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Man violates probation, ends up in jail for three years

La Plata, MD – David Martin Barnes, 44 of Indian Head, is unfortunately quite familiar with the Charles County and state of Maryland’s legal justice system. He has been a frequent visitor to La Plata.

Having violated probation with a string of third-degree burglary charges, Charles County Assistant State’s Attorney Jared I. Albert found himself with a half-dozen cases set for disposition before Charles County Circuit Court Judge Amy J. Bragunier Tuesday, Jan. 31.

The judge put the cases all to rest, sentencing Barnes to a flat three years in the Charles County Detention Center with an additional ruling that she would grant him a bed in a treatment facility toward the end of that active-time sentence.

“It is notable that the defendant has three prior convictions for violating protective orders,” Albert argued. “With the new burglary charges, he violated his probation in those cases, some of which are 11 or 12 years old,” he added.

Albert stated, “After being sentenced for violating a protective order, he actually threatened the victim in the courtroom.”

“As is consistent with the written plea, the state is asking for a three-year cap with no probation,” Assistant State’s Attorney Tiffany Campbell said.

Albert did point out that Barnes was entitled to 204 days of credit for time served.

Charles County Assistant Public Defender Zain Shirazi told the judge his client was in jail-based treatment already. Sharazi said the defendant has smoked marijuana, was addicted to cocaine and alcohol in his past. “He has come to a spot in his life where he recognizes that he has an addiction and he knows he would not be here if it weren’t for the drug abuse,” Shirazi said.

The defense attorney read aloud from a letter Barnes had written, stating, “I just wanted to be in my son’s life. I made a lot of bad decisions,” he read.

The judge gave him concurrent sentences of three years with 204 days of credit. She said if the defendant was able to find work she would grant work release and would consider an 8507 request for treatment toward the end of his sentence.

Originally posted at The BayNet: http://www.thebaynet.com/articles/0117/manviolatesprobationendsupinjailforthreeyears.html.

Kandes No Comments

Second heroin dealer in a week sentenced to prison

La Plata, MD – Sean Michael Allen, 26 of Indian Head, became the second distributor of heroin in Charles County to be sentenced to prison inside of a week when visiting Charles County Circuit Court Judge Eric Nyce sentenced the dealer to 10 years Wednesday, Jan. 18 in La Plata.

Nyce sentenced Allen, arrested last April for distribution with intent to distribute heroin, to 20 years. The judge suspended all but 10 years of the sentence and tacked on another four years concurrent to that sentence for possession of a regulated firearm.

The judge added four more years concurrently for a 2013 possession of oxycodone charge.

Allen was awarded five years of supervised probation upon his release.

Samantha Nicole Thomas, 33 of Waldorf, was sentenced Tuesday, Jan. 17 to 16 years for attempting to smuggle heroin into the Charles County Detention Center last year.

Sandra Wade, whose son Christopher died from a drug overdose allegedly provided by Thomas, said that while Allen was not associated with Thomas, he too provided someone with drugs that proved fatal.

“[Allen] is responsible for another mother losing her son,” Wade said. “At the time, police were still responding to overdoses without an investigator. She knew [of Allen] through his phone. Police later asked for his phone but it had already been given to another relative to use.”

Charles County States Attorney Tony Covington said that while heroin deaths statewide have nearly doubled, some lives are being saved by police officers who are now provided with narcon, a drug which counteracts heroin overdoses.

“We are reviving some people,” he said.

Covington also admitted that lawmakers had advanced warning.

“We saw it years ago, what was coming,” he added. “It definitely looks like it’s going to get worse before it gets better.”

Originally posted at The BayNet: http://www.thebaynet.com/articles/0117/second-heroin-dealer-in-a-week-sentenced-to-prison.html.

Kandes No Comments

Woman who tried to smuggle drugs into jail sentenced

La Plata, MD – Samantha Nicole Thomas, 33 of Waldorf, tried to run, but in the end the law won.

Thomas was sentenced Tuesday, Jan 17 to 16 years of active time for attempting to smuggle heroin into the Charles County Detention Center July 30, 2015.

Thomas has had an interesting couple of weeks leading up to her incarceration.

She was scheduled to appear before Charles County Circuit Court Judge Amy J. Bragunier Jan. 11 but called her attorney, Charles County Assistant Public Defender Elizabeth Connell that morning, saying she was at University of Maryland Charles Medical Center in La Plata with an infection.

“She was thinking she had pneumonia,” Connell told the judge. “After numerous blood tests, doctors determined she has an infection that affects her heart.”

“I’m going to issue a bench warrant,” Bragunier said. “I would like her to be brought here.”

By Friday, Jan. 13, Thomas was scheduled to appear before Charles County Circuit Court Judge Thomas R. Simpson Jr. for arraignment on the bench warrant and again, was not in court. “She is still in the hospital,” Connell told Simpson on Friday. “I’m waiving her appearance.”

“She has already got an active bench warrant,” the judge noted, setting the matter back before Bragunier Friday, Jan. 20.

The only problem was, Thomas left the hospital Jan. 13 without being discharged.

Sandra Wade of Mechanicsville, whose son, Christopher Wade, 35 of Mechanicsville, died last October in Waldorf, allegedly from heroin supplied by Thomas, confirmed she had fled. “I heard she left the hospital with the IV still in her arm,” Wade said.

Friday the 13th was not the day to be on the lam, however. Thomas was apprehended later that day.

She was scheduled to be arraigned Jan. 17 in Charles County District Court but Bragunier sentenced her to 16 years with no chance for parole instead.

Thomas was indicted by a Charles County Grand Jury Dec. 16 on manslaughter charges related to Wade’s death and will face additional legal proceedings in court later this year.

Originally posted at The BayNet: http://www.thebaynet.com/articles/0117/womanwhotriedtosmuggledrugsintojailsentenced.html.

kimberly No Comments

Defendant who passed out is sentenced

La Plata, MD –  In July, a male defendant passed out in a Charles County Circuit Courtroom when a jury pronounced him guilty on five reckless endangerment charges. The defendant shot up his Oak Manor neighborhood in 2013 and was given a sentence of 26 years on Wednesday, Nov. 30.

Judge H. James West sentenced Clyde Fitzgerald Jones, 27 of Waldorf, to four three-year consecutive sentences for reckless endangerment, two years on another, tacked on a year for illegally possessing a firearm and another year for illegally possessing ammunition.

The judge added another 10 years, subtracting 602 days for  time served—for violating his probation when he was arrested on the reckless endangerment charges.

“This is not his first offense,” Charles County Assistant States Attorney Jeremy Widder told the court, citing a 2008 trespassing charge, and a 2012 case where he was charged with obstructing and hindering a police officer. He also pled guilty in the past to DUI, Widder said. He called Jones’ actions on the night of April 8, 2015, where he shot into several residences on Oak Manor, unacceptable. “This is behavior that should never happen,” Widder stated. “This is stuff you just cannot do.”

He said Jones was told to stay away from his girlfriend, Laura Barber and to stay away from alcohol. During the night of the shooting, Jones picked Barber up and went to a liquor store before having sex with her. These actions violated two of the conditions of his probation, Widder stated.

“The couple was involved in an abusive relationship,” he said, noting that Barber had accused Jones of punching her in the face, an allegation she later recanted.

“Shooting multiple times into a residence, these are the kinds of crimes that shake a community to its core,” Widder stated.

“Prior to his arrest, he was complying with probation,” Defense Attorney Justin Eisele said. Eisele explained his client was distraught over the death of his sister who was murdered in that same Oak Manor community, a murder that was never solved.

“This was a serious crime for the people in Oak Manor,” West said before putting the hammer down. “I have to respect what the jury decided. Ultimately, there are so many things going on in this case. It was a very serious case.”

West told the defendant when he was finished serving his time, he was done.

“There will be no probation,” the judge said.

Originally posted at The BayNet: http://www.thebaynet.com/articles/1116/defendantwhopassedoutissentenced.html.

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Man who slit family puppy’s throat given jail time

La Plata, MD – A man who slit the throat of the family puppy while threatening to kill his ex-girlfriend, and her three children was sentenced to 13 years in prison by Charles County Circuit Court Judge Amy J. Bragunier Thursday, Dec. 1 in La Plata.

Stephen Eugene Paysinger, 38 of Waldorf, was sentenced to three years for the animal cruelty charge and another 10 years for second-degree assault.

Charles County Assistant State’s Attorney John A. Stackhouse asked Bragunier to consider the “sadistic and violent” behavior of the defendant in considering her sentence.

The first assault, Stackhouse noted, occurred on Valentine’s Day 2016 and the second on Feb. 24.

“He picked up the puppy and in front of the victim and the kids, he slit the dog’s throat,” Stackhouse stated. “Just looking at that, to cut a puppy in front of little kids like that, merits some consequence.”

The puppy had emergency surgery and did survive, he added.

“He has shown no remorse for his actions,” Stackhouse continued. “He even tried to pin this crime on somebody else.”

In addition, the prosecutor pointed out, “He comes to the table with quite a record.”

“My children were hurt and traumatized by what the defendant has done,” the victim said. “He violated the protective order several times. I’m asking the court to please protect my family and give them a chance to heal.”

Paysinger’s attorney, Makeba Gibbs, said that her client grew up in a tough neighborhood in New Jersey.

“Where he was raised, it wasn’t unusual to look out of the window and see someone getting murdered,” Gibbs said.

She said her client admitted to her he had an alcohol problem, and expressed regret that he hadn’t left the relationship earlier.

“I hear the defendant saying he regrets not leaving the relationship and for wasting the court’s time, but I don’t hear regret for what he did to the victim, her children, and the puppy,” Bragunier stated. “He seems to have no remorse for the sadistic and violent behavior he has exhibited.”

Bragunier sentenced Paysinger to three years in prison with credit for 187 days served on the animal cruelty charge. She gave him another 90 days concurrent to that sentence for violating the protective order.

In addition, Bragunier handed him a 10-year sentence, consecutive to the three years, for the second-degree assault charge. Then she also tacked on 10 years to run concurrent and 10 years suspended, both on assault charges.

Upon release, the defendant will have five years of supervised probation and she ordered him to undergo an alcohol evaluation. He was also court-ordered not to have contact with the victim or her children.

Bragunier said she would consider transferring his probation to New Jersey upon his release.

Stackhouse said because of the guideline structure, Paysinger will probably only end up serving a quarter of the time he was sentenced.

If Paysinger violates the terms of his probation upon release, the judge made sure he would face significant backup time in prison.

Originally posted at The BayNet: http://www.thebaynet.com/articles/1216/manwhoslitfamilypuppysthroatgivenjailtime.html.

Cori Meloney No Comments

Conway found guilty in murder trial

La Plata, MD – As a Charles County Circuit Court jury rendered its verdict Tuesday, Dec. 20, the shoulders of Caroline Marie Conway, 53 of Waldorf, began dropping a little more with each count as it was returned with an answer of “guilty” from the foreman.

Conway was convicted of First Degree Murder of Robert Mange, Conspiracy to Commit First Degree Murder of Robert Mange, Unlawful Use of a Firearm in the Commission of a Crime of Violence related to the Murder of Robert Mange, Attempted First Degree Murder of Krystal Mange, Conspiracy to Commit First Degree Murder of Krystal Mange, Unlawful use of a Firearm in the Commission of a Crime of Violence related to the Attempted Murder of Krystal Mange, First Degree Assault of Krystal Mange, Unlawful use of a Firearm in the Commission of a crime of violence related to the First Degree Assault of Krystal Mange, and Reckless Endangerment of four individuals.

Also, despite her plea that she was Not Criminally Responsible for her conduct, the jury found her Criminally Responsible on all charges in the incident which occurred May 20, 2015, at the Rock ‘N’ Roll McDonald’s located at Mall Circle in Waldorf and the wounding of Krystal Manges.

The verdict followed a 10-day trial and almost two days of deliberation. It also included a warning to the jury from Judge Eric Nyce on Monday, Dec. 19 to get busy or he might have to play the Grinch for Christmas.

Nyce took over for Judge Steven I. Platt, and as jury deliberations appeared to stall on Monday, the new judge turned the tables on the twelve deliberators.

One juror informed Judge Platt they had an international flight leaving Dec. 21 and requested to have Tuesday off to pack.

Another juror sent a note claiming they had to go out of town on Tuesday.

Judge Nyce wasn’t so nice.

After a debate away from the jury, Nyce said, “I do think this case is going to take precedent.”

Charles County Assistant States Attorney Francis Granados told the judge this was the first time the one juror had mentioned anything about having to be out of town on Tuesday.

“My view of it, I can’t surrender this case because someone has to be out of town,” Nyce stated. When the jury returned to the courtroom, any plans they may have had suddenly scuttled.

“To the juror who has an international flight on Wednesday, I suggest you spend this evening packing your bags because I am going to need you to be back here on time tomorrow,” the judge admonished. “We are going to deliberate tomorrow.”

Notes sent to the judge throughout Monday’s deliberation, asked for information on an issue that was not related to evidence in the case. The judge asked them to continue to deliberate and to focus on the evidence as presented throughout the trial.

As requests to be excused began drifting in, the judge decided to be a little more forceful. “A jury summons is in effect,” Nyce announced. “All jurors need to be here tomorrow.”

When deliberations resumed Tuesday, the jury asked to revisit the interview between the defendant and Charles County Sheriff’s Office Det. John Elliott.

They were only halfway through the interview when the judge took a break. Before the interviewing could resume the jury sent a note to the judge announcing they had reached their verdict.

Nyce said a sentencing date will have to be determined as it was Judge Platt’s case and he would have to consult with his office for that part of proceedings. Conway faces four life sentences plus 100 years. The State previously filed its Notice of Intent to Seek a Sentence of Life Imprisonment Without the Possibility of Parole.

An investigation into the shooting revealed that the victims were involved in an ongoing heated child custody battle with former Prince George’s County Police Officer, Richard Conway, the son of Caroline Conway.

Richard Conway, a former Prince George’s County police officer whose service weapon was used to commit the murder, allegedly conspired with his mother in the crime. Conway will face trial in Charles County Circuit Court Jan. 3.

Originally posted at The BayNet: http://www.thebaynet.com/articles/1216/conwayfoundguiltyinmurdertrial.html.

Cori Meloney No Comments

Woman cashed county check, gets 60 days

La Plata, MD – Laportia Chardae Davis, 25 was not prepared for what happened to her Wednesday, Nov. 30. She appeared before Charles County Circuit Court Judge H. James West for sentencing after entering a plea over the summer to possessing a counterfeit document.

Davis began crying as she was escorted from the courtroom after being sentenced to 60 days for cashing a check issued by the Charles County Government for $2,298 for new counters in an office building. Charles County Assistant States Attorney Jeremy Widder said the county treasurer’s office had to close all accounts payable and open new accounts because of the theft.

“The check ends up being cashed by Ms. Davis at the Bank of America in Iverson Mall,” Widder said. “The defendant had written her name over the cabinet maker’s name. She is seen on bank video depositing the printed check.”

Widder pointed out that Davis has two prior convictions in Virginia on similar thefts. “I feel jail time is appropriate in this case,” he said, “especially when it’s a check with taxpayer’s dollars. She has not paid restitution.”

“She was paid $50 to cash the check,” Charles County Assistant Public Defender John Getz told the court. “The man who stole the check was never charged. I hoped she would have restitution today, but she does not,” Getz said. “She admitted she was wrong. She fully cooperated with police.”

“I intend on paying,” Davis told West. “I fully accept responsibility. It was a big wake up for me.” The judge said he would grant work release so that she could begin paying restitution and sentenced her to five years with all but 60 days suspended, giving her credit for four days of time served.

He ordered her to begin paying $50 a month beginning April 1, 2017. West also imposed five years of unsupervised probation upon her release. “Once she pays restitution, I’ll close out her probation,” he told Getz.

Originally posted at The BayNet: http://www.thebaynet.com/articles/1116/womancashedcountycheckgets60days.html

Cori Meloney No Comments

Man given 12 years for second-degree murder

La Plata, MD – Shondell Javon Middleton, 20 of Clinton, NC, learned his fate Monday, Nov. 7 in Charles County Circuit Court.

Visiting Judge Larnzell Martin Jr., who convicted Middleton of second-degree murder in a bench trial Sept. 15, sentenced the defendant to 30 years in the Maryland Department of Corrections, suspending all but 12 years for the stabbing death of Jordan Anthony Lucas, 18 of Waldorf in May 2015.

Martin denied a motion for a new trial for Middleton before hearing from both the state and defense and a slew of testimonials for and against punishment.

“He was an 18-year-old kid caught up in 72 hours of terror,” Defense Counsel James Papermeister told the court. “In 50 seconds he bolted out of the house and his life changed forever. I ask the court to reverse its verdict in the interest of justice. The verdict should be voluntary manslaughter.”

“Once the court makes its finding that the defendant is the aggressor, the imperfect self-defense argument goes out the window,” argued Charles County Assistant States Attorney Jeremy Widder. “Legally it is not going to be applicable.”

“It was not by chance that the court identified the moment when he became the aggressor,” Martin said in denying the defense motion for a new trial. “The evidence hasn’t changed.”

Charles County Assistant States Attorney John Stackhouse told the court that when Middleton has served his time—no matter what the court imposes—his family will eventually see his return.

“One thing no parent should ever have to do is bury their child,” Stackhouse said. “Jordon is not coming back.

“Mr. Middleton touched this whole thing off when he and Kevin Caldwell were going to purchase marijuana from Jordon, who said he didn’t have a scale,” the prosecutor said. “He went into a tobacco store to buy a scale and they left him there. What happened over the next two days, he was the catalyst. To suggest that he didn’t bring on this conflict is completely contrary to his own testimony.”

The initial incident sparked a two-day back and forth between Middleton against Lucas and his friends, who went to the defendant’s home at Adams Crossing in Waldorf, and among other things vandalized his mother’s car.

This scenario culminated in Middleton’s chasing Lucas down the street in Adams Crossing May 5, 2015 where the defendant stabbed the victim to death in the street.

Tony Lucas, the victim’s father, said his son’s death has left, “a sadness I suspect will be there forever.

“Our hearts are left with a permanent void,” he told the court.

Papermeister was unfazed.

“This court should not expect anything else from the state,” he said. “What did they think would happen? What has been lost in all this is that he [the victim] was a drug dealer.”

Middleton’s step-father, William Dickey, begged for leniency.

“It deeply saddens me, the life of your son being taken by mine,” he told Lucas’ parents. “I’m begging you, judge, to show mercy to my child.”

Middleton asked forgiveness from the parents also.

“I never intended to hurt Jordan or anyone,” he stated. “It burns me to the core of my soul.”

“Listening and hearing what is said on the side of the victim and the defendant, the court can’t make this right for anyone,” the judge said before handing down his sentence.

Middleton will be given credit for the 157 days he spent in custody, the judge said after suspending all but 12 years of the 30-year sentence. He ordered the defendant be placed on two years of supervised probation upon his release.

Originally posted at The BayNet: http://www.thebaynet.com/articles/1116/man-given-12-years-for-second-degree-murder.html

Cori Meloney No Comments

Co-defendant in cocaine case sentenced

La Plata, MD – On Wednesday Oct. 26, Datonya Monique Riley, 29 of Prince Frederick, was found guilty by association with a former drug dealer. Evidence presented by the State’s Attorney’s office reveal tthat although she might not have been directly involved with the illegal actions of her former boyfriend, she was considered to be “guilty by association” which can still land a person in hot water.

On Thursday, Feb. 11, her former boyfriend was arrested by Charles County Sheriff’s and they recovered 133 rocks of crack cocaine in his possession.

Wednesday, Aug. 24, a jury trial was held in Charles County Circuit Court, and Riley was convicted of possession of cocaine stated, Assistant State’s Attorney John Stackhouse.

“Police went to a hotel room at 5 a.m. with a search warrant and found Riley and her former boyfriend along with the 133 rocks of cocaine,” Stackhouse said. “This is a case where there was a lot of cocaine. A suspended sentence is in no way appropriate. We are asking for active jail time and supervised probation.”

Charles County Assistant Public Defender Edie Cimino told the court the co-defendant in the case bullied Riley.

“He was physically and emotionally abusive to my client,” she said. “She didn’t know he was a drug dealer. He would have no contact with her for months at a time, then he would call her and demand she spend time with him. Her former boyfriend also called her names and brought drugs around her.

The defense attorney told the court in addition, Riley has struggled with Lyme disease, fibromyalgia and sclerosis. “She has a lot of physical challenges,” Cimino added.

“He was a monster to her,” she said. “She craved intimacy. Her family tried to protect her from him. Her involvement with him is the sole reason she is in court.”

Assistant Public Defender Cimino claimed that the co-defendant has attempted to contact her client on several occasions. “I listened to the messages,” she said. “They were horrible. They brought tears to my eyes.”

“I loved a man who was physically and emotionally abusive to me,” Riley told the court. “I am very sorry.”

“I hope this was a wake-up call for you,” Charles County Circuit Court Judge Amy J. Bragunier told her. “You were associating with people who were nothing but bad news for you.”

With that, Bragunier sentenced Riley to four years in jail, and suspended all but 30 days of the sentence, to be served in the Charles County Detention Center, ordered that she undergo a domestic violence program and added five years of supervised probation.

She said she would amend that to unsupervised probation after two years if Riley stayed out of trouble. “She needs to see what her decisions have brought her,” Bragunier said. “I will authorize her to be released for her medical appointments.”

Cimino asked if Riley could report to the jail at a later date.

“No,” said the Judge Bragunier. “She knew this day was coming.”

Originally posted at The BayNet: http://www.thebaynet.com/articles/1016/codefendantincocainecasesentenced.html

Cori Meloney No Comments

Charles County rapist sentenced to 35 years in Maryland prison

La Plata, MD – A Marbury man was sentenced to 35 years in the Maryland Department of Corrections Monday, Oct. 17 by Charles County Circuit Court Judge H. James West.

Edward Eugene Coates, 38, received a sentence of 35 years for first-degree rape and an additional two years to run concurrently for violating the terms of his probation.

He was originally charged on April 17, 2016.

Charles County Assistant State’s Attorney Sarah K. Freeman informed the court that the victim’s mother wanted to make a statement before Coates received his sentence.

“My daughter’s life has not been the same since this incident,” she said. “I have forgiven him. I hope he finds it in his heart to never do things like this again.”

“I believe acute mental illness is the true reason this happened,” Charles County Assistant Public Defender Edie Cimino said. “Mr. Coates, who today is under medication, is a very different person from the person who committed this crime.”

“These cases are very hard,” West said while intiating the process of handing down his sentence. He went on to state that “The victim’s mother was hitting on something 100 percent accurate, and these types of events are devastating to families.”

“I understand how hard this is for your daughter and family,” he added.

One count one, first-degree rape, West sentenced Coates to 35 years.

He told the defendant that he must register as a Tier three sex offender.

Originally posted at The BayNet: http://www.thebaynet.com/articles/1016/charlescountyrapistsentencedto35yearsinmarylandprison.html