2nd TEEN PLEADS GUILTY IN 2019 GREAT FREDERICK FAIR ATTACK

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Frederick, MD – This morning in Frederick County Circuit Court, a 16-year-old respondent pled guilty to one count of 2nd Degree Assault in connection with the September 2019 attack of John Weed at the Great Frederick Fair. Judge Julie Stevenson Solt scheduled the Disposition Hearing for August 12th.   At that hearing, the State will ask the Court to commit the youth to a placement with the Department of Juvenile Services.  The State had pursued a waiver to move the 16-year-old’s case to adult court. However, Judge Solt ruled in February that the respondent would remain in the juvenile system.

On the evening of September 20th, 2019, John Weed was enjoying a family night at the fair when he was approached by the 16-year-old juvenile male, his 15-year-old brother, and a couple of their friends.  The 15-year-old teen and another youth asked Mr. Weed for money.  Mr. Weed said “no”.  The youth kept pursuing Mr. Weed, despite family members begging the youth to leave him alone. The respondent pursued the victim, punching him in the back of the head. As Mr. Weed squared up with the respondent, his 15-year-old brother came running from a distance and punched Mr. Weed with such force that photos indicated he likely lost consciousness almost immediately. As Mr. Weed laid unconscious on the ground, the respondent spat on him. Mr. Weed ultimately died of his injuries the next day at Shock Trauma in Baltimore.

The 15-year-old co-respondent in this case pled guilty to manslaughter on April 29, 2020. During an adjudication hearing May 15th, Judge William R. Nicklas Jr. followed the State’s recommendation that the respondent be placed in a long-term behavioral modification program.

The family of John Weed participated in this morning’s hearing via video conference. They have appeared regularly for all of the hearings since the teens arrest in September 2019. Weed’s family supported placement in an appropriate juvenile treatment program for both respondents.

The State was represented by Chief Assistant State’s Attorneys Laura Wilt and Rebecca Clinton.

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FREDERICK TEEN TO BE PLACED IN LONG-TERM JUVENILE BEHAVIORAL MODIFICATION PROGRAM

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Frederick, MD –  This morning in Frederick County Circuit Court, a disposition hearing was held for the 15-year-old juvenile charged in the death of John Weed at the Great Frederick Fair last year. Judge William R. Nicklas Jr. followed the State’s recommendation that the respondent be placed in a long-term behavioral modification program. Nicklas commented that, “this is a flat out horrible case” and that this was an “unprovoked sucker punch.” Mr. Weed did nothing to deserve being hit or pursued by these youth. The respondent will remain in the custody of the Department of Juvenile Services pending placement in a program.

Following the hearing today, State’s Attorney Charlie Smith stated, “In the juvenile system, this is the best we can do for the family. It’s also what is right at this time for the offender given his status as a juvenile. Nothing will bring back their loved one, but I hope that they can begin to heal a little more now that this part is behind them.”

In Frederick County Circuit Court April 29th, the respondent pled guilty to Manslaughter for the September 20th offense at the Frederick Fair. The State requested that the youth be tried as an adult, but after a lengthy hearing in February the Court determined he would remain in the juvenile system.    Mr. Weed’s family participated in today’s hearing via video conference. They faithfully attended every hearing, and wanted to see the youth held accountable in an appropriate juvenile residential program.

On the evening of September 20th, 2019, John Weed was enjoying a family night at the fair when he was approached by the 15-year-old juvenile male and a couple friends.  The teen and another youth asked Mr. Weed for money.  Mr. Weed said “no”.  The youth kept pursuing Mr. Weed, despite family members begging the youth to leave him alone.  The facts that the teen stipulated included that he hit Mr. Weed twice as Mr. Weed walked away, then his brother got involved and hit him twice. When Mr. Weed was facing his 16-year-old brother, the respondent came running from a distance and punched Mr. Weed with such force, the photos indicate he had lost consciousness almost immediately.   Mr. Weed never regained consciousness and died of his injuries the next day at Shock Trauma in Baltimore.   The facts as detailed in the Courtroom on April 29th indicated that all the witnesses who were present for the entire incident, including the respondent himself, said that there were no racial slurs used.

The 16-year-old co-respondent charged as a juvenile with two counts of 2nd Degree Assault is pending trial.

The State was represented by Chief Assistant State’s Attorneys Laura Wilt and Rebecca Clinton.

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FREDERICK FAIR RESPONDENT PLEADS GUILTY TO MANSLAUGHTER

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Frederick, MD –  Today in Frederick County Circuit Court, a 15-year-old respondent pled guilty to Manslaughter for the September 20th offense at the Frederick Fair that resulted in the death of Mr. John Marvin Weed of Mount Airy. The State requested that the youth be tried as an adult, but after a lengthy hearing in February the Court determined he would remain in the juvenile system.    The youth has been held in detention since the incident, and remains there pending a disposition hearing on May 15, 2020 at 11a.m.   Mr. Weed’s family participated in today’s hearing via video conference, and will be involved in the disposition hearing as well.    They have faithfully attended every hearing, and want to see the youth held accountable in an appropriate juvenile residential program.

The offense occurred September 20, 2019 at the Great Frederick Fair.  Mr. Weed was enjoying a family night at the fair when he was approached by the 15-year-old juvenile male and a couple friends.  The teen and another youth asked Mr. Weed for money.  Mr. Weed said “no”.  The youth kept pursuing Mr. Weed, despite family members begging the youth to leave him alone.  The facts that the teen stipulated included that he hit Mr. Weed twice as Mr. Weed walked away, then his brother got involved and hit him twice.   When Mr. Weed was facing his 16-year-old brother, the respondent came running from a distance and punched Mr. Weed with such force, the photos indicate he had lost consciousness almost immediately.   Mr. Weed never regained consciousness and died of his injuries the next day at Shock Trauma in Baltimore.   The facts as detailed in the Courtroom on Wednesday indicated that not one witness who was present with the respondent, nor Mr. Weed’s family, nor the teen himself, said that this was a race-related incident.  All of the individuals were interviewed by the Frederick County Sheriff’s Detectives and never accused Mr. Weed of using any racial slur.

Following today’s hearing, State’s Attorney Charlie Smith commented, “Holding him responsible for the manslaughter was the very first thing we wanted to accomplish for the family and community, regardless of whether he was tried as an adult or juvenile.  The family and my prosecutors are pleased that has now occurred.” Smith added, “We now turn our efforts toward the disposition set for May 15.  Since the judge made the decision to keep him in the juvenile system, that means the judge and juvenile services will focus on his rehabilitation, not punishment like the adult system.  That’s a reality that we have to deal with, and one the family understands as well.”

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Jefferson Woman Enters Guilty Plea to 1st Degree Murder

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FREDERICK – This morning in Frederick County Circuit Court, Hestina Lakeisha Harris, 24, of Jefferson, MD entered a guilty plea to 1st degree murder. Judge Scott Rolle sentenced Harris to life, suspending all but 60 years to serve. As part of the plea agreement, the State maintains the right to veto any modification of the sentence. Harris must serve 5 years of supervised probation upon release, with all standard conditions. “This has been a delicate situation where the victim’s family is also the family of the defendant. Quite frankly, we just haven’t seen eye to eye. Our obligation to the community always prevails, which is why we were not willing to go below the 60 year sentence,” stated State’s Attorney Charlie Smith. “Deputy State’s Attorney Kirsten Brown and Assistant State’s Attorney Erin Pearl worked very hard to gain a conviction in the first trial, and short of this substantial sentence, were willing to do so again,” Smith stated further.

On December 22, 2014 at 2:37 pm, the Frederick County Emergency Communication Center began receiving 911 calls regarding a stabbing in the 5400 block of Burkittsville Rd., Burkittsville, MD. Police and EMS were dispatched to the home.

The victim, Lillie Marie Morris, age 67, was discovered in the front yard of her home. A passing motorist saw Ms. Morris lying face down on the lawn attempting to lift herself off the ground. The

motorist turned around in her vehicle and parked in the Morris driveway. She honked her horn in an attempt to get the attention of someone in the home believing at first it was a medical emergency. She exited her car and attempted to call 911 as she approached the victim, Ms. Morris. The defendant, Hestina Harris, then exited from the home yelling in what the witness described as a “growl”. The motorist advised her to go inside and call 911. Witnesses stated that at no time did Harris render aid to the victim.

Lillie Morris was pronounced deceased by EMS personnel on scene, and her body was transported to the Office of the Chief Medical Examiner in Baltimore where the manner of death was determined to be homicide. The cause of death was sharp force injuries to several of her major organs.

 

UPDATE: FREDERICK FAIR WAIVER HEARING #2 JUDGE ISSUES WRITTEN OPINION IN 15-YEAR-OLD’S CASE

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FREDERICK, MD – In a written legal opinion released today, Frederick Circuit Court Judge William R. Nicklas Jr. ruled that the 15-year-old respondent charged in connection with the Great Frederick Fair attack on John Weed September 20, 2019, will remain in the juvenile system. The respondent is charged with manslaughter, 1st degree assault, and 2nd degree assault.

After reviewing Judge Nicklas’ ruling, State’s Attorney Charlie Smith commented, “Prosecutors Rebecca Clinton and Laura Wilt worked very hard to provide a compelling argument for waiver. However, we have to respect the Judge’s ruling while continuing to seek justice for Mr. Weed’s family. Smith added, “This has been a sad situation that unfortunately has divided our community. We will continue to fight for the victim’s family, while respecting the decision.”

A waiver hearing was held on February 21st in which the State and defense presented arguments. A waiver hearing is a hearing in which the Court decides whether to grant or deny the State’s request to waive the juvenile to adult court jurisdiction.    The State filed waiver petitions on both juveniles charged in this case which alleged that based on a number of factors the particular youths should be tried as adults, rather than in juvenile court.  The factors the court considers include the seriousness and nature of the offense, public safety, age of the youth, mental and physical condition, and the youth’s alleged amenability to juvenile rehabilitative measures.

Judge Julie Solt ruled that both respondents charged in the Frederick Fair incident would have closed courtroom waiver hearings, meaning anyone not directly involved in the case is not permitted inside.  Judges often close the courtroom to the public for juvenile proceedings to protect the confidentiality of matters about the youth.

 

 

Both respondents in this case have now had waiver hearings and it has been determined that they will remain in the juvenile system.

 

MIDDLETOWN MAN ENTERS ALFORD PLEA IN ANIMAL CRUELTY CASE

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FOR IMMEDIATE RELEASE

February 24, 2020

FREDERICK –Thomas Mackey, age 34, of Middletown, entered an Alford Plea to Aggravated Animal Cruelty before the Honorable Judge Dwyer of the Frederick County Circuit Court.  The State argued for a suspended sentence but Judge Dwyer sentenced the Defendant to Probation before Judgement and ordered three years supervised probation with the special conditions of mental health treatment, random checks by Animal Control, and prohibition to owning new animals for the period of probation.

On December 2, 2018, Frederick County Sheriff’s deputies and Animal Control officers were dispatched to the 5400 block of Urbana Pike for a 911 call reporting physical abuse of a guinea pig. Witnesses stated that Mackey was sitting inside a parked vehicle in the parking lot striking the animal and inserting his finger into its rectum. Medical evaluation found injuries to the guinea pig consistent with what witnesses and the defendant described to officers.

This case was prosecuted by Assistant State’s Attorney Catherine McDermid.

UPDATE: FREDERICK FAIR CASE WAIVER HEARING #2

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FOR IMMEDIATE RELEASE

February 21, 2020

Frederick, MD – Today in Frederick County Circuit Court, Judge William R. Nicklas Jr. presided over the waiver hearing of the 15-year-old respondent charged in the September 20, 2019 attack on John Marvin Weed at the Great Frederick Fair.  Closing arguments concluded at 6:35 p.m. and Judge Nicklas will issue his order by the end of next week. The 15-year-old is charged with manslaughter, 1st degree assault, and 2nd degree assault. During the waiver hearing today, Chief Prosecutors Laura Wilt (Juvenile), and Rebecca Clinton (Violent Crimes), made argument for the State.  A waiver hearing is a hearing in which the Court decides whether to grant or deny the State’s request to waive the juvenile to adult court jurisdiction.    The State filed a waiver petition on both juveniles which alleges that based on a number of factors the particular youths should be tried as adults, rather than in juvenile court.  The factors the court considers include the seriousness and nature of the offense, public safety, age of the youth, mental and physical condition, and the youth’s alleged amenability to juvenile rehabilitative measures.

 

Judge Julie Stevenson Solt denied the State’s waiver motion for the 16-year-old co-respondent in a written opinion February 18th. Therefore, the 16-year-old will remain in the juvenile system pending the conclusion of proceedings.

 

JUDGE DENIES STATE WAIVER MOTION

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Frederick, MD – Frederick County Circuit Court Judge Julie Stevenson Solt issued a written opinion today, following a day-long waiver hearing on Wednesday February 12th for the 16-year-old respondent in the attack on John Marvin Weed September 20th at the Great Frederick Fair. The 16-year-old is charged with two counts of 2nd degree assault. During the waiver hearing last week, Chief Prosecutors Laura Wilt (Juvenile), and Rebecca Clinton (Violent Crimes), made argument for the State.  A waiver hearing is a hearing in which the Court decides whether to grant or deny the State’s request to waive the juvenile to adult court jurisdiction.    The State filed a waiver petition on both juveniles which alleges that based on a number of factors the particular youths should be tried as adults, rather than in juvenile court.  The factors the court considers include the seriousness and nature of the offense, public safety, age of the youth, mental and physical condition, and the youth’s alleged amenability to juvenile rehabilitative measures.

 

In her written opinion, Judge Solt denied the State’s waiver motion concluding that the 16-year-old respondent’s case should remain in the juvenile system. State’s Attorney Charlie Smith stated that, “Last week in a closed proceeding we argued for waiver, the defense argued against.  Despite this being a closed juvenile proceeding, I am still allowed to inform the public about the scheduling or result of any step in any litigation.  With that said, today Judge Solt issued an opinion denying our motion to waive the 16 year old into the adult system.  I cannot comment on the substance of her findings in her ruling.  Given the ruling, all further litigation with regard to this case will remain in juvenile, and by law, will remain confidential as long as the proceedings are closed.”

FREDERICK MAN INDICTED FOR MURDER, DRUG, AND WEAPONS CHARGES AFTER SIX-MONTH INVESTIGATION

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FREDERICK, MD –  On January 24, 2020, the Frederick Grand Jury returned a fifty-count indictment against Lavonte Darnell Nash, age 27, of Frederick. Mr. Nash is accused of committing First Degree Murder, Attempted First Degree Murder, Retaliation Against a Witness, Use of a Firearm in a Crime of Violence, Illegal Possession of a Regulated Firearm, First Degree Assault, Conspiracy, Distribution of Narcotics, Possession With the Intent to Distribute Narcotics, and Participation in a Criminal Gang.  This afternoon in Frederick County Circuit Court, Nash waived his right to a bond review before Judge Richard Sandy, and thus remains held without bond.

Nash is charged with the premeditated murder of Gregory Knight on June 27, 2019, along with the attempted murder of another individual in connection with that incident. The Defendant is alleged to have distributed cocaine to Mr. Knight in May of 2017. Mr. Knight was to appear as a witness in court against Mr. Nash regarding the resulting drug related charges.

Additionally, the Defendant is charged for his role in two gang-related shootings that occurred on Market Street in downtown Frederick on August 31, 2019, and September 8, 2019.  Nash is charged with distribution of, and possession with intent to distribute controlled dangerous substances throughout the months of August and September of 2019.

The Defendant is alleged to be a member of “PA-32,” a criminal gang and drug-trafficking organization based in the city of Frederick, and operating in the surrounding areas.  The crimes charged are alleged to have been committed by Mr. Nash for the benefit of and in association with the gang.

The indictment is the culmination of a lengthy investigation led by the Frederick Police Department’s Drug Enforcement Unit and Criminal Investigation Section. These divisions, working in close coordination with the Frederick County State’s Attorney’s Office, obtained authorization from the Circuit Court for Frederick County to intercept communications over Mr. Nash’s telephone lines. In late September, multiple search warrants were executed at various locations as a result of the investigation. Mr. Nash was arrested at that time on drug related charges and has been held at the Frederick County Detention Center pending trial.

In response to the fifty-count indictment, State’s Attorney Charlie Smith reacted, “While I cannot comment on the case more specifically, I can say the scope of this case and the efforts put into it by all agencies make it one of the more complex in recent history.  I could easily see it taking three weeks to litigate.”

The investigation was truly a multi-agency effort, with vital support provided by the members of the Frederick HIDTA Group (High Intensity Drug Trafficking Area) to include the Frederick County Sheriff’s Office Narcotics Investigation Section, Homeland Security Investigations, the Maryland State Police, and the Brunswick Police Department.  Additionally, the investigation operated under the Maryland Criminal Intelligence Network (MCIN), and a portion of the operational expenses were funded through this program.  The Governor’s Office of Crime Control and Prevention (GOCCP) provides grant funding and strategic support to MCIN member sites to identify, disrupt and dismantle criminal organizations through inter-agency collaboration and data sharing to make Maryland safer.  The Governor’s Office of Crime Control and Prevention partially funded this project under sub-award number, MCIN-2020-0016.   All points of view in this document are those of the author and do not necessarily represent the position of any Maryland State office or agency.

The investigation remains ongoing into all incidents and the involvement of other parties. The Office of the State’s Attorney notes that an indictment is a charging document alleging criminal conduct and the defendant is innocent until proven guilty in a court of law.

 

SILVER SPRING MAN PLEADS GUILTY TO CONSPIRACY TO COMMIT 1st DEGREE ASSAULT FOR SHOTS FIRED INCIDENT

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FREDERICK, MD –  This morning in Frederick County Circuit Court, Robert Antoine Shirley Jr., 21, of Silver Spring, MD pled guilty to Conspiracy to Commit 1st Degree Assault, Unlawful Taking of a Motor Vehicle, and Violation of Probation. The Honorable Judge Julie Stevenson Solt sentenced Shirley to 10 years, suspending all but 12 months in the Frederick County Adult Detention Center for Conspiracy to Commit 1st Degree Assault. He was sentenced to 18 months consecutive for Violation of Probation. Following the completion of his incarceration, he must serve 3 years supervised probation, have no contact with the victims, and pay restitution for damage to a vehicle.

 

On June 20, 2019, Frederick Police responded to a firearm discharge in the 1300 Block of Taney Avenue. Officers were advised that an individual carrying a backpack walked up to a group of subjects standing in a parking lot and proceeded to open fire with a handgun. The subjects fled on foot to the rear of the Frederick Shopping Center, located at 1305 7th Street. Robert Shirley was one of four individuals witnesses and surveillance video captured as the group that was fired upon. After a brief verbal altercation near the McDonald’s between Shirley’s group and several males in a red Cadillac, shots were fired again, this time an exchange between the groups. Bullets struck several cars in the parking lot. Shirley was identified by witnesses and surveillance video as the driver leaving the scene in a silver Honda CR-V along with three male passengers. Detectives recovered the vehicle abandoned a short time later in the area of Glen Rock Drive. Upon further investigation, the vehicle had been reported stolen earlier that day. Detectives observed Shirley walking in an area nearby, and took him into custody after a short foot pursuit. The keys to the CR-V were recovered in Shirley’s pocket when he was apprehended.

In response to today’s plea and sentence, State’s Attorney Charlie Smith commented, “this was a dangerous shootout between two groups in a crowded shopping center. We are glad no one was seriously hurt in this incident.”

The State was represented by Deputy State’s Attorney Kirsten Brown and Assistant State’s Attorney Will Prunka.

Robert Antoine Shirley Jr.