Melvin Alfaro Sentenced to 7 Years For 1st Degree Assault

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FREDERICK-  Melvin Alfaro, 35, of Frederick, MD was sentenced today by the Honorable Theresa Adams for violently beating his fiancé in June of 2018. He pled guilty in January, 2019 to the sole count of 1st degree assault. He was sentenced today to 25 years, suspending all but 7 years in the Division of Correction. Upon his release, he will be on 5 years of supervised probation.

On June 24, 2018, Frederick City Police were called to the 1800 Blk. of Pinecroft Court for a domestic assault. They encountered the Victim with significant injuries to her face and body. Mr. Alfaro, her fiancé, was identified as her attacker. The Defendant admitted to the police that he had assaulted her because he felt that she had ‘disrespected him.’

The Frederick County State’s Attorney’s Office encourages anyone experiencing domestic violence to seek help, if you are in immediate danger, dial 911. For additional help and resources, contact Heartly House at 301-662-8800. Heartly House provides comprehensive services for victims and survivors of intimate partner abuse, rape/sexual assault, and child abuse.

The State was represented by Assistant State’s Attorney Brett Engler.

Monrovia Man Pleads Guilty to Possession of Child Pornography

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FREDERICK- Joshua David Scalera, 36, of Monrovia, MD pled guilty on April 22nd to 4 counts of possession of child pornography. The charges came as the result of the execution of a search and seizure warrant in early 2018. He received a total sentence of 20 years in the Maryland Division of Corrections, with all but 18 months suspended. Prior to this offense, the defendant had no criminal record. In favor of the suspended portion of the sentence, the defendant was put on 3 years of supervised probation, and ordered to continue counseling and required by statute to register as a sex offender for 15 years. The investigation began in 2016 by the Maryland State Police following a cyber-tip from the National Center for Missing and Exploited Children.

Rudolph Jericho Smith Indicted For Knowingly Transmitting HIV

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FREDERICK- The State’s Attorney’s Office indicted Rudolph Jericho Smith, age 36, of Frederick, with Four Counts of First Degree Assault, Four Counts of Reckless Endangerment, and Four Counts of Knowingly Transmitting HIV. 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. Frederick Police investigated and through witness interviews, established that Rudolph Smith was aware of his HIV-positive status as of 2014.  They executed a search warrant for Mr. Smith’s blood, and determined that he was HIV positive. Detective David Dewees confirmed with Mr. Smith after the search warrant, that he was in-fact HIV positive. Following that conversation, Frederick Police Department became aware that the Defendant continued to meet women on dating sites and have unprotected sexual relations with them without disclosing his diagnosis.

The defendant was granted a bond over the State’s objection, and is currently being held on $100,000 at the Frederick County Adult Detention Center.

Daniel Ennos Pleads Guilty in Victor Cullen Riot

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FREDERICK – On March 21, 2019, Daniel Ennos, the instigator in the April 8th 2018 riot at the Victor Cullen Center in Sabillasville, pled guilty, thus canceling his jury trial scheduled to begin in April.  Ennos appeared before Judge Theresa M. Adams and pled guilty to two counts of Second Degree Assault on staff members and was sentenced to 349 days, time served since April 8, 2018 on those counts.  He also pled guilty to Riot and was sentenced to six years in the Division of Corrections to begin immediately, with this sentence consecutive to the other incarceration.  The sentence was agreed to by the State and the Defendant. There were at least 10 staff members injured during the riot.

The April 8, 2018 incident occurred at the Victor Cullen Center located on Cullen Drive, in Frederick County, MD.   The Victor Cullen Center is a hardware secure, behavior modification facility that provides counseling, education and behavior modification for juveniles.  The situation began when Ennos and another youth were fighting.  Ennos choked the other until he turned blue.  When told that he was going to get written up, Ennos got belligerent.  He shoved a staff member and then pushed a staff member to the ground.  Defendant and his attorney repeatedly claimed in court that it was a violation of policy for Ennos to get written up for this behavior, thus trying to justify Ennos’ actions.   Even after Ennos had assaulted staff, the other staff members attempted to work with him and the others for over an hour, before attempting to use any restraints.  After an hour, the Superintendent directed staff to bring handcuffs and if the youth didn’t comply to cuff them and bring them to separate areas.  When staff members walked in, co-defendant Bernard Moore hit a staff member from behind.   The other youth then began to attack the staff closest to them.   The Defendant Daniel Ennos got a male staff member onto the ground and held him in a headlock, choking him.   Later Ennos is captured on the video attacking a female staff member.  She was in the corner of a room, trying to protect a staff member who had been injured.   The State introduced into evidence photographs of this Defendant jumping high into the air, fist pumped, and crashing down upon her.   The victim reported that after Ennos struck her she went unconscious briefly.  She suffered a broken orbital socket, and for almost a year now has been suffering with on-going injury to her eye.

Multiple police agencies responded to the 911 calls for help from the staff.    The Maryland State Police was able to get the facility back under control, and the victims were transported for medical treatment.

Eight residents were charged with injuring staff during this riot, all to differing degrees; All eight have now pled guilty in Adult Court for their roles in the riot.  The Frederick County Circuit Court has independently reviewed and then granted the State’s request in each of the eight cases to have these defendants tried as adults.  The video of the incident and statements of the employees made clear that these employees did everything they could do to deescalate this situation.   Even after Ennos assaulted them, the staff members tried to work with him and not put him in cuffs.   Because they didn’t like the behavioral consequences given to them, these eight defendants acted in concert to injure 10 staff members.  These staff were just following directions, doing their job, and this incident has changed all of them— some of them physically forever but all of them emotionally.   One employee who had worked with youth for years, still can’t return because of the PTSD symptoms; others suffer from those symptoms but eventually had to return to earn a living.   Defense Counsel repeatedly blamed the staff for the incident, but rulings in the courtroom and the adult jail sentences for each and every one of those involved demonstrate that blame lies solely on the defendants.

The State was represented by Chief Assistant State’s Attorney Laura Corbett Wilt.

J. Charles Smith, III

State’s Attorney for Frederick County, Maryland

Frederick County SAO Participates in American Bar Association- Rule of Law Initiative’s International Justice Sector Education and Training (IJET) Program

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On March 12, 2019, the Frederick County State’s Attorney’s Office provided training to Uzbekistan prosecutors through the American Bar Association- Rule of Law Initiative’s International Justice Sector Education and Training (IJET) Program. The training focused on case management, task forces, crime prevention, diversion programs, and targeted training for prosecutors and law enforcement.

The IJET Program brings a small group of justice sector professionals to the United States for a month-long fellowship. The objective is to empower IJET Fellows to become agents of change for institutional or systemic reform in their country’s justice system. Each IJET Fellowship follows a highly tailored, structured model that includes a combination of seminars and training, peer-to-peer exchange, institutional visits, and an embedded mentorship with a leading U.S. professional. In addition to subject-matter experts, IJET Fellows work with experts in change management, outreach, and administration of justice to develop strategic, sustainable change plans that will create lasting impact. IJET is supported by a cooperative agreement with the U.S. Department of State, Bureau of International Narcotics and Law Enforcement Affairs (State/INL).

 

Christopher Jackson to Serve 10 Years for Cocaine Distribution and Firearm Related Charges

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FREDERICK- March 11, 2019, Christopher Jackson, 29, of Silver Spring, MD appeared before the Honorable Judge Mary E. McCormick and entered guilty pleas to Possession With Intent to Distribute Cocaine and Possession of Firearm With Felony Conviction.  The defendant was sentenced to a total of 35 years in the Division of Corrections, with all but 10 years suspended.  Upon release, he will be placed on 5 years supervised probation.

On October 2, 2018, an Officer observed two vehicles in a parking lot while conducting a business check in the area of the Taco Bell on West Patrick Street.  As the Officer approached one of the vehicles, he detected a strong odor of unburned marijuana coming from the driver and the vehicle.  The driver of the vehicle was identified as the defendant.  A baggie containing .5 grams of cocaine was found on the Defendant’s person.  A search of the vehicle resulted in a total of 5.8 grams of heroin, 19.1 grams of cocaine, 21 Adderall pills, 64.5 grams of phencyclidine (PCP), 14.4 grams of marijuana, a digital scale, a loaded 9mm handgun, and $2,236 in cash being seized.   The Defendant is prohibited from possessing a firearm.

The State was represented by Assistant State’s Attorney Amanda Leatherman.

J. Charles Smith, III

State’s Attorney for Frederick County, Maryland

Abiathar Vance to Serve 25 Years for Human Trafficking of a Minor Related Offenses

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FREDERICK – Abiathar Vance, 41, of Washington, DC appeared before Judge Theresa M. Adams and was sentenced to a total of 50 years in the Division of Corrections, with all but 25 years suspended.  Upon completion of his sentence, the defendant will be placed on 5 years supervised probation, with the conditions of registering as a Tier II sex offender and having no contact with any named victim.

On December 3, 2018, Abiathar Vance entered a guilty plea to 2 counts of Human Trafficking of a Minor and 1 count of Human Trafficking.  Judge Adams ordered a pre-sentence investigation at that time.

On December 30, 2017, Frederick Police Department Officers responded to the McDonald’s on Jefferson Street in reference to a reported abduction.  Officers made contact with the defendant and the 16 year old victim who had previously been reported missing for two months.   During a later interview the victim advised that she met the defendant Vance and co-defendant Luis Privado in August of 2017 at Union Station.  Vance induced the victim into becoming an escort.  She described the “dates” as having sex for money.  Vance arranged for the hotel rooms, clients and received the proceeds.  Privado also arranged for hotel rooms, drove the victim and Vance from DC to Frederick, and provided a rental car for Vance to use to transport the victim while in Frederick.  A second adult victim was later identified by law enforcement.  She indicated that she met the defendant through a craigslist ad soliciting strippers to work at a strip club.  When she arrived in Frederick she realized that there was no strip club and was induced to engage in escorting.  She advised that the defendant arranged all of the dates and took half of the proceeds.

The State was represented by Assistant State’s Attorney Lindsey Carpenter.

J. Charles Smith, III

State’s Attorney for Frederick County, Maryland

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

Luis Privado Sentenced to Serve 5 Years for Human Trafficking of a Minor-Conspiracy

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FREDERICK – Luis Privado, 24, of Washington, DC appeared before Judge Theresa M. Adams and was sentenced to 25 years in the Division of Correction, with all but 5 years suspended.  Upon completion of his sentence, the defendant will be placed on 5 years of supervised probation, with the conditions of no contact with the victim, no contact with the co-defendant, and no unsupervised contact with individuals under the age of 18.  The defendant must register as a tier II sex offender.

On July 31, 2018, Luis Privado entered a guilty plea to Human Trafficking of a Minor-Conspiracy and Judge Adams revoked his bond at that time.

On December 30, 2017, Frederick Police Department Officers responded to the McDonald’s on Jefferson Street in reference to a reported abduction.  Officers made contact with the co-defendant Abiathar Vance and the 16 year old victim who had previously been reported missing for two months.   During a later interview the victim advised that she met Privado and co-defendant Vance in August of 2017 at Union Station.  Co-defendant Vance induced the victim into becoming an escort.  She described the “dates” as having sex for money.  Vance arranged for the hotel rooms, clients and received the proceeds.  Privado also arranged for hotel rooms, drove the victim and Vance from DC to Frederick, and provided a rental car for Vance to use to transport the victim while in Frederick.  When interviewed by law enforcement, Privado admitted to driving the victim back and forth from DC to Frederick and leaving the hotel room when the victim had “dates”.

The State was represented by Chief Assistant State’s Attorney Lindy Angel and Assistant State’s Attorney Lindsey Carpenter.

J. Charles Smith, III, State’s Attorney for Frederick County, Maryland