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

FREDERICK – On January 15, 2019, Bernard Moore, one of the most violent offenders in the April 8th 2018 riot at the Victor Cullen Center in Sabillasville, pled guilty thus canceling his jury trial scheduled to begin later this month. Moore pled guilty to First Degree Assault on staff member and was sentenced to 20 years in the DOC with all suspended but 8 years to serve. Moore violently attacked the victim twice during the riot, using metal handcuffs to inflict harm, which left the victim with a broken jaw and head injuries at that time, and medical and dental issues that continue today. Moore also pled guilty to Second Degree Assault on the Superintendent of the facility, as well as, guilty to Riot. He was given a concurrent sentence of 10 years with all suspended but six months on those two charges. This sentence was agreed to by the State and the Defendant. Judge Theresa Adams presided over the case and before sentencing, read victim impact statements submitted by three employees. The State relayed additional information from a victim who couldn’t be present for the hearing. Eleven staff members were injured during the riot. Eight residents were charged with injuring staff during this riot, all to differing degrees; seven of the eight have now pled guilty for their roles in 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 between two youth residents and then escalated to youth refusing to comply with staff direction to separate. Staff attempted to work with the residents for over an hour before attempting to restrain them. When staff members walked in to begin restrain the residents and move them to the rooms, the Defendant Moore attacked the victim from behind, broke his jaw, and briefly knocked him unconscious. The other youths then began to attack the staff closest to them. Later, after escaping from that building, the victim approached to try and help another staff member who was being assaulted by Moore and co-defendant Daniel Ennos. Moore then attacked him again; this time punching him in the head while holding metal shackles. 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.

One defendant remains pending trial. The six other residents of the Victor Cullen Center were charged with riot and assaulting staff. All have pled guilty and are or have served sentences as adults.

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 –Christopher Dorsey, 35, of Inwood, WV appeared before the Honorable Michael Galloway for sentencing on cocaine distribution related charges.  The State requested 50 years, suspend all but 30 years active incarceration.  Deputy State’s Attorney Nanci Hamm argued that based on the PSI, the defendant hadn’t worked since 2001 and even then, he only worked a single year during his entire adult life.  She stated, “The defendant is a large volume, careful, and until now, successful drug dealer.”   The Court agreed with the State’s recommendation and sentenced Mr. Dorsey to 80 years in the Division of Correction, with all but 30 years suspended.  By statute, 5 years of that 30 year sentence is to be served without parole.  Upon release, he will be placed on 5 years supervised probation.

On June 1, 2018, a Frederick County Jury returned a guilty verdict against Christopher Dorsey on all 9 counts.  The charges include 2 counts of Conspiracy to Distribute Cocaine, 2 counts of Distribution of Cocaine, 2 counts of Possession with Intent to Distribute Cocaine, 2 counts of Possession of Cocaine, and 1 count of Unlawful Possession of Cocaine–Large Amount(over 448 grams).

The charges were the result of an investigation that began in December of 2016, conducted by the Frederick County Sheriff’s Office.  During the investigation, surveillance units and several types of electronic surveillance were utilized for the defendant, the vehicle in which he travelled, and residences he frequented.  On 2/6/17, a search warrant was executed in the area of Toll House Court, a residence frequented by the defendant.  141 grams of crack, $5,300 cash and a loaded firearm were seized.  The occupant was arrested and phones were seized.  The contents of the phones, including texts, were analyzed.  Texts were found that were indicative of drug dealing.  Surveillance continued on the defendant and the vehicle.  On 3/15/17, a search warrant was executed in the area of White Rock Avenue, another residence frequented by the defendant.   The occupant advised that the defendant used the residence as a “stash house” and identified the defendant in a photo array.  Seized items included a large bag of cocaine weighing 50.8g, a large bag of cocaine weighing 49.1g, 6 aluminum foil bundles of crack rocks weighing 3.6g, small back of crack rock weighing 4.3 and a large bag of cocaine weighing 250g.  The 250g bag was located inside a wooden box, sitting on a glass mirror.  Two fingerprints found on the glass mirror were later identified as belonging to the defendant.  On 3/16/17, a search warrant was executed on the defendant’s residence in Inwood, WV.  A handgun was located in the defendant’s bedroom, along with 2 loaded magazines.  The defendant was arrested at that time.

The State was represented by Deputy State’s Attorney Nanci Hamm.

J. Charles Smith, III

State’s Attorney for Frederick County, Maryland

FREDERICK – Robert Disney, 57, of Frederick, MD, appeared before the Honorable Judge Julie R. Stevenson Solt and entered a guilty plea to CDS Possession – Large Amount Cocaine and was sentenced to 15 years in the Division of Corrections, with all but 5 years suspended.  By statute, the 5 years will be served without parole.  Upon his release, he will be placed on 3 years supervised probation.

Authorities began investigating a network involved in the distribution of cocaine in the Frederick area in 2017.  In February of 2018, Detectives with the Frederick County Sheriff’s Office Narcotic Investigative Section and the Frederick Police Department’s Drug Enforcement Unit were granted authority by the Circuit Court for Frederick County to wiretap two mobile telephones utilized by an associate of the defendant, Darnell Morris.

On April 4, 2018, intercepted communications revealed Mr. Morris arranging to source a large amount of cocaine.  Through physical and digital surveillance, investigators observed Mr. Morris conspiring with another individual to pick up the cocaine, and then depositing it at the defendant’s house on April 5, 2018.

On April 6, 2018, a search warrant was executed on the defendant’s residence in the area of Prospect Blvd.  480 grams of cocaine was seized from the residence.

The State was represented by Assistant State’s Attorney Colleen Swanson.

J. Charles Smith, III

State’s Attorney for

Frederick County, Maryland

FREDERICK- A Frederick County Jury returned a guilty verdict against Brian Onley, 38 of Frederick, Maryland on the charges of CDS: Possession With Intent to Distribute and Conspiracy to Distribute CDS.

The trial began on October 16, 2018 and the jury deliberated for approximately two hours before delivering the verdict at approximately 6:30 p.m. on October 17, 2018.

The charges were the result of an investigation that began in December of 2017, conducted by the Frederick County Sheriff’s Office.  During the investigation, surveillance units and several types of electronic surveillance were utilized for the defendant, the vehicle in which he travelled, and residences he frequented.

On 4/6/18, a search warrant was executed on the defendant’s residence in the area of Hames Court, Frederick.  A total of $27,566.00 cash was found in the defendant’s bedroom closet and several cell phones were found in the defendant’s bedroom.  A truck parked directly in front of the residence was known to be driven by the defendant and a K-9 scan of the vehicle resulted in a positive alert.  A large white paper bag behind the passenger seat contacted a digital scale, 131 grams of powder cocaine, and 28.5 grams of crack cocaine.

The Honorable William R. Nicklas, Jr. deferred sentencing until December 13, 2018, so that a pre-sentence investigation could be completed and revoked the defendant’s bond.

The State was represented by Deputy State’s Attorney Nanci Hamm.

 

Charles Smith, III

State’s Attorney for

Frederick County, Maryland