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.

ROCKVILLE SPA OWNER PLEADS GUILTY TO OPERATING “HOUSE OF PROSTITUTION”

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ROCKVILLE, MD –  This morning in Montgomery County Circuit Court before the Honorable Judge David Lease, Emily Zhang Lawrence, age 47, of Germantown, MD entered a guilty plea to operating a House of Prostitution.

 

At sentencing, the State and defense agree upon a one year suspended sentence and unsupervised probation. As a condition of her probation, the defendant will forfeit her business license and agrees not to open or operate any spa or massage business in the State of Maryland. Lawrence is scheduled to be sentenced June 2, 2020 at 8:45am.

 

On February 26, 2019, the Montgomery County Police Department initiated a 5-month-long investigation after receiving a web tip complaint that Rose’s Spa was being operated as a “house of prostitution.” The Spa’s posted hours were 10:30am to 10:00pm, seven days a week. During the course of the investigation, detectives learned that the defendant owned an apartment that she would use as a harboring place for the females that worked at the spa.  Investigators were able to establish a pattern of the defendant picking up the females in her maroon Honda Odyssey minivan from the apartment and transporting them to the spa.  The females indicated that they had responded to ads for masseuses and were trained by the defendant when they arrived in Maryland. During the course of the investigation, Detectives also interviewed several men leaving the spa who admitted to paying for and receiving illicit sex acts while inside the business.  Several of those individuals identified the defendant as the owner/manager of the spa and the individual who controlled and received the payments.  The defendant admitted to shutting down the spa for a week in April after she was tipped off by a client to the ongoing investigation.  However, shortly thereafter she re-opened the spa and continued to operate it as a house of prostitution.  During the investigation, $427,477 was seized that was tied to the proceeds from the spa as the defendant admitted that the spa was her only source of income.  Pursuant to the plea, the defendant will forfeit a total of $377,477 to the Montgomery County Police Department.

 

 

The Frederick County State’s Attorney’s Office served as special prosecutors in this case due to a conflict of interest in the Montgomery County State’s Attorney’s Office. The State was represented by Frederick SAO Chief Counsel Joyce King and Assistant State’s Attorney Lindsey Carpenter.

 

 

 

Former Frederick Pediatrician Indicted on 98 Counts

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Frederick – On December 20th, the Frederick Grand Jury indicted Ernesto Cesar Torres, age 69, of Frederick on 98 counts of sex crimes charges. In a Circuit Court bond review this afternoon, Judge Theresa Adams ordered Torres held without bond. The 98 counts relate to allegations from an additional 19 victims. All of the victims were juveniles at the time of the alleged offenses. A pre-trial conference is scheduled for January 24th at 9am.

Torres was sentenced December 23rd to one year in the Frederick County Adult Detention Center for 4th Degree Sex Offense. He is currently serving that sentence. On April 26th, 2019, the 18-year old female victim, who was a lifelong patient of Dr. Torres, went to his office on Thomas Johnson Drive for a follow-up appointment to discuss her anxiety medication. It was during this appointment that the victim reported being sexually assaulted by Torres. Torres waived his right to a jury trial in late October. Judge William R. Nicklas Jr. presided over a three-day bench trial and ultimately on November 1st, found Torres guilty of 2nd Degree Assault and 4th Degree Sex Offense. A 4th Degree Sex Offense merges with 2nd Degree Assault and therefore the maximum penalty in this case was a 1 year sentence. Torres will receive credit for time served on home detention since May 7th.

Additionally, Torres is scheduled for a trial to begin March 30th. In that case, a combined 49 sex crimes charges are alleged involving 12 victims.

An indictment is a charging document alleging criminal conduct. All defendants are innocent until proven guilty in a court of law.

FREDERICK PEDIATRICIAN ERNESTO TORRES SENTENCED

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Frederick – This morning, Frederick Circuit Court Judge William R. Nicklas Jr. sentenced Ernesto Cesar Torres, age 69, of Frederick to 1 year in the Frederick County Adult Detention Center. Torres waived his right to a jury trial in late October. Judge Nicklas presided over a three-day bench trial and ultimately on November 1st, found Torres guilty of 2nd Degree Assault and 4th Degree Sex Offense. A 4th Degree Sex Offense merges with 2nd Degree Assault and therefore the maximum penalty in this case was a 1 year sentence. Torres will receive credit for time served on home detention since May 7th.

State’s Attorney Charlie Smith commented, “We felt that the totality of facts warranted a guilty for 2nd degree rape in this case. We respectfully disagreed with Judge Nicklas’ trial verdict, but understand his ruling.  We were relieved to see Torres get the maximum one year straight sentence and agree with Judge Nicklas that one year punishment in this case is simply not enough.  This victim will have to live with the emotional scars of Torres’ actions for the rest of her life.”

On April 26th, 2019, the 18-year old female victim, who was a lifelong patient of Dr. Torres, went to his office on Thomas Johnson Drive for a follow-up appointment to discuss her anxiety medication. It was during this appointment that the victim reported being sexually assaulted by Torres.

The State was represented by Chief Assistant State’s Attorney Tammy Leache and Chief Counsel Joyce King.

 

Frederick Man Sentenced to 9 Years For Knowingly Transmitting HIV, Assault

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Frederick – This morning, Frederick Circuit Court Judge Julia A. Martz-Fisher sentenced Rudolph Jericho Smith, age 37, of Frederick, MD to 30 years, suspending all but 9 years active in the Division of Corrections for assault and knowingly transferring HIV to three women. Upon release, he must serve 5 years of probation. Smith entered an Alford plea to 3 Counts of Second Degree Assault and 3 Counts of Knowingly Attempting to Transfer HIV on September 13, 2019. An Alford plea is a type of guilty plea, where the defendant does not formally admit guilt, but acknowledges that the State has sufficient evidence to convict them.

The Frederick Police Department began an investigation into Rudolph Smith during the summer of 2017, when separate women disclosed their belief that Rudolph Smith had infected them with HIV. Considerable time in the investigation was spent trying to determine whether or not Mr. Smith was HIV positive, and whether he was aware of that fact. It was eventually established that Rudolph Smith was aware that he was HIV-positive but continued to have unprotected sex with women without informing them of his status.

In response to today’s above the guidelines sentence, State’s Attorney Charlie Smith reacted, “While HIV is not what it was 15 years ago with effective treatments that now exist, these victims will be impacted by this defendant’s actions for the rest of their lives.”

The State was represented by Chief Counsel Joyce King and Assistant State’s Attorney Brett Engler.

Frederick Teen Sentenced For 1st Degree Attempted Murder

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Frederick – This morning, Frederick Circuit Court Judge Scott Rolle sentenced William James Sewell II, age 17, of Frederick to 30 years suspending all but 15 years in the Division of Corrections for Attempted 1st Degree Murder. Sewell pled guilty to the charge in a Circuit Court hearing October 28, 2019.

On April 3rd, 2019, at approximately 4:15 pm., Frederick County Sheriff’s Office deputies responded to the area of Magnolia Tree Court and Burning Bush Drive in Frederick for a call of “shots fired.” Upon arrival at the scene, a .380 shell casing was located in the parking lot outside of the 5700 block of Trailview Court in Mountain Village.

After reviewing surveillance video at the apartment complex, detectives determined that four males walking from vehicles and towards approximately six other males in the area of the 5700 block of Trailview Court.   Mr. Sewell is seen on the surveillance recordings chasing after one of the males, shooting at him.   At approximately 4:10pm, the first shot can be heard on the surveillance footage. Approximately 27 seconds later a second shot is heard—Mr. Sewell shot at the same victim again.   Approximately 3 seconds later, Sewell’s co-defendant is seen on the recordings shooting at the same victim.

The defendant, William James Sewell II, was 16 years old when he committed the offense, and the co-defendant was Marquis Desade Scottland, 17, of Hagerstown, MD. After firing these three rounds, the suspects are observed running from the scene and entering both vehicles before fleeing the area.

State’s Attorney Charlie Smith reacted to the sentence, “This broad daylight shooting could have easily ended in tragedy. Bullets were flying through an apartment complex as people were going about their daily activities. This sentence sends a strong message that reckless acts of gun violence will be met with serious punishments.”

The State was represented by Chief Assistant State’s Attorney Laura Wilt and Assistant State’s Attorney Lindsey Carpenter. Deputies and detectives with the Frederick County Sheriff’s Office handled the investigation.

William James Sewell II

Eddie Wayne Moore Sentenced to 24 years for Domestic Assault

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FREDERICK – This afternoon, Frederick County Circuit Court Judge G. Edward Dwyer Jr. sentenced Eddie Wayne Moore Jr., age 42, of Thurmont, MD to an aggregate sentence of 24 years in the Division of Correction to serve on three counts of 2nd Degree Assault following a guilty verdict returned by a Frederick County jury in September.

In response to today’s sentence, State’s Attorney Charlie Smith commented, “This afternoon, Judge Dwyer agreed with the State’s sentencing recommendation and handed down a sentence that reflects the severity of repeated domestic abuse. My office will continue to seek sentences that hold abusers accountable for their actions and combat the community issue of domestic violence.”

On February 23, 2019 at 9:26 am, Thurmont Police Officer Nicole Fair responded to an apartment in the 100 block of Boundary Avenue for the report of a domestic assault in progress. Upon arrival on the scene, Officer Fair determined that the defendant, Eddie Moore had fled the area. Officer Fair located the victim, the defendant’s wife, in a nearby neighbor’s apartment. The Officer observed multiple injuries on the victim including swollen eyes, a cut on the back of the head, blood around the mouth, nose and face, as well as scratches to her chest.

The victim stated that the defendant returned home from on the evening of February 22nd. She stated that Moore became irate when he learned that she had wrecked their vehicle while he was incarcerated. At one point, a co-worker of the victim stopped by the apartment to drop off food and medicine.  The Defendant threatened that if the Victim opened the door for her co-worker that he would kill her. The Victim assured her co-worker that she was fine, and the co-worker left. The following morning, the situation escalated further when Moore struck the victim multiple times and strangled her with a crutch. The victim was successfully able to flee the residence and find help at a neighbor’s apartment. The victim was transported to Frederick Memorial Hospital by first responders.

The State’s Attorney’s Office encourages anyone experiencing domestic violence to report the crime to law enforcement, and to seek additional assistance from Heartly House, (301) 662-8800. Heartly House provides 24 hour/day help for victims and survivors of intimate partner violence, sexual assault, and child abuse.

The case was investigated by Thurmont Police Department and prosecuted by Assistant State’s Attorney Brett Engler.

Eddie Wayne Moore Jr.

Frederick Pediatrician Found Guilty of 2nd Degree Assault and 4th Degree Sex Offense

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FREDERICK – This afternoon, Frederick Circuit Court Judge William R. Nicklas Jr. rendered a verdict in the trial of Dr. Ernesto Cesar Torres. Nicklas found Torres Not Guilty of 2nd degree rape, Guilty of 2nd degree assault, and Guilty of 4th degree sex offense. Sentencing will be held before Judge Nicklas on December 19th.

State’s Attorney Charlie Smith reacted, “I want to first thank the victim for her bravery in coming forward and testifying, her parents for their patience in the process, and the prosecution team for their dedication to this case and our community.”

Smith added, “I have to respectfully disagree with this verdict.  The judge just got this one wrong.  There is no way that someone in a position of trust, who uses that position to violate and molest their patient, did not force themselves upon them. It was force of a different kind, but force nonetheless.”

The trial started on Tuesday following the defendant waiving his right to a jury trial. In a bench trial, the Judge listens to arguments and renders a verdict that includes the finding of facts.

On April 26th, 2019, the 18-year old female victim, who was a lifelong patient of Dr. Torres, went to his office on Thomas Johnson Drive for a follow-up appointment to discuss her anxiety medication. According to the testimony of Torres’ office staff, these types of appointments, referred to as “multiple problem appointments”, were held in the late morning and late afternoon due to their generally longer duration. The victim arrived for her appointment around 4pm that Friday afternoon. A nurse took her back to an examination room to take her vitals. Approximately 10-15 minutes later, Dr. Torres entered the room. Torres checked the victim’s eyes and ears, asked about anxiety, and tested her joints. During the examination, the victim began to experience symptoms of anxiety. Torres had the victim lay down on the exam table, and started to examine her abdominal region, at which point his hand went into the victim’s pants for several minutes. It was during this time that Torres’ hand touched the victim’s vagina. After the victim cried and had a runny nose, Torres grabbed a tissue for the victim and the sexual assault ended. The victim and Torres then spoke for a length of time about various topics, and he gave her a hug. The office staff left the building around 4:30pm that day. Dr. Torres was left alone with the victim for a significant period of time. He eventually walked her out and she drove home. She immediately went to her room to take a shower. The following day, she reported the incident to her mother. On Sunday April 28th, the victim and her mother decided to tell her dad. At that point, they went to the Frederick Police Department to file a report and make a written statement. The initial report was taken by Officer Ashley Antczak and forwarded to CID. Shortly thereafter, Officer Antczak responded to the victim’s residence to recover the pants she was wearing the day of the incident. Detectives Joe Palkovic and Sean McKinney visited Dr. Torres on Monday April 29th to confirm that the victim was his patient and that she has an appointment with him Friday April 26th. Torres confirmed that he saw the victim that day. The detectives asked Torres if he would provide a DNA swab. He agreed, and detectives left briefly to gather the necessary materials from the police department. Upon their return, Dr. Torres admitted in an audio-recorded interview that he probably touched the patient’s vagina.

Detectives recommended charges to the States Attorney’s Office, which were then presented to the Frederick Grand Jury on May 3, 2019. The Grand Jury found there was sufficient evidence to charge Dr. Ernesto Torres with 2nd Degree Rape, 2nd Degree Assault, and 4th Degree Sex Offense.