has requested services to determine whether a case should be filed for paternity, support, modification or enforcement.  When appropriate, the SAO will file the pleadings in Court and represent the Department at any hearings on the matter.

COVID-19 has created many challenges to FCDSS and FCSAO in achieving this purpose.  For more than 9 months, the Courts were not hearing any child support matters due to COVID-19.  During that time, the FCSAO worked closely with FCDSS to streamline our electronic referral of cases so that we could continue to process and file cases even while the Court were shutdown.  In addition, FCSAO worked very hard to conduct out of court telephonic settlement conferences to try to resolve child support establishment and modification cases without hearings.  We are proud to say that we do not have any backlog of establishment or modification cases due to the shutdown of the Courts and we are finally able to resume the filing of contempt proceedings against non-custodial parents who are not paying their child support.  We have met the goals and expectations set for us by the State of Maryland despite the shutdown.

If you are in need of child support services, please go to the Maryland Department of Human Services Child Support Services website at www.dhs.maryland.gov/child-support-services/ .  You can apply for services on line.  You can also find information on how to fill out a request for modification of your child support at this website.

If you need to make a child support payment you can do so online at www.md.smartchildsupport.com or by calling 884-324-3855.

If you have a child support case and you have questions you can call the Department of Social Services at 1-800-332-6347 or email at fcdss.childsupport@maryland.gov.

FREDERICK, MD – In a written opinion released this morning, Circuit Court Judge Julie Stevenson Solt ruled that Ernesto Cesar Torres, age 70, of Frederick is incompetent to stand trial.  In December 2019, Defendant Ernesto Torres, was charged with ninety-eight counts of sexual offenses against nineteen separate juvenile victims from 7/2/2001 to 4/29/2019.  A hearing was held before Judge Solt on June 23, 2021 to determine the Defendant’s competency. Competency is defined as a defendant’s capability to assist counsel in preparing a defense and to understand the nature of the proceedings.

The State’s expert Psychiatrist, Dr. Danielle Robinson, of the Maryland Department of Health opined that the Defendant was competent to stand trial. However, the Defendant’s psychiatrist, Dr. Christiane Tellefsen, disagreed and believed the Defendant remains incompetent due to a delusional disorder and belief in an “Evil Black Witch”.  The Court concluded that each opinion is equally possible and therefore could not conclude, beyond a reasonable doubt, that the Defendant is presently competent to stand trial.

The court ordered that Torres continue to be held in an appropriate hospital under the supervision of the Department of Health.  Further, the Court will review competency again in 90 days and hold subsequent annual reviews.

In reaction to today’s ruling, State’s Attorney Charlie Smith commented, “It’s very frustrating that these countless victims won’t be able to confront the Defendant and have their day in court.  It often provides some closure and assists in the healing process.  With this ruling, that avenue is closed.  We still feel strongly that he is competent and fully understands the abuse that he inflicted.”