On Friday, September 25, 2020, the State’s Attorney’s Office had the honor of supporting Lifestyle of Southern Maryland‘s event, “The Big Hair Ball” which aims to raise essential funds needed to meet the needs of women and children in crisis.
Man Who Violated COVID-19 Executive Orders Sentenced to One Year in Jail
State v. Shawn Marshall Myers, D-042-CR-20-000656
LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Friday, September 25, 2020, Shawn Marshall Myers, after a bench trial before District Court Judge W. Louis Hennessy, was convicted of two counts of Failure to Comply with an Emergency Order. Immediately after the trial, Judge Hennessy sentenced Myers, 42 of Hughesville, to 1 year of active incarceration to be served at the Charles County Detention Center. Upon release, Myers will be on unsupervised probation for a period of three years.
On March 22, 2020, multiple officers responded to Myers’ residence located in the 15200 block of Lukes Lane in Hughesville for the report of a large party violating Governor Larry Hogan’s State of Emergency and Large Gathering Orders. Large gatherings were strictly prohibited under the orders. Myers had approximately fifty people in attendance at his residence. Upon arrival, officers told Myers that his party violated the current mandate. Myers was argumentative with officers but eventually agreed to disband his party.
Less than a week later, on March 27, 2020, officers responded back to Myers’ residence for another report of a party exceeding fifty people. Officers told Myers to disband the party, but again he was argumentative claiming he and his guests had the right to congregate. Beyond being argumentative, Myers directed his guests to stay in defiance of Governor Hogan’s Orders and the officers’ lawful orders to disband the party. Officers tried to reason with Myers and obtain his cooperation to no avail.Myers was then apprehended.
Count 1 –Failure to Comply with an Emergency Order
- Guilty
- 6 months suspended/$1,000 fine suspended
Count 2 –Failure to Comply with an Emergency Order
- Guilty
- 1 year in jail and $5,000 fine
- 3 years unsupervised probation
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Former Middle School Employee Sentenced to 12 Years in Prison for Child Sexual Abuse
State v. Anthony Tyrone Williams, Jr., C-08-CR-19-000369
LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Friday, September 18, 2020, Charles County Circuit Court Judge H. James West sentenced Anthony Tyrone Williams, Jr., 25 of Waldorf, to 25 years with all but 12 years suspended in prison for Sexual Abuse of a Minor.
On January 9, 2020, Williams entered a guilty plea to the aforementioned charge.
On February 6, 2019, a detective with the Charles County Sheriff’s Office met with the then 14-year-old victim at the Center for Children in La Plata, MD. The victim reported that Williams had inappropriate contact with her through Instagram, Facetime, and text message. The victim also reported that Williams had sexually assaulted her. Williams was an instructional assistant at Mattawoman Middle School in Waldorf, MD, where the victim attended school.
An investigation revealed that in December of 2018, Williams obtained the victim’s Instagram account information and began contacting the victim through Instagram. Williams then began contacting the victim through Facetime and text message. During those communications, Williams asked the victim to send videos of herself unclothed and to Facetime him while she was in the shower. The victim refused.
On one occasion, the victim was walking home after school when Williams approached her in his vehicle and told the victim to get inside of the vehicle. Williams then drove the victim to his Waldorf residence and had sexual intercourse with her. After intercourse, Williams drove the victim back to her neighborhood, where she then walked home.
On February 5, 2019, the victim’s mother was made aware of the inappropriate communications between Williams and the victim by a friend of the victim. The victim’s mother then contacted school officials, who contacted law enforcement once the victim revealed there was inappropriate touching.
Upon release, Williams will be on supervised probation for five years.
###
Man Sentenced 35 Years for Attempted First-Degree Murder, Conspiracy to Commit Murder in Separate Case
State v. Michael Rashid Moore
LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Friday, September 11, 2020, Charles County Circuit Court Judge William R. Greer, Jr. sentenced Michael Rashid Moore, 23 of Waldorf, to 35 years in prison for the Attempted First-Degree Murder of Ronald Murphy, Jr., Use of a Firearm in the Commission of a Crime of Violence, and Conspiracy to Commit the First-Degree Murder of Walter Thomas.
On January 29, 2020, Moore entered a guilty plea to the aforementioned charges.
On March 3, 2019, officers responded to an apartment complex in the area of Amber Leaf Place in Waldorf for the report of a shooting. Upon arrival, officers found victim Murphy lying on the floor of an apartment bedroom, suffering with multiple gunshot wounds. Murphy was treated on scene then transported to the University of Maryland Prince George’s Hospital Center, where he was further treated. At the hospital, two bullets were discovered to have traveled to his neck and one bullet traveled to his lung; however, thankfully, he survived.
Two days later, on March 5, 2019, officers responded to the 3000 block of Gallery Place in Waldorf for the report of a missing person. Officers canvassed the area and discovered victim Walter Thomas lying face down by a bike path in the area of Freemantle Court. Thomas, who suffered a single gunshot wound, was unresponsive and pronounced deceased at the scene.
An investigation into the shootings revealed that months prior to Murphy’s shooting, Moore and an acquaintance of Murphy got into a physical altercation. On March 3, 2019, Moore saw Murphy outside of his apartment complex in the area of Amber Leaf Place and Wakefield Circle.During the evening hours, Moore waited by the dumpster and saw Murphy leaving in his vehicle. Moore approached the rear of Murphy’s vehicle and began shooting, because of the prior altercation. Before fleeing, Moore fired off five rounds at Murphy while he was driving his car. Murphy was shot three times in his back.
During the course of the investigation, Moore admitted to detectives that he shot Murphy. Moore also stated that he conspired with another individual to cover up the shooting by doing a random armed robbery that would result in another shooting if the victim gave resistance. Moore supplied the bullet for the shooting.
On the evening of March 4, 2019, Thomas was walking with a friend in the area of Fairchild Court in Waldorf. The men were approached by a suspect who commanded them to not run away. Thomas’ friend was able to flee unharmed; however, Thomas was shot. Thomas attempted to flee the area but collapsed a short distance away.
During sentencing, Assistant State’s Attorney Tiffany L. Campbell called Moore’s actions “senseless, tragic, and selfish” and asked for the maximum sentence of 40 years in prison, pursuant to Moore’s plea agreement.
C-08-CR-19-000377
Count 1
- Attempted First-Degree Murder of Ronald Murphy, Jr.
- 80 Years Suspend All But 35 Years
Count 2
- Use of a Firearm in the Commission of a Crime of Violence
- 5 years without parole, Concurrent with Count One
C-08-CR-19-000502
Count 1
- Conspiracy to Commit the First-Degree Murder of Walter Thomas
- 80 Years Suspend All But 35 Years, Concurrent with Other Counts
- 5 Years Supervised Probation Upon Release
###
Virtual Meeting with Youth Group
On Friday, July 17, 2020, State’s Attorney Tony Covington held a virtual meeting with a local youth group to speak about the work of the State’s Attorney’s Office, police brutality, and more.
Statement from State’s Attorney Tony Covington Regarding Civilian Review Board
On June 3, 2020, I issued a statement that, among other things, advocated for the creation of a Civilian Review Board (CRB) to review citizen claims of excessive force by police in Charles County. On June 12thand 26thCharles County Sheriff Troy Berry, issued releases that, among other things, advocated for the re-constitution of the Board of Public Safety (BPS) to provide “review andoversight of the entire criminal justice system in Charles County.” I have been repeatedly asked if the Sheriff is proposing the BPS as a substitute for a CRB. I do not know the answer to that question. I can say, however, that I would not support any use of the BPS as a substitute for a properly organized CRB.
I have many reasons why I would not support the BPS as an oversight body for excessive force complaints that I will not address in this release. To hear my reasons, please listen to our “Civilian Review Board” podcast which can be found on the State’s Attorney’s Office (SAO) website, www.CCSAO.us.
So everyone is clear on the type of CRB that I will support, below I have outlined the structure/make-up of what I believe would be an effective CRB. This list is not exhaustive nor is it touted as the only way an effective CRB can be organized. For more details about the makeup of a CRB, again please listen to our “Civilian Review Board” podcast.
Civilian Review Board (CRB)
- The CRB will review all use of force resulting in death or serious bodily injury, all instances of use of deadly force and any citizen complaint of excessive use of force.
- The CRB will be independent from and operate independently from all police agencies.
- The CRB will be comprised of 9 volunteer members who must be residents of the County. None of the CRB members will be elected officials, police officers of any jurisdiction, or a person with a vested interest in the County or a police agency.
- The CRB members will be selected by a combination of the County Board of Commissioners, Charles County legislative delegation, County police agencies, Ministers Coalition, and willing community groups like the Women of Action Charles County, NAACP, Lifestyles etc.
- In addition to the 9-member board, there will be a non-voting police advisor and a non-voting legal advisor attached to the CRB.
- Initially, CRB will have a full-time investigator and a full-time administrator.Staff may increase depending on the volume of cases.
- The CRB will have the same subpoena authority that all State’s Attorneys in Maryland have under Maryland’s Criminal Procedure Article, Section 15-108.
- After review, the CRB will issue a report of its findings to the public.
- If appropriate, the CRB will make public recommendations to the involved police agency and the State’s Attorney.
- The CRB report and recommendations shall be maintained and available to the public.
Click here for podcast.
Statement From State’s Attorney Tony Covington on the Killing of George Floyd
Update: Published in the Maryland Independent under Letters to the Editor.
In 1963, while standing in the shadow of the Lincoln Memorial, Dr. Martin Luther King, Jr. said, “We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality.” Since then those unspeakable horrors have relentlessly continued to be visited upon men of color. The latest heartbreaking outrage is the murder of George Floyd by four police officers in Minnesota.
I offer my heartfelt condolences to Mr. Floyd’s family, loved ones and friends. I know, however, that condolences are not enough. Neither is outrage. We have all been outraged and sent our sincere condolences to far too many victims already: Amadou Diallo, Sean Bell, Oscar Grant, Kelly Thomas, Eric Garner, Michael Brown, Tamir Rice, Walter Scott, Freddie Gray, Laquan McDonald, Philando Castile, Terence Crutcher, Antwon Rose II, O’Shae Terry. The list keeps growing —but it does not have to. To stop this list from getting longer, to stop the dreadful brutality, all of us, today, right now, must couple our sincere outrage and sympathies with purposed, solution-focused action. With action we can achieve the change we want and need. The action must come from leaders and citizens alike. It is everyone’s responsibility.
As a leader here in Charles County, I want to tell you about actions I am taking to hopefully be a part of the solution to this curable national problem. To begin, I am calling upon the recently formed Charles County Criminal Justice Coordinating Council (CJCC) to immediately schedule forums or meetings to allow community organizations and citizens to present their solution-focused, actionable proposals designed to eliminate police brutality. We must first devise an action plan before we can execute it.
I am also calling for a Charles County Civilian Review Board that will review allegations of abuse and brutality by police officers. Please understand this is not a criticism of our local police agencies. My long-time advocacy of such a body stems from the recognition that no matter how “good” a police agency is, for the community to believe accountability is possible, the system of review must be designed to be impartial and transparent. A civilian review body, like those operating in many jurisdictions throughout the land, provides that structure.
Also, I have reached out to the police agencies operating in Charles County to review protocols and procedures for the investigation and prosecutorial review of brutality allegations. Likewise, I am reviewing with my prosecutorial colleagues across the State legislative proposals that will improve accountability.
Sadly, for the umpteenth time, Americans have had to take to the streets to demand accountability and justice for another soul killed by the police. Now is the time for the unjustifiable killing of black men to stop. Our lives matter too.
To make the killings stop all of us must engage in persistent, consistent, and permanent action. In short, we must follow through. If we do, we can ensure that George Floyd’s death continuously has meaning. Let his death not be in vain. Instead, let his death mark the day when we, as one nation, under God, began the eradication of police brutality so one day soon we can —at least on this point — “be satisfied.”
Some Charles County detainees released
A news release from Charles County State’s Attorney Anthony Covington states that — in an effort to curb the spread of COVID-19 in detention centers — some inmates in Charles County will be released prior to the expiration of their sentence.
Proceeding Gov. Larry Hogan’s (R) executive order released on April 18, which stated that some inmates in the Division of Corrections may be released from confinement based on a number of factors, Covington (D) followed suit.
More serious crimes involving domestic abuse, sex offenses and crimes of a violent nature are excluded from the list of potential inmates to be released.
Although the order applies to inmates in the DOC, Hogan’s order does not apply to local detention centers, such as the Charles County Detention Center. Therefore, Covington took it upon himself to invoke the core of the order for the inmates in Charles County.
In the news release from Covington released on April 20, he specified the intent of his decision: to do everything possible to “help prevent the spread and impact of COVID-19.”
The contradiction of “public safety based on a pandemic and public safety based on crime,” the release states, is the main reason the decision making of which inmates to release is a delicate and intricate ordeal.
Covington told the Maryland Independent that there are two competing interests, both involving public safety: the health crisis and the criminal aspect.
“This is very difficult,” Covington said. “We have never really had to face health issues in the justice system. An individual inmate may have health issues and ask for leniency. You have the confluence of two strong competing interests.”
The release states that the Charles County community should feel confident of the selection of inmates that are set to be released.
“All of the decision-makers in the Charles County Criminal Justice System are making fully informed and well-considered decisions that they sincerely believe are in the best interest of everyone in our community,” Covington wrote.
He said that this is a unique situation because normally, inmates’ individual health issues do not affect other inmates in the prison population; but due to the nature of COVID-19, the entire prison population could be impacted.
“[Health issues] usually don’t damage anyone else in the jail,” Covington said. “With corona, if this guy stays in the jail, this guy may contract it and give it to someone else. [The decision making] is difficult for prosecutors and judges.”
Covington said that the final decision on which detainees get released is ultimately made by the judges and the courts. At the time of the press release, “at least one” inmate has been released from the detention center.
“It is done on a case-by-case basis,” Covington said. “We review everything … we look at the factors. It is ultimately the judge’s decision. … I am trying to protect the public safety. … If someone is charged with murder, I am not going to agree for them to come home.”
He said that there is one “complicated factor” in the decision making process. That factor is referred to as an “agreed upon sentence.”
“Everyone agrees … in that situation, that state, the state defendant and the judge agree,” Covington said. “The state has to agree to the change that is going to be made. Ordinarily it is the judge who makes the decision after hearing form both parties. That is the only time the state has any control.”
Covington added that although the population of the detention center is only 20% to 30% full, Charles County is doing the best it can to make sure everyone inside is protected.
“Charles County is not like the stuff we are hearing about on television; our jail is less than 30% capacity, probably about 20%,” Covington said. “The environment of everyone sitting on top of each other just doesn’t exist here.”
He followed by saying the final decision is “two-pronged,” boiled down to two main factors. Factor number one is if the inmate is a threat to the community or themselves, and factor two is if they are going to show up in court.
“Right now, we aren’t overly concerned about people showing up, but we are concerned about the danger to the community,” Covington said.
He followed by making reference to an inmate who was recently released and went on to commit another crime briefly after his release.
“We had a guy who was arrested for domestic violence, released, and two or three days later he killed his intimate partner,” Covington said. “He killed her, and then killed himself.”
He told the Maryland Independent that part of letting the inmate out of incarceration was based on the virus, and that, unfortunately, a negative impact can happen when you take that chance on someone.
“Every time a judge makes a decision, they are taking a chance,” Covington said. “The impact on the community can be very bad. We are serious in handling every single case.”
He went on to tell the Maryland Independent that courts are handling two or three cases a day, and that the inmates who commit non-violent crimes are more likely to be released.
Covington said that although the inmates may be released now, some may have to return to the detention center to finish their sentence at a later date. The ultimate determination of which inmates will be released permanently is based on the nature of their offenses and the length of their remaining sentence.
“Some people will get furloughed and have to come back, some will be released and have to go to drug treatment. We have even dismissed some cases,” Covington said. “It runs the gamut.”
He told the Maryland Independent that this is an “unprecedented circumstance” and that Charles County has never faced a situation like this before.
“I have never seen it,” Covington said. “The last time our nation has faced anything like this is 1919. I have never seen prosecutors look at every single case to determine if they should be released from jail; it just hasn’t happened before.”
He added that individual inmates ask for releases frequently, but it has never occurred as a mass wave of requests at a single time.
“People ask for early releases all the time for individual reasons,” Covington said. “Some for health reasons, but only individual health reasons. This is a brand new thing and it is tricky for sure.”
Covington told the Maryland Independent that the citizens of Charles County can be assured that the decisions are being handled very diligently and everyone involved is doing “what they should.”
“I think Charles County citizens can be rest assured everyone in the system is doing a very diligent job and sincerely looking at the situation and making the best decisions they can to protect the communities at large and protect the detention centers,” Covington said. “All you can do is sincerely look at things and have the right motives. They wont always agree.”
District Public Defender Michael Beach wrote in an email to the Maryland Independent stating that both public safety and the safety of the inmates “are important and not mutually exclusive.”
“Community safety is not inconsistent with having the vast majority of people who are pending trial and presumed innocent,” Beach wrote. “A Detention Center is one of the most dangerous places a person can be during a pandemic.”
He continued by saying over-incarceration and mass incarceration tears apart families and communities.
“Over-incarceration — which disproportionately impacts poor people and people of color — tears apart families, and tears apart communities, doing lasting damage,” Beach wrote. “An unprecedented moment like this is perhaps the worst time to err on the side of incarceration and punishment for punishment’s sake.”
He told the Maryland Independent that, in most cases, the inmates file a request to be released to their attorneys, although a few do handle the process on their own. He continued by stating there are a number of inmates who have been released since the pandemic’s inception.
“There are various categories of folks who have been released since the pandemic shut down the judicial system to emergency and bail hearings only,” Beach wrote.
Beach told the Maryland Independent that some examples of detainees who have been released include “new arrestees who have been released at recent bail hearings, and people serving short weekend sentences.”
Additionally, he noted that “incarcerated persons for whom our office filed motions seeking their release since the pandemic became a crisis that shut down most of [Charles] County” are being released in abundance. He wrote that 60 motions for release have been filed with approximately 30 detainees being released as of Tuesday, and currently, there have been two inmate deaths contributed directly to COVID-19 throughout Maryland.
Originally Posted on The Maryland Independent:
Statement From State’s Attorney Tony Covington Regarding Governor’s Executive Order of April 18, 2020
Governor Hogan issued Executive Order 20-04-18-01 on Saturday, April 18, 2020 which, in the light of COVID-19, details some circumstances and factors that Division of Correction (DOC) prisoners may be released early from confinement. While the Order applies to all inmates in the custody of the DOC, it does not apply to those inmates in the custody of local detention centers like the Charles County Detention Center. Nevertheless, I welcome this executive order and view the spirit contained within it as guidance for the Criminal Justice System (CJS) in Charles County.
As the State’s Attorney, I am intent that my office does everything it can to help prevent the spread and impact of COVID-19. While doing so, the public must also be protected from criminal behavior in our streets. This intersection of public safety based on a pandemic, on one hand, and public safety based on crime, on the other hand, makes decision-making more difficult than ever before. The Charles County community, however, should be confident that, based on my observations, all of the decision-makers in the Charles County CJS are making fully informed and well-considered decisions that they sincerely believe are in the best interest of everyone – including detained individuals – in our community.
From the beginning of this crisis, the State’s Attorney’s Office (SAO) has worked with the other branches of the CJS to reduce the jail’s population. Even though at the start of the crisis the detention center was occupied at less than 30%, the CJS still sought to reduce the population as low as possible while at the same time maintaining public safety. Many actions have been taken. For instance, at the Sheriff’s request, the Courts and the SAO cooperated to, almost immediately, put an end to work release and weekend sentences at the jail, thereby reducing the number of people coming in and out of the detention center daily.
The SAO has been reviewing the situation of every detainee in the detention center, whether or not a detainee or counsel has made a request for release, to determine whether their release would be appropriate and, if so, under what circumstances would they be released. As a result, many detainees have already been granted some type of release either by way of furlough, a reconsideration/modification of sentence, home detention, case dismissal, etc.
Also, well before the Governor’s latest order on this subject, the SAO has reviewed the situation of a number of inmates under the jurisdiction of DOC and housed someplace other than our local detention center. At the time of this press release, at least one of those individuals has been released.
Because of the proactive and robust efforts by the Charles County CJS to reduce our jail population, the number of cases that fall under the umbrella of the Governor’s new order may be small. That notwithstanding, the SAO, with the Governor’s order in mind, will re-look at the situation of every detainee/inmate in the local jail and make our recommendations to the Court if and when appropriate.
I ask everyone to follow the advice of public health experts and comply with all executive orders concerning COVID-19. It truly can be a matter of life or death.
Md. man accused of hosting bonfire despite stay-at-home order held without bond
CHARLES COUNTY, Md. — The Charles County man who was arrested and charged with violating a governor’s order limiting the size of gatherings is being held without bond after a Monday hearing.
A state’s attorney for Charles County, Anthony Covington, told the judge at the hearing that his request for no bond was because, “During this crisis, Myers is a menace to our society.”
According to to the sheriff’s office, Shawn Marshall Myers, 41, is accusing of hosted a gathering of approximately 60 people Friday night for a bonfire in the 15000 block of Lukes Lane in Hughesville, Maryland.
When he repeatedly refused orders to disperse the group, he was arrested and charged, said the sheriff’s office. This was believed to be the first arrest in the state for group size.
Following the arrest, Governor Hogan tweeted, “A Charles County man has been arrested after repeatedly violating the executive order banning large gatherings and hosting a bonfire party with 60 guests. I cannot begin to express my disgust towards such irresponsible, reckless behavior.”
Myers is also a registered sex offender.
Originally posted on WJLA.
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