Update On March 18, 2022 Deputy-Involved Shooting Investigation

FOR IMMEDIATE RELEASE

April 6, 2022

 

 

Ref:     3/18/22 Officer-Involved Shooting in a/o of 6970 Rooks Court, Frederick, MD 21701

 

 

The Frederick County State’s Attorney’s Office has reviewed body-worn camera footage, witness statements, and other evidence collected in the March 18, 2022 police-involved shooting involving DFC Christian Lucente in the area of 6970 Rooks Court.  After reviewing all evidence and consulting with the investigators assigned to this incident, my office has concluded that the use of deadly force by DFC Christian Lucente against Lookman-Khalil Bello was necessary and proportional.  Therefore, it was legally justified under Maryland law given the standard set by the United States Supreme Court case of Graham v. Connor.   As a result, it is our opinion that DFC Lucente did not commit a crime and therefore no charges will be placed against DFC Lucente.  We do not opine on lesser conduct and this opinion does not preclude any administrative actions that may be taken by Internal Affairs.

As Lookman-Khalil Bello has pending criminal charges against him, it is the policy of the Frederick County State’s Attorney’s Office not to release any evidence, including the body worn camera footage, nor provide further comment at this time.  The decision to not release evidence, including any verbal or non-verbal statements therein, being used against the Defendant at trial is governed by the Maryland Rules of Professional Conduct, Rule 19-303.6 and Rule 19-303.8 (e), which state in part:

(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, [prosecutors shall] refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 19-303.6.

A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence.  The potential impact of pretrial publicity on a pending prosecution must be balanced against the public’s interest in transparency and police accountability.  It is our duty to consider the due process rights of the accused when deciding whether to release, or to advise police departments to release, body-worn camera footage pre-trial.  With that said, the existing rules and law prioritize the functioning of our justice system over the public’s right and demand to immediately see and hear the evidence in any case.

This decision to not release certain evidence at this time is merely temporary.  In all police-involved shootings a full declination report disclosing and detailing all the evidence, including body worn camera footage, and the decision-making process as it relates to the use of force will be released by our office upon the conclusion of the pending criminal prosecution.

 

 

Respectfully,

J. Charles Smith III

State’s Attorney

 

FREDERICK MAN SENTENCED FOR 2019 RAPE OF 14-YEAR-OLD GIRL

FREDERICK, MD – This morning in Frederick County Circuit Court, Willian Alexander Reyes-Reyes, age 29, of Frederick was sentenced to twenty years suspend all but ten years in the Division of Corrections for 2nd Degree Rape. In December 2021, a Frederick jury found Reyes-Reyes guilty of 2nd degree rape, 3rd degree sex offense, and 2nd degree assault. In sentencing, charges of 3rd degree sex offense and 2nd degree assault merge with 2nd degree rape. Upon release, Judge Theresa Adams ordered that Reyes-Reyes serve five years of supervised probation, register as a Tier-3 sex offender, have no contact with the victim or females under age 16, submit to the COMET program, and follow all recommendations by the court and probation agent.

 

State’s Attorney Charlie Smith commented, “The sentence was the maximum under the sentencing guidelines, and he deserved it.  Frederick is very fortunate to have an SVU prosecution team who aggressively seeks justice for these victims.”

 

 

On October 11, 2019, officers with the Frederick Police Department responded to an apartment on Waverly Drive in Frederick. Officers spoke with an adult female who advised her 14-year-old daughter said she was raped the day prior, October 10, 2019. Investigators learned that the victim had been hanging out with a group of friends in the woods behind the Elmwood Terrace Apartments on the evening of October 10th. The defendant, who was known to the victim, was also with the group. When the victim went to leave the group and go home, the Defendant insisted upon walking her home.  Once away from the group, he told her he was lost and told her to sit down while he tried to figure out where they were.  As soon as she sat down, he attacked her.

 

The SVU Prosecution team consisted of Chief Assistant State’s Attorney Tammy Leache, Investigator Jimmy Simms, Victim Witness Coordinators Beth Hubble and Kim Murdock, and Legal Associate Melanie Sokolovich.

 

Willian Alexander Reyes-Reyes

MIDDLETOWN MAN ENTERS GUILTY PLEA, SENTENCED IN WIFE’S 2020 MURDER

FREDERICK, MD –    This afternoon in Frederick County Circuit Court, Thomas Anthony Lehan, age 39, of Middletown, MD was sentenced to life suspend all but fifty (50) years in the Division of Corrections for first-degree murder. Following Lehan’s guilty plea, Judge Julia A. Martz-Fisher sentenced Lehan according to the terms agreed upon between the State and defense.

 

State’s Attorney Charlie Smith commented, “Domestic violence homicides are heinous enough on their own, but when you add that it was committed in front of a child it is particularly egregious.  Justice was served by this 50-year sentence. But more importantly, the family now has peace and certainty in the outcome and they were extremely relieved.”

 

On March 22, 2020, deputies with the Frederick County Sheriff’s Office were dispatched to the 200 block of Broad Street in Middletown for a missing persons report. The defendant initially told investigators that his wife, Kathleen (Katie) Lehan, had left their home because she “needed air” and walked out the front door. He stated that he took their young son in the car to search remote places in the area for her. He finally contacted 911 at the advice of family. Over the course of the week of March 22, the Frederick County Sheriff’s Office searched for Katie Lehan in the days she was reported missing and conducted interviews and investigation of the Defendant. On March 26, 2020, the defendant confessed to his father-in-law that he had strangled his wife. Later that day, Lehan told investigators the location of the victim’s body. Lehan admitted to strangling Katie Lehan inside their residence on Sunday, March 22, 2020. The defendant also admitted to leaving the victim’s body along Lambs Knoll Road and returning on March 23rd to move the body to a creek bed in an area between Burkittsville and Brunswick in Frederick County.

 

The State was represented by State’s Attorney Charlie Smith and Chief Assistant State’s Attorney Rebecca Clinton.

Thomas Anthony Lehan

FINAL DEFENDANT SENTENCED IN 2020 WATERSIDE HOMICIDE

FREDERICK, MD – This afternoon in Frederick County Circuit Court, Jordan Burris Hooks, age 29, of Frederick was sentenced to thirty years with all but eight and a half years of that sentence suspended and to be served in the Division of Corrections. Hooks will receive credit for the time he has served since his arrest on the charges in this case. Hooks was convicted in a November 2021 jury trial of involuntary manslaughter, second-degree assault, conspiracy to commit second-degree assault, and accessory after-the-fact to first-degree murder. Judge Julia A. Martz-Fisher also ordered that Hooks complete three years of supervised probation and 100 hours of community service following his release.

 

On September 6, 2020, Frederick County Sheriff’s deputies responded to a walking path behind the Waterside Community in Frederick for the report of a person suffering from head trauma. Passersby discovered the victim and called 911. The victim, Jaemari Anderson, was transported to Baltimore’s R. Adams Cowley Shock Trauma Center by Maryland State Police helicopter. A short time later, Anderson was pronounced dead. Investigators determined that the victim was killed by a single gunshot wound to the head.

 

After extensive investigation, detectives learned that Jordan Hooks and his co-defendants Brian Braheem Henry and Daniel Alonzo Flythe were gathered at the Hooks residence in Waterside on the night of September 6th. After a verbal dispute between Hooks and Anderson, Anderson, Hooks, Flythe, and Henry left the residence and walked down to the walking path. According to testimony, believing he was about to get into a fight, Anderson turned to hand Flythe his eyeglasses, but instead was shot once in the head at close range by Flythe.

 

On January 10, 2022, Flythe reached a plea agreement and was sentenced to life suspend all but forty (40) years active in the Division of Corrections for first-degree murder. Brian Henry plead guilty to accessory after-the-fact to first-degree murder and was sentenced February 10, 2022 to ten (10) years in the Division of Corrections.

 

“We are immensely grateful to our prosecution team and the FCSO investigators who poured countless hours into seeking justice for Jaemari and his family. While this third and final sentencing cannot bring back this beloved young man in the Waterside community, we hope that his family can finally feel some closure,” said State’s Attorney’s Office spokesperson Will Cockey.

 

The State was represented by Assistant State’s Attorneys Jason Shoemaker and Timothy Gilbert.

 

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FREDERICK MAN SENTENCED TO LIFE PLUS 20 YEARS FOR JUNE 2020 BALLENGER CREEK MURDER

FREDERICK, MD – This morning in Frederick County Circuit Court, Richard Eugene Cartnail III, age 18, of Frederick was sentenced to life plus twenty (20) years in prison for the June 2020 murder of 17 year-old Ty’Kerria Katherine Dawson. Cartnail received two concurrent life sentences for 1st Degree Murder and Conspiracy to Commit 1st degree murder. He also received a consecutive twenty (20) year sentence for Use of a Firearm in the Commission of a Felony. Finally, he received a concurrent five (5) year sentence for Minor in Possession of a Regulated Firearm. Judge Scott Rolle ordered that Cartnail be transferred to the Division of Corrections immediately. A Frederick jury found the defendant guilty of those offenses in a December 2021 trial.

State’s Attorney Charlie Smith commented, “The Defendant acted senselessly and has an utter lack of remorse. He deserves this sentence. This was a cold and calculated murder, and the manipulation of individuals around him was also egregious. This sentence sends a message that those who commit horrific acts of violence will be removed from the public for a long, long time.”

At approximately 5:10 PM on June 27th, 2020, Frederick County Sheriff’s Office deputies were dispatched to a wooded area at the end of Briargrove Court in Frederick for the report of a deceased person. Officials found 17-year-old Ty’Kerria Katherine Dawson of Hagerstown, MD deceased near a creek bed. First responders received a 911 call from a local resident who was out for a walk in the wooded area and discovered the victim’s body. During the course of the investigation, detectives found several .45 caliber shell casings at the scene and clothing later tested for DNA, among other physical evidence. Investigators learned that Cartnail and the victim had been in a relationship and that Cartnail had detailed a plan to kill Dawson. Dawson travelled to Cartnail’s residence in the late hours of June 26, 2020. Shortly after her arrival, she and the defendant walked from Cartnail’s residence to a nearby wooded area where a female juvenile co-defendant was waiting with a bag containing a handgun and a change of clothes. Cartnail retrieved the gun from the bag and shortly thereafter shot the victim three times in the head.

 

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

 

Richard Eugene Cartnail III

STATEMENT FROM STATE’S ATTORNEY CHARLIE SMITH ON FEBRUARY 11TH, 2022 FREDERICK POLICE-INVOLVED SHOOTING

“The State’s Attorney’s Office has reviewed the body-worn camera footage, witness statements, and the physical evidence collected from last Friday’s police-involved shooting.  After reviewing all evidence and consulting with the investigators from the Maryland State Police assigned to this incident, my office has concluded that the use of deadly force by Officers Kristen Kowalsky and Bryan Snyder against Dominique Lamar Lewis was necessary and proportional.  Therefore, it was legally justified under Maryland law and the standard put forth by the United States Supreme Court in Graham v. Connor.   As a result, no charges will be placed against the officers.

 

As Dominique Lewis has pending criminal charges against him including the attempted 1st-degree murder of two law enforcement officers, we are unable to release the videos or provide further comment at this time.  As done in previous police-involved shootings, a full declination report detailing the evidence and the decision-making process as it relates to the use of force will be released by our office upon the conclusion of the criminal case.  Given the specific facts of this case, the decision to not release the videos is compelled by the rules of ethics, specifically Rule 19-303.8, which details the special responsibilities of a prosecutor as it relates to extrajudicial statements concerning pending criminal matters.

 

Mr. Lewis is expected to have a bond review in the Frederick County District Court upon his release from the hospital.”

 

 

 – J. Charles Smith III

State’s Attorney

January is National Stalking Awareness Month

JANUARY IS NATIONAL STALKING AWARENESS MONTH
1 in 6 women and 1 in 17 men will experience stalking in their lifetimes.
COMMON STALKING TACTICS INCLUDE:
– Unwanted phone calls
– Unwanted emails, instant messages, text messages, voice –
messages, or social media messages
– Approaching a victim or showing up unwanted, such as at the
victim’s home, workplace, or school
– Leaving strange or potentially threatening items for the victim to
find
– Watching, following, or tracking a victim
– Sneaking into the victim’s home or car and doing things to scare
the victim or let them know the perpetrator had been there.
LOCAL AND NATIONAL RESOURCES FOR VICTIMS:
Heartly House (Frederick) – 24 Hour Hotline – 301-662-8800
Victim Connect: 1-855-4VICTIM (1-855-484-2846)
National Domestic Violence Hotline: 1−800−799−7233 or TTY 1−800−787−3224 En Español
The National Sexual Assault Hotline: 1-800-656-HOPE (4673)

Silver Spring Man Sentenced in 2020 Waterside Homicide

FREDERICK, MD – Today in Frederick County Circuit Court, Daniel Alonzo Flythe, age 27, of Silver Spring, MD was sentenced to life suspend all but 40 years active incarceration in the September 2020 Waterside murder of Jaemari Anderson. The defendant appeared remotely for the hearing from the Frederick County Adult Detention Center due to a quarantine. Flythe asked for the court to recommend the Division of Correction’s Eligible Person Program, which Judge Adams denied. The parents of the victim were present in the courtroom and gave victim impact statements.

 

Flythe entered an Alford plea pursuant to a plea agreement before Judge Theresa Adams on December 13, 2021. An Alford plea is a type of guilty plea whereby a defendant does not admit to a crime, but acknowledges that the State has sufficient evidence to prove their guilt.

 

On September 6, 2020, Frederick County Sheriff’s deputies responded to a walking path behind the Waterside Community in Frederick for the report of a person suffering from head trauma. Passersby discovered the victim and called 911. The victim, Jaemari Anderson, was transported to Baltimore’s R. Adams Cowley Shock Trauma Center by Maryland State Police helicopter. A short time later, Anderson was pronounced dead. Investigators determined that the victim was killed by a single gunshot wound to the head.

 

After extensive investigation, detectives learned that Daniel Flythe and co-defendants Brian Henry and Jordan Hooks were gathered at the Hooks residence in Waterside on the night of September 6th. After a verbal dispute between Hooks and Anderson, Anderson, Hooks, Flythe, and Henry left the residence and walked down to the walking path. Believing he was about to get into a fight, Anderson turned to hand Flythe his eyeglasses, but instead was shot once in the head at close range by Flythe.

 

The State was represented by Assistant State’s Attorneys Jason Shoemaker and Tim Gilbert.

 

Daniel Alonzo Flythe

CHILD SUPPORT DIVISION RECEIVES SILVER AWARD

FREDERICK, MD –   The State’s Attorney’s Office is proud to announce that the Frederick County Department of Social Services, Office of Child Support, in cooperation with the Child Support Division of the State’s Attorney’s Office have earned the Maryland State Child Support Administration’s Silver Award for outstanding performance in fiscal year 2021.  The Silver Award is given to the counties who exceed their goals for the fiscal year in at least three of the four performance measures set for that county for the fiscal year (Support Orders Established, Paternity Established, Current Support Collections and Cases Paying on Arrears).  Frederick County was one of only eight counties in the state to achieve this standard and were commended by Kevin Guistwite, Executive Director of the Child Support Administration when the awards were announced on December 10, 2021: “This level of success during the second year of the unprecedented COVID-19 Pandemic is an achievement for which all are to be proud.”

 

The State’s Attorney’s Office has been fortunate to have a working relationship under a Cooperative Reimbursement Agreement with the Department of Social Services Child Support Division for more than 20 years.

 

State’s Attorney Charlie Smith added, “our joint effort, hard work and cooperation has led to this great success, and we also acknowledge and thank Debbie Marini, Director, Tiffany Gregoire, Assistant Director and the entire Child Support Staff at DSS for this long term and successful partnership.”

FREDERICK MAN CONVICTED OF RAPE OF 14-YEAR-OLD GIRL

FREDERICK, MD – Yesterday evening at approximately 5:30 pm, a Frederick jury returned guilty verdicts for 2nd degree rape, 3rd degree sex offense and 2nd degree assault in the trial of Willian Alexander Reyes-Reyes, age 28, of Frederick, MD. Judge Theresa M. Adams requested that the court’s assignment office determine a sentencing date.

 

On October 11, 2019, officers with the Frederick Police Department responded to an apartment on Waverly Drive in Frederick. Officers spoke with an adult female who advised her 14-year-old daughter said she was raped the day prior, October 10, 2019. Investigators learned that the victim had been hanging out with a group of friends in the woods behind the Elmwood Terrace Apartments on the evening of October 10th. The defendant, who was known to the victim, was also with the group. When the victim went to leave the group and go home, the Defendant insisted upon walking her home.  Once away from the group, he told her he was lost and told her to sit down while he tried to figure out where they were.  As soon as she sat down, he attacked her.

 

State’s Attorney Charlie Smith commented, “This young teenage girl was attacked and sexually assaulted by a grown man. The jury’s swift verdict in this case indicates they recognized the overwhelming evidence and witness testimony. We look forward to sentencing and making sure he never poses a threat to another child.”

 

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

 

Willian Alexander Reyes-Reyes