Monrovia Man Found Guilty of Felony Domestic Assault

FREDERICK, MD – This afternoon in Frederick County Circuit Court, a Frederick County jury found Everett Leroy Barton Jr., age 61, of Monrovia, MD guilty of 1st Degree Assault and 2nd Degree Assault.

 

On April 19, 2020 at approximately 11:00pm, Frederick County Sheriff’s Office deputies were dispatched to the 3700 block of Blueberry Drive in Monrovia for the report of a domestic incident. Responding deputies determined that the defendant and his wife, the victim, had been involved in an altercation when the Defendant accused her of infidelity.

 

During the course of the altercation, the defendant grabbed the Victim by her arms, and strangled her, and punched two holes through a wall on either side of her head as he held her neck. A family member intervened, and Barton proceeded upstairs, grabbed a knife from the kitchen and threatened the victim. The victim sustained injuries consistent with strangulation, as well as injuries to her arms.

 

 

State’s Attorney Charlie Smith commented, “Domestic violence is a huge problem both locally and nationally. It is critical that we hold domestic abusers accountable and provide protection to victims of these acts. According to the Training Institute on Strangulation Prevention, victims are 750% more likely to be killed by their abuser if they have previously been strangled. That statistic is not only shocking, but proves the important of domestic violence prosecution.”

 

 

The Honorable Judge Scott Rolle scheduled sentencing for June 24, 2021 at 9am.

 

 

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

 

 

Everett Leroy Barton Jr.

FCSAO COMPLETES INVESTIGATION OF OCTOBER POLICE-INVOLVED SHOOTING IN EMMITSBURG

FREDERICK, MD- The Frederick County State’s Attorney’s Office (FCSAO) has completed its review of an officer-involved shooting incident that occurred on October 19, 2020 at approximately 2:42pm in the area of 47 Park Drive in Emmitsburg, MD involving a deputy from the Frederick County Sheriff’s Office and a trooper from the Pennsylvania State Police. This officer-involved shooting occurred in relation to the apprehension of David Leatherman, the co-defendant of the deceased Bryan Selmer, and did not result in injury.  The FCSAO’s review focused exclusively on whether criminal charges relating to the law enforcement officers’ conduct are warranted.

 

After the review of all available evidence and application of expert opinion to that evidence, the FCSAO declines to bring criminal charges against the two officers involved. This decision is based entirely on the relevant criminal laws and standards of proof in Maryland and does not limit administrative action by the Frederick County Sheriff’s Office or civil actions where less stringent laws, rules, and legal standards of proof apply. The FCSAO’s authority extends only to criminal matters and as such we express no opinion regarding the propriety or likelihood of success of any non-criminal actions.

 

FULL REPORT:

DECLINATION – Emmitsburg 1st Shooting

 

FREDERICK MAN SENTENCED FOR BASEBALL BAT ATTACK ON PARENTS

FREDERICK, MD – This morning in Frederick County Circuit Court, Salvador Antonio Javitt, age 21, of Frederick, MD, appeared for sentencing before the Honorable Judge William R. Nicklas Jr. The defendant pled guilty to attempted 2nd degree murder and 1st degree assault, both crimes of violence, in a previous hearing on April 9, 2021. Javitt was sentenced to 30 years suspend all but 6 years for attempted 2nd degree murder and 20 years suspend all but 5 years for first degree assault, with the sentences running consecutively. The defendant will serve 11 years active incarceration. The Court also recommended the Patuxent Institution. Following his release, Javitt must complete 5 years of supervised probation. Javitt will receive credit for time served at the Frederick County Adult Detention Center since October 17th, 2019.
On October 16, 2019, Frederick County Sheriff’s deputies were dispatched to the 6700 Block of Overton Circle for the report of an assault. The 911 caller, identified as the defendant’s sister, discovered her parents suffering from severe blunt force injuries and told dispatchers that the defendant had been arguing with his parents and was no longer at the home. As part of the investigation, detectives learned that the injuries were the result of the victims being attacked with a baseball bat. Both victims were flown to the R. Adams Cowley Shock Trauma Center in Baltimore with life-threatening injuries.
Since the attack, the defendant’s parents have recovered from their injuries and asked for leniency from the court at sentencing. Due to the serious and violent nature of this attack, the State believed a strong sentence was warranted and recommended 18 years active incarceration and also recommended that the Court refer the defendant to the Patuxent Institution as part of his prison sentence.
State’s Attorney Charlie Smith commented, “It’s always difficult when you feel differently about punishment than the victims. In the end, I think the judge balanced their position against ours and came to this sentence.”
The State was represented by Violent Crimes Unit Chief Assistant State’s Attorney Rebecca Clinton and Assistant State’s Attorney Brett Engler.
Salvador Antonio Javitt

Frederick Jury Finds Man Guilty of Rape

Frederick, MD – Late this afternoon in Frederick County Circuit Court, a jury of twelve Frederick County residents found Christopher D. Alexander, age 39, of Frederick, MD guilty of 2nd Degree Rape, 2nd Degree Assault, and possession of phencyclidine (PCP).

 

State’s Attorney Charlie Smith commented, “This young woman showed tremendous courage taking the stand to share her account of that terrible and traumatic night. Unfortunately, this kind of trauma often lasts for years. Hopefully, this guilty verdict and a lengthy sentence will help in the healing process.”

 

The victim and defendant were casual acquaintances. On the night of the incident, April 22, 2019, the victim went over to the defendant’s house for what had been arranged as an appointment to do the defendant’s hair. Alexander offered the victim several drinks and she blacked out. She awoke to him raping her, pushed him off and ran out of the residence in the early morning hours of April 23rd. She immediately went to a friend’s house nearby and the friend called the police. She was treated at Frederick Health Hospital, where they took blood and urine samples. Those samples were tested at the FBI Chemistry Unit in Quantico, Virginia where they tested positive for alcohol, phencyclidine (PCP) and a prescription antihistamine. A search of the defendant’s residence revealed a vial with a large quantity of phencyclidine (PCP).

 

The Honorable Judge Richard Sandy scheduled sentencing for July 29th, 2021 at 9:00am. Alexander faces up to 21 years in the Division of Corrections.

 

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

Hogan Appoints State’s Attorney Charlie Smith to State Handgun Roster Board

Maryland Governor Larry Hogan has appointed State’s Attorney Charlie Smith to the State’s Handgun Roster Board for the remainder of a term of four years from December 8, 2020. Smith’s name will be formally submitted on the first day of the next legislation session before the Maryland State Senate. His swearing-in is yet to be scheduled.
The Handgun Roster Board is responsible for determining which handguns may be sold in the State of Maryland. Maryland Public Safety Article 5-406 establishes that a person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not included on the handgun roster.
For more information on the Handgun Roster Board visit: https://mdsp.maryland.gov/…/Licensin…/HandgunRoster.aspx

FORMER VICTOR CULLEN CENTER EMPLOYEE FACING SEX ABUSE OF A MINOR CHARGES

FREDERICK, MD – This afternoon in Frederick County Circuit Court, a bond review was held for Jessica Margaret Irving, age 33, of Hagerstown, Maryland. Irving was indicted by the Frederick Grand Jury March 19, 2021 on three counts of Sex Abuse of a Minor and three counts of Sex Offense-Juvenile Detainee. The State requested that the defendant be held without bond due to the nature of the charges involving a child while Irving was in a position of authority. Judge Richard Sandy ordered a $5,000 secured bond, pretrial supervision, and no contact with the victim or minor-aged children.

 

On April 16, 2020, the Maryland State Police was contacted by the Department of Juvenile Services (DJS) regarding a sexual abuse complaint between a prior Victor Cullen Center youth and current Victor Cullen staff member.  It was reported that a 17-year-old youth had been released from the Victor Cullen Center on March 23, 2020.  Once he was released, the staff member contacted him via social media. The youth was interviewed and told investigators that the staff member picked him up from his home on two occasions and drove together to a location where they engaged in sexual intercourse.  He also advised that while he was at the Victor Cullen Center, the staff member had sexual contact with him approximately six or seven different occasions.  The victim also stated that he and the staff member would frequently kiss while he was in the treatment program at Victor Cullen Center. All charges specifically relate to Irving’s relationship with the teen during his time as a resident of Victor Cullen.

 

The Victor Cullen Center is a Department of Juvenile Services hardware secure treatment facility for male youths located in Sabillasville, Maryland.

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Frederick Man Found Guilty of Voter Intimidation

FREDERICK, MD – This morning in Frederick County District Court, James Dale Reed, age 42, of Frederick stood trial charged with one count of Threat of Mass Violence and one count of Voter Intimidation. The bench trial was held before the Honorable Judge Eric William Schaffer. Following arguments and testimony put forward by the State and defense, Judge Schaffer found Reed Guilty of Voter Intimidation and Not Guilty for Threat of Mass Violence. Following a recess, Reed was sentenced to 2 years in the Division of Corrections with all but time served (132 days) suspended. Reed must also complete 3 years of supervised probation.

 

In reaction to the ruling, State’s Attorney Charlie Smith commented, “In the rendering of his verdict, Judge Schaffer stated that the Maryland statute requires a minimum of 5 people be threatened to constitute a threat of mass violence. We respect his interpretation of the law, but believe that the letter clearly represented a serious threat of political violence against a larger group of people.”

 

Reed was charged after residents of a home on Kline Blvd. in Frederick reported receiving a threatening letter in their mailbox. Reed targeted the address due to several political signs displayed on their property. The letter contained threats of violence against then-presidential candidate Joe Biden, his running-mate Sen. Kamala Harris, and former Rep. Gabby Giffords. The letter also stated, “this is a warning to anyone reading this letter that if you are a Biden/Harris supporter you will be “targeted”, have a list of homes and addresses by your election signs.”

 

The State was represented by Assistant State’s Attorney Samantha Slattery. Federal charges in this incident are pending.

 

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James Dale Reed

Assistant State’s Attorney Brett Engler joins the Legal Advisory Committee for the Training Institute on Strangulation Prevention

Congratulations to Assistant State’s Attorney Brett Engler on joining the Legal Advisory Committee for the Training Institute on Strangulation Prevention. Ms. Engler works hard each day to protect victims of domestic violence and raise awareness of the dangers of strangulation.

 

Strangulation has been identified as one of the most lethal forms of domestic violence and sexual assault: Mere seconds can result in unconsciousness, and minutes leading to death. In the past, the severity of strangulation was often overlooked due to the apparent lack of external physical injuries. Greater study revealed the severe and lasting impacts of constricting blood and air flow in the neck.

 

Domestic violence safety advocates, medical professionals, legislators, and prosecutors have all recognized the serious nature of this offense and have taken great strides to help protect victims. In 2020, the Maryland General Assembly passed legislation defining strangulation as 1st Degree Assault, a felony that can carry up to 25 years incarceration.

Statistics release by the Training Institute on Strangulation Prevention highlight that victims are 750% more likely to be murdered by someone who had previously strangled them.

 

ABOUT THE TRAINING INSTITUTE ON STRANGULATION PREVENTION (https://www.strangulationtraininginstitute.com/about-us/)

The Training Institute on Strangulation Prevention (Institute) is a program of Alliance for HOPE International.  The Institute was launched with support from the United States Department of Justice, Office on Violence Against Women in 2011 in effort to bring awareness and education about the lethality and long-term consequences of non-fatal strangulation and suffocation assaults to victims of across the lifespan.  The Institute seeks to prevent IPV homicides through awareness, education and training; develop new tools and resources; support professionals in the field; identify and promote best practices; recruit and develop experts and specialist; enhance the health and safety of victims; and improve offender accountability. The Institute has three working committees: Medical, Legal and Advocacy.

Brett Engler

Assistant State’s Attorney

 

District Court Chief Michael J. Moore Appointed to State Board of Law Examiners

Michael J. Moore, Esq., Executive Team and Chief of our District Court Division, was recently appointed to the State Board of Law Examiners by Maryland’s Highest Court, the Court of Appeals.   The State Board of Law Examiners and its staff administer the bar examination and coordinate the application process by which persons are admitted to practice law in Maryland. Historically, Courts of the Maryland Province were first authorized to examine persons seeking to practice law in 1715. These examinations typically were carried out by the County Courts from 1715 to 1851. Those duties then were assigned to the Circuit Courts from 1851 to 1898, when the State Board of Law Examiners was created by the General Assembly.  Seven lawyers compose the Board of Law Examiners. They are appointed to five-year terms by the Court of Appeals . Moore replaces longtime Western Region board member Greg Getty, who recently retired. Reflecting on the new position, Moore commented, “I am humbled and honored to be able to serve my profession in this capacity and look forward to the challenge.”

Michael J. Moore

SAO District Court Chief

FCSO DEPUTIES JUSTIFIED IN OCTOBER POLICE-INVOLVED SHOOTING

FREDERICK, MD – The Frederick County State’s Attorney’s Office (FCSAO) has completed its review of the officer-involved shooting death of Bryan Selmer that occurred on October 19, 2020 at approximately 2:52pm in the area of the Silo Hill Exxon in Emmitsburg, MD involving two deputies from the Frederick County Sheriff’s Office. The FCSAO’s review focused exclusively on whether criminal charges relating to the deputies’ conduct are warranted.

After the review of all available evidence, the involved deputies’ conduct does not warrant criminal charges under Maryland law. This conclusion is based entirely on the relevant criminal laws and standards of proof in Maryland and does not limit administrative action by the Frederick County Sheriff’s Office or civil actions where less stringent laws, rules, and legal standards of proof apply. The FCSAO’s authority extends only to criminal matters and as such we express no opinion regarding the propriety or likelihood of success of any non-criminal actions.

FCSAO Declination Report – Bryan SELMER PR COPY