“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

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 6^th. 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

FREDERICK, MD – Yesterday evening at approximately 5:30 pm, a Frederick jury returned guilty verdicts for 2^nd degree rape, 3^rd degree sex offense and 2^nd 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

FREDERICK, MD – This afternoon in Frederick County Circuit Court, a jury found Oleh John Kuziw, age 36, of New Market, MD guilty of 2^nd degree assault. The Honorable Judge Julie Stevenson Solt scheduled sentencing for Tuesday, November 30, 2021 at 9:00 am.

On April 4, 2021 at 4:08 pm, Frederick County Sheriff’s deputies were dispatched to the 6800 block of East Shavano Road in New Market for the report of a domestic incident in progress. While en route, dispatchers advised a responding deputy that the adult female victim was now at a McDonald’s Restaurant parking lot located in the 2400 block of  Osprey Way South in Frederick. Deputies and responding EMS units observed visible swelling to the victim’s face and eyes. The victim was transported via ambulance to Frederick Health Hospital where she received treatment in the emergency room and was assessed by the Forensic Nursing Unit. Investigation revealed the injuries sustained by the victim were consistent with strangulation. Deputies determined that the defendant and victim were engaged at the time of this incident.

The State’s Attorney’s Office encourages anyone suffering from domestic violence to reach out to law enforcement for help.  You are not alone.  Victims can also reach Heartly House, 24/7 at 301-662-8800 for confidential support.

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

Oleh John Kuziw

FREDERICK, MD-     This morning in Frederick County Circuit Court, Eric Eugene Mooney, age 46, of Westminster, MD appeared before the Honorable Judge Julie Stevenson Solt for sentencing. Judge Solt sentenced Mooney to 25 years in the Division of Corrections, suspending all but 10 years active incarceration for a 2019 home invasion. The State had requested 15 years active incarceration while the defense argued for less than 10. Mooney entered an Alford plea to the charge August 24, 2021. An Alford plea is a type of guilty plea where a defendant does not admit to the criminal act but acknowledges that the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt. Prior to sentencing, Mooney paid restitution to the victim. In addition to his prison sentence, Mooney will be required to complete 5 years of supervised probation upon release.

On October 9, 2019, Frederick County Sheriff’s deputies were dispatched to a home in the 5300 block of Legion Drive in Mt. Airy for the report of a home invasion. The female victim inside the home advised that at approximately 8:10 am, a white Ford F-350 pickup truck pulled into her driveway. The defendant exited from the truck and approached the home, appearing to be dressed as a utility worker and wearing an “elderly man” costume mask. The defendant asked the victim “I want to see if you have power out down there”, seemingly covering his mouth to disguise his voice. The victim responded with “what?”. The victim then opened her storm door, at which point the defendant rushed at the victim, grabbing her by the neck and pushing her back inside the house. He then tied up the victim with zip ties, forced her to give him the combination to open a safe in the home, and made off with approximately $13,000 in currency plus additional valuables. Mooney was identified in June 2020 as the suspect, after sunglasses he wore in the commission of the crime that had been left at the scene tested positive for his DNA in FBI CODIS (Combined DNA Index System).

Following the ruling, State’s Attorney Charlie Smith commented, “This was an outrageous and horrifying attack on the victim. It was forceful and pre-planned. No one should feel unsafe inside their own home. This sentence was not only warranted but needed to protect the community from this defendant.”

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

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Eric Eugene Mooney