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Williams found guilty of second-degree murder

The jury in the weeklong trial of a Waldorf man accused of shooting and killing his close friend in December 2017 declared him guilty of second-degree murder and related weapons charges following a full day of deliberation until 6 p.m. Tuesday.

Nicholas Jabbar Williams, 22, was charged with the death of his friend Cameron Marcel Townsend on Dec. 14, 2017. That night, Townsend was found by witnesses lying in the street suffering from multiple gunshot wounds in the area of Holly Avenue and Spruce Street in the Pinefield community in Waldorf. An eyewitness to the crime testified last week to hearing gunshots and seeing a dark vehicle leaving quickly shortly thereafter.

In her closing statement, Assistant State’s Attorney Donna Pettersen reminded the court that Townsend was just 18 when he was shot and killed. She walked the jury through all of the evidence presented over the course of the week, reminding them how “complete strangers” came to his aid after he was shot seven times and dragged out of the car before first responders ultimately declared him dead at 8:37 p.m. Although a motive for Townsend’s death was never confirmed, Pettersen posited the two men may have been arguing, perhaps over money Townsend had made from drug deals he allegedly made that day.

 The day after Townsend’s death, Pettersen told the jury, the call Williams placed to his family was devoid of any apologies to them for their loss. Townsend’s mother, she reminded them, testified that when Williams contacted them all he said was that he heard Cameron had died, “as if he had been sick for years,” Pettersen said.

In deciding their verdict, Pettersen asked the jury to “look closely” at the elements of first-degree murder when considering how to find him: Williams’ actions that night, Pettersen said, meet the standard of “willful, deliberate and premeditated.”

“When you shoot someone that many times, you intend to kill,” Pettersen said. “With each pull of the trigger,” she said, Williams “could have walked away, but he didn’t. Hold him accountable by finding him guilty.”

Straight away, public defender Michael Beach said “Nick didn’t do it. That makes no sense.” There was “zero evidence” that Townsend’s body was dragged from the car, Beach said, saying that was something the state “made up, whole cloth.” Townsend was “shot outside the car, and not by Nicholas Williams.” The state presented new and untested theories out of nowhere, he told the court.

Murder is a “senseless” crime every time, Beach said, “but the investigations are supposed to make sense.” By now, Beach told the jury, they probably have several unanswered questions, “each one a reasonable doubt,” adding that “maybe, probably, almost certainly … all of those mean acquit.”

Williams is not responsible for Townsend’s death, Beach said: Rather, his real killer remains unidentified and on the loose. When Williams fled the scene that night, Beach said, he had “acted out of fear of being the next victim.” His client also had “the fear of being falsely accused” of his friend’s death, Beach said, and in this instance that particular fear has come true.

“In their world, do you think he could just go back and say ‘I was there, but I didn’t help’? That’s not how their world works,” Beach said. It was fear of the consequences of even being there that left Williams “stressed out, anxious, hunkered down at home and scared to death” before his arrest. A witness in the case, Beach reminded the jury, initially told police he thought “maybe Nick saw something he didn’t want to see.”

The state’s case, Beach said, asks the jury to assume a lot and is built on “hare-brained theories” developed by the Charles County Sheriff’s Office detectives who investigated the case. Physical evidence went unchecked and leads were not pursued, Beach said, and the jury should not ignore holes in their argument.

“Do not give your blessing to this inadequate investigation,” Beach concluded.

Assistant State’s Attorney John Stackhouse rebutted Beach’s arguments emphatically. The state does not deal in theories but in facts and evidence, he told the jury, and the evidence in this case has been consistent with Williams being Townsend’s murderer all along. What the state says, Stackhouse told the court at several junctures throughout his rebuttal, isn’t what matters: What is important, and what they need to focus on, is the evidence.

Stackhouse urged the jury members to employ their common sense in deciding a verdict. Williams had lied about dropping Townsend off at a liquor store that night, Stackhouse said, both to mutual friends of theirs and Townsend’s family. His conversations that day were odd, to say the least, Stackhouse said.

“You’re telling me someone sees his friend get murdered and doesn’t tell his other friend?” Stackhouse asked. Of his call to Townsend’s mother, Stackhouse said, “Who talks like that? He stayed under her roof for a week.”

There is “absolutely no evidence” anyone other than Williams and Townsend were there the night Townsend was killed, Stackhouse said. Furthermore, he posed, why would a “mystery gunman” have not shot Williams along with Townsend?

All the evidence, Stackhouse said, “points to one thing: Williams shot him to death.”

“He can’t get away from the murder happening in his car,” Stackhouse said. “So what are they left with? ‘Oh, some other dude did it.’ … He didn’t just not tell them what happened, he lied about it.”

Williams faces a maximum of 30 years in prison on the second-degree murder conviction. He will be sentenced in September.

 

 

Originally Posted on The Maryland Independent:

https://www.somdnews.com/independent/news/local/williams-found-guilty-of-second-degree-murder/article_735d2723-21cb-5389-953d-ffdc7b97570d.html

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Man Sentenced 16 Years For Sexually Abusing Juvenile Victim

State v. Jeremy James Chenette, C-08-CR-17-000317

 LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Monday, June 17, 2019, Charles County Circuit Court Judge Amy J. Bragunier sentenced Jeremy James Chenette, 33 of Indian Head, to 16 years in prison, and an additional 84 years of suspended time, for 4 counts of Sexual Abuse of a Minor.

On May 15, 2018, Chenette entered a guilty plea to the above listed charges in Charles County Circuit Court in front of the Honorable Judge Amy J. Bragunier.

On September 9, 2017, the juvenile victim and an adult relative went to the Charles County Sheriff’s Office in Waldorf to report Chenette for sexual abuse. The victim told officers that Chenette sexually assaulted him multiple times over the course of a few months.

An investigation revealed that Chenette repeatedly performed oral sex on the victim, as well as engaged in other sexual acts with him. The victim eventually reported the abuse to his mother; however, authorities were not contacted immediately. After the victim’s mother and other relatives confronted Chenette, the abuse ended. The victim was 14 years old at the time of the assaults; Chenette was 31.

During the course of the investigation, officers were able to locate a video depicting the victim receiving oral sex from Chenette on Chenette’s cell phone. Chenette also admitted to sexually assaulting the victim.

At sentencing, Assistant State’s Attorney Constance B. Kopelman, asking for a 30-year sentence, told the judge, “When you look at the devastating effect it had on the victim, this cannot be excused. [The defendant did] multiple acts that the victim cannot forget. There was a grooming pattern. He took advantage of the victim. He knew it was wrong. – It’s shocking, it’s horrible, and he should receive a serious penalty.”

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Jury Finds Man Criminally Responsible for Vicious First-Degree Murder of Father-in-Law

State v. Deangelo Hemsley, K16-497

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Friday, June 14, 2019, after a two-part, bifurcated trial, a Charles County jury found Deangelo Hemsley, 42 of Waldorf, criminally responsible for the First-Degree Murder of John Yates, Home Invasion, First-Degree Assault, Second-Degree Assault, Kidnapping, and False Imprisonment.

Hemsley was previously convicted of the aforementioned charges on June 12, 2019 by members of the jury. After establishing his guilt, jurors then found that Hemsley was criminally responsible for committing the acts in a separate proceeding, despite his plea of not criminally responsible.

On April 23, 2016, officers responded to the 12800 block of Yates Place in La Plata for the report of a person with a weapon. When officers arrived, they located victim John Yates suffering from several stab wounds to his upper body. He was pronounced deceased at the scene. Officers also found Hemsley, Yates’ son-in-law, attempting to escape the area; however, he was apprehended that night.

An investigation revealed that during the evening hours of April 23rd, Hemsley made entry into Yates’ residence yielding a knife and bar. Yates’ family was present at the time and did not expect Hemsley’s arrival. After entrance, Hemsley demanded to know where his daughter, who was inside of the residence, was located. Hemsley then asked for the location of Yates, who was in a lower level. Within seconds of receiving Yates’ location from a family member, Hemsley went to Yates and immediately began attacking him with the knife, stabbing him multiple times and causing deep lacerations in the face and neck area. Hemsley’s then 12 year-old-daughter and a 15-year-old juvenile were present during parts of the attack.

After stabbing Yates, Hemsley grabbed his daughter’s hand and put her in his vehicle. Thankfully, she was able to escape through a window and run to safety back inside of the residence, barricading herself in a room with a dresser.

A DNA analysis conducted on the knife used in the assault revealed that it contained both Hemsley’s and Yates’ DNA. Hemsley also had Yates’ blood still on his clothing while being apprehended.

A sentencing date has been set for September 5, 2019.

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Hemsley found criminally responsible for 2016 murder

The day before he murdered his father-in-law, DeAngelo Hemsley bought himself a new truck. In the end, that purchase may have sealed his fate in court.

Hemsley, now 42, appeared in court last week for a bifurcated trial in the April 2016 first-degree murder of John Edward Yates and attempted kidnapping of his daughter. The first half of his trial began Monday afternoon before Charles County Circuit Court Judge Amy J. Bragunier, with its closing arguments heard Wednesday. In the first half, the jury was tasked with determining his traditional guilt or innocence beyond a reasonable doubt: He was found guilty that afternoon.

The second half of the trial, which began Wednesday afternoon, was to determine whether or not he was criminally responsible for the stabbing death. Hemsley’s defense attorney, Greenbelt-based David M. Simpson, contended that his client, a schizophrenic, had been in the middle of an acute episode of his mental illness. In the second half of the trial, the defense bore the burden of proof.

 The standard in determining criminal responsibility is a decision as to whether or not the defendant, at the time of the offense, was able to fully appreciate the criminality of their actions and conform to the letter of the law. Hemsley was found criminally responsible for the murder: Had he been found not criminally responsible, he would have been remanded to the Maryland Department of Health for an indefinite period of time.

When the second half of the trial began Wednesday afternoon, Simpson told the jury it was “the real issue why we impaneled you, folks.” Although a plea of not criminally responsible may seem like a way of trying to avoid liability for one’s actions, he said, that is very much not the case. Hemsley’s mental illness is “not something he developed that night,” Simpson said, his illness “manifested in the worst possible way.”

When one enters a not criminally responsible plea, Simpson said, that person is automatically directed to the Clifton T. Perkins Hospital Center in Jessup for a psychiatric evaluation. Neither the defense nor the state pays the doctors, he explained, so the evaluation is “impartial.” Hemsley had been sent to the hospital after being found incompetent to stand trial previously, and Simpson noted it was “a considerable amount of time” before he was deemed competent. Those doctors, Simpson said, also were of the professional opinion Hemsley was not criminally responsible for Yates’ death.

At the height of his client’s illness, Simpson said, he thought he was “equal with God,” and the court would hear that he was wracked with hallucinations of people trying to poison him with ricin and people following him. While there was no question of Hemsley’s mental illness, Assistant State’s Attorney Sarah Freeman said, “a history of mental illness, by law, is not enough to find someone not criminally responsible.”

Schizophrenia, Freeman said, has dormant and active phases, and it is only when the illness is in an active phase that one loses rationality. In Hemsley’s case, she told the jury, one shouldn’t look just at his mental illness but at his behavior leading up to, during and after the incident.

When Hemsley bought the truck the day before murdering Yates, Freeman said, that was evidence that he was not in an active phase of the illness, explaining that one experiencing an episode of that nature would be incapable of executing something so goal-oriented. After his arrest, Freeman told the jury, he was “not talking gibberish or nonsensical,” and was non-compliant but largely quiet and calm. Ultimately, Freeman said, Hemsley is criminally responsible for the “savage” murder.

In the second half of the trial, the jury heard from family members present that night, officers involved in Hemsley’s case and two expert witnesses proffered by the defense and the state both, psychiatrists who had evaluated Hemsley.

Det. John Elliott of the Charles County Sheriff’s Office told the court that when Hemsley was told he was being charged with first-degree murder, his response was “We’ll see about that.” He seemed to appreciate the nature of the charges, Elliott said, and declined to speak further.

One of the witnesses that night, Yates’ wife, told the court she couldn’t recall seeing Hemsley behave the way he did that night prior to it, but she was aware his wife and daughter had left their shared home in fear of violence from him.

Another relative of Hemsley’s recalled “a few occasions” on which he confided that he feared he was being followed. The night of the murder, his relative said, Hemsley came to his home unannounced before he ultimately went to the Yates home. He was “fine and cordial,” the man said, “until he just started busting out laughing” at nothing immediately apparent.

Hemsley’s wife testified that he had been hospitalized for his mental illness before, and while medication seemed to keep his symptoms under control he ultimately stopped using them around late 2014 or early 2015.

The night of Yates’ murder, Simpson said in closing, Hemsley was “substantially impaired” by his mental illness, and so he could not have known the impact of what he had done. If not for the voices in his head, Simpson posed, “why would an absolute dream of a husband and a good father” do something like this? Further, Simpson said, the state’s expert witness, Dr. Michael Spodak, made “deceptive” comments on the stand, and reiterated that at one point his client was deemed incompetent to stand trial.

In her rebuttal, Freeman was equally critical of the expert witness posed by the defense, Clifton T. Perkins’ Dr. Annette Hanson. Hanson, Freeman said, was supposed to prove an impartial observer, but had not done so and had “crossed the line,” as she was “focused on advocacy for a patient with schizophrenia” rather than remaining neutral.

“She was so defensive,” Freeman said of Hanson’s testimony. “Do you think she’s going to change her opinions after writing a 20-page report?”

Freeman reiterated the necessity of focusing on what she characterized as the deliberate nature of Hemsley’s actions.

“Behavior is the truth. What they do says a lot about what’s going on in their mind,” Freeman said. “He had goals, he had foresight.”

Hemsley is set for sentencing Sept. 5.

 

 

Originally Posted on The Maryland Independent: 

https://www.somdnews.com/independent/news/local/hemsley-found-criminally-responsible-for-murder/article_3ee96785-cc11-5acc-81d9-45abe06ed795.html

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Trial begins in 2016 stabbing death and attempted kidnapping

It isn’t often that the defense attorney in a case outright tells you his client did in fact murder the person they’re accused of killing in their opening arguments, but that’s what happened Monday.

The trial of 42-year-old Deangelo Hemsley, accused of killing his father-in-law and attempting to kidnap his daughter at knifepoint, began Monday afternoon in Charles County Circuit Court after about three years of delays.

The Maryland Independent first reported on Hemsley’s arrest in April 2016, when he was allegedly caught trying to flee the scene of the crime with his father-in-law’s blood still on his hands. Hemsley had been separated from his wife for six months on April 23, 2016, when he allegedly entered the home of her father, 71-year-old John Edward Yates. Hemsley confronted the man in the basement, where his 12-year-old daughter allegedly witnessed her father stabbing her grandfather to death.

 Hemsley is also accused of trying to kidnap his daughter at knifepoint, the Independent reported previously, but the girl was able to escape. Hemsley was apprehended by police around 8:17 p.m. that night. They found Yates dead of stab wounds to his upper body in his home and allegedly located a bloody knife in Hemsley’s car.

In August 2016, the Maryland Independent reported, Hemsley was found incompetent to stand trial due to a mental disorder. At a status hearing at the time, Hemsley “immediately became belligerent as proceedings began” and was escorted out of the courtroom shortly thereafter.

During Monday’s proceedings, Hemsley was calm throughout. In giving the state’s opening argument, Deputy State’s Attorney Karen Piper Mitchell opened by musing on the criteria used to evaluate what rating a film gets and how children factor in to those decisions. What the children at the home saw that night, Piper Mitchell said, far exceeded a horror movie.

“The horrific scene you’re going to see, these children weren’t protected from it,” Piper Mitchell said. As she walked the court through the events of that night, Piper Mitchell said Yates was seated in his favorite spot downstairs, watching a baseball game on television. All was as it should be, she told the court, until it wasn’t.

“Hemsley killed Mr. Yates. I represent him on that fact. There’s no dispute in this case,” began defense attorney David M. Simpson. When considering the events of that night, Simpson told the jury, “it gets complicated as we go along.” Simpson said his client allegedly killed Yates amidst a “strange set of circumstances,” a pattern of increasingly bizarre behavior that dated back to 2015 and was also the reason for Hemsley’s wife and daughter leaving home. Even his behavior prior to Yates’ death the night of the crime, Simpson said, was off.

Simpson cautioned the jury that “even trained professionals” were uncomfortable with the level of violence surrounding Yates’ death, as they would see, but urged that they pay close attention. Their attention to detail, Simpson said, would in turn demonstrate Hemsley was not in his right mind when he was accused of killing Yates.

Before court adjourned for the day Monday afternoon, the jury heard testimony from both Hemsley’s daughter and another juvenile male relative who was present at the home that evening and witnessed what happened, along with several of the responding officers from the Charles County Sheriff’s Office.

Hemsley’s daughter remained calm throughout her testimony, her voice only trailing off slightly before she began to recollect the particularly gruesome portions of the night. She testified to remembering her father entering the home through the screen door unexpectedly, without first announcing himself. He was demanding to know where she was, the girl said, and she couldn’t recall whether she had responded to him or not. In his testimony, her relative recalled that she did respond.

According to online court records, Hemsley is charged with first-degree murder, first- and second-degree assault, home invasion, kidnapping, second-degree child abuse, false imprisonment and possession of a dangerous weapon. At press time, Hemsley’s trial was ongoing and expected to continue throughout the week.

 

 

Originally Posted on The Maryland Independent:

https://www.somdnews.com/independent/news/local/trial-begins-in-stabbing-death-and-attempted-kidnapping/article_7541d760-e412-51d7-92e8-854ea54e3672.html

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2017 robbery earns man eight years, 10 months backup time

An Accokeek man already on probation for a series of 2015 church and school burglaries was sentenced to eight years on Tuesday morning in Charles County Circuit Court for the Feb. 7, 2017, armed robbery at a Waldorf branch of Old Line Bank.

Mortimer Mumpford Wade, 24, appeared before Circuit Court Judge H. James “Jay” West on Tuesday morning for sentencing in connection to the 2017 crime, for which he pleaded guilty to armed robbery in April 2018. Armed robbery carries a maximum sentence of 20 years; in this case, the defense and prosecution agreed Wade would receive no more than 15 years of active time. Wade was also facing a maximum of 10 years backup time in connection to one of the 2015 crimes, and 18 months with the other. Wade respectively received six and four months of backup time to be served consecutively, along with five years of supervised probation and credit for the time he’s served since Feb. 9, 2017.

Wade’s sentencing Tuesday came about after having been previously postponed several times, beginning in July 2018, which defense attorney Joseph McKenzie noted in court.

The most recent postponement came in January, according to online court records.

It was even delayed several times Tuesday morning: Originally on the docket for 9 a.m., Wade’s case was not heard until around 2 p.m. because of other cases scheduled in the courtroom that day, including jury selection for a trial.

When all parties were assembled before West and the proceedings were underway, Assistant State’s Attorney Tiffany Campbell opted to keep her remarks brief, saying the court had heard the state’s position at length in previous proceedings.

“It’s clear the defendant has a substance abuse problem,” Campbell said, “but it’s also clear that he poses a danger to society.”

McKenzie, who noted Wade’s display of “abnormal behavior” since he was 14 years old, said his 2015 guilty plea to theft and subsequent unsupervised probation “was one of the worst things that could have happened to my client.” That period of time, he said, saw the worsening of substance abuse and mental disorders that was not disclosed in those proceedings. McKenzie said he was not Wade’s lawyer in that first case, and the first attorney “failed to communicate” with his family entirely. Thus, he said, Wade “fell through the cracks.”

“I’m begging you to rewind and assess the sentence given in 2015,” McKenzie said, noting that the court has more awareness now of Wade’s issues than they did previously.

He recalled a previous court proceeding in which, he said, Wade became agitated to the point of being almost impossible to calm down. His nurse, McKenzie reminded the court, calmed the man down by offering him a coloring book and crayons, which served to soothe him.

McKenzie also pointed to Wade’s conduct the day of the crime itself, which he painted as bizarre. Wade, McKenzie said, “was so calm” when speaking to the bank teller and presenting the note that said he had a gun that he was later found not to have.

“He took possession of the money and walked out as if he was supposed to have it,” McKenzie said.

In administering his sentence, West said that when the time comes, the court will work with Wade and McKenzie to help him explore how to enter into drug treatment programs.

“In most cases, this is a 15-year sentence, easily. But he’s not most people,” West said.

 

 

Originally Posted on The Maryland Independent:

https://www.somdnews.com/independent/news/local/robbery-earns-man-eight-years-months-backup-time/article_4631f06e-9065-5654-bfa8-0e32d52bf589.html

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Star 98.3 Interview

On Tuesday, June 4, 2019, State’s Attorney Tony Covington stopped by the T-Bone and Heather Show on Star 98.3 to talk about his latest podcast on child abuse.

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South Hampton HOA treasurer pleads guilty to embezzlement charge

[Update: Pursuant to a plea agreement, Uniqueka Davis-McKinney’s case was placed on a stet docket on April 24, 2019, and was nolle prossed on December 19, 2019.]

 

Just days before his trial was set to begin, South Hampton Homeowners’ Association treasurer Benedicto Afroilan pleaded guilty to a single misdemeanor charge of fraudulent misappropriation, likely bringing an end to court proceedings against Afroilan and his four co-defendants in the case.

Last month Afroilan’s co-defendant Ulysee Davis, president of the HOA, entered a similar plea.

Last October, Afroilan and Davis, their spouses and Davis’ daughter were charged with allegedly stealing over $100,000 from the South Hampton HOA over the course of at least five years

 Grand jury indictments handed down in January added embezzlement charges against Afroilan and Davis in addition to felony theft and misdemeanor conspiracy charges against all five defendants.

Charles County Circuit Court Associate Judge Donine Carrington Martin agreed to defer Afroilan’s sentencing until Nov. 1 pending the creation of a mutually satisfactory restitution plan with the HOA.

According to the plea agreement, the state will also not proceed to trial against Afroilan’s wife Elsa, which was scheduled for next month, provided that Afroilan makes “substantial progress toward his restitution obligation.”

Davis entered into a similar agreement in April to defer the trials scheduled for his wife Linda and daughter Uniqueka Davis-McKinney.

The Charles County Sheriff’s Office filed charges against the five following a 14-month investigation by CCSO’s financial crimes division that involved tracing payments to and from multiple accounts in least three banks and the seizure of documents from the Davis and Afroilan residences.

The sheriff’s office alleged that Ulysee Davis would issue a monthly payment to Unique Management Company and then transfer the money to personal bank accounts in his, his wife’s and his daughter’s names.

Davis allegedly hired a company owned by Elsa Afroilan, CleanGreen Services, as a subcontractor to provide trash pickup services in the South Hampton neighborhood. The charges alleged that Davis used CleanGreen as a cover for transferring deposits to the Afroilans’ personal accounts.

If convicted, Davis and his wife would have faced up to 25 years in prison and a $25,000 fine. The others could have been sentenced to a maximum of 10 years and a $10,000 fine.

The sheriff’s office and the Charles County Office of the State’s Attorney declined to comment for this story.

 

 

Originally Posted on Maryland Independent:

https://www.somdnews.com/independent/news/local/south-hampton-hoa-treasurer-pleads-guilty-to-embezzlement-charge/article_6e5f3965-77c5-5bd5-abb3-ca83e3cb6649.html

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NARFE La Plata/Waldorf Chapter Meeting

On Thursday, May 16, 2019, State’s Attorney Tony Covington spoke at the National Active and Retired Federal Employees (NARFE) La Plata/Waldorf Chapter’s meeting held at the Waldorf West Library to talk about the work of the State’s Attorney’s Office.

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Child abuser sentenced to 15 years

For throwing his 5-month-old daughter down so hard her skull was fractured, a Waldorf man will serve 15 years.

Delontre James Austin, 23, pleaded guilty to second-degree child abuse and neglect of a minor in January. Appearing before Charles County Circuit Court Judge Amy J. Bragunier on Thursday, the court heard the details of the injuries Austin inflicted upon his infant daughter in his irritation at having been woken up by the sound of her crying.

Charles County Sheriff’s Office Det. Edward Webster, the lead investigator in this case, told the court that after the March 28, 2018, incident, he initially received two conflicting stories from Austin about what happened. Eventually, Austin said he had thrown the infant down into her Pack ‘n Play, Webster said. The infant landed on her back, Austin said at the time, and her arms went up. Hours went by until Austin left for work and the baby’s mother, Laquisha Hawkins, called 911.

Austin’s attorney, public defender Michael Beach, said texts exchanged between the mother and father thereafter painted a different story, one that appeared to have Austin covering for Hawkins’ role in their child’s injury. While questioning Laquisha Hawkins, Beach asked about the delay in the baby’s treatment.

“I saw [the swelling on the side of her head], but I didn’t know my daughter was that hurt,” Hawkins said.

The baby was taken for treatment at Children’s National Medical Center in Washington, D.C., where the full extent of her injuries was revealed. Assistant State’s Attorney Sarah Freeman told the court doctors determined the baby’s brain tissue had been damaged, indicative of the sheer force with which she was thrown down.

“To this day,” Freeman said, it’s unclear whether Austin actually threw the baby into the Pack ‘n Play or not, as Hawkins had said the crib was full of clothing at the time. Hawkins said on the stand she’d removed the clothes before first responders arrived because she was scared the Department of Social Services would take her children, as the baby had been sleeping in bed with her prior to the incident.

The baby’s grandmother, Tiffany Hawkins, told the court her granddaughter “was a very happy little baby before this happened, and now she’ll have a lifetime of doctors and other things that wouldn’t have been there otherwise.” The baby cannot hold her head up, and may never be able to walk or see.

She acknowledged her daughter’s lies to authorities, but said she lied out of fear and the desire to protect her children and keep them with her.

“I would like to have justice served,” Tiffany Hawkins said. “I want to know what happened that day, and I haven’t had any answers. I just want answers.”

Because of the severity of the child’s injuries, Freeman asked Bragunier to sentence Austin above guidelines, saying there was “no excuse for the amount of force, the injury done to a 5-month-old child.”

Beach said that while there’s no question about the severity of the baby’s condition, because of the opacity surrounding exactly what had led up to the baby’s injuries and hospitalization, no one will “ever really know what happened” that morning and whether Austin is solely culpable. Beach asked for a sentence toward the bottom of the sentencing guidelines, pointing to Austin’s lack of a criminal history prior to this, calling the incident “a tragedy on a lot of levels.”

After Austin spoke, telling the court he is “not a criminal,” Bragunier asked him to explain once and for all what happened that morning, saying she wanted “a detailed account of what happened.” A brief back-and-forth between Beach and the judge ensued, with Beach telling his client he was under no obligation to respond to the judge’s inquiry, telling the court Austin was taking full responsibility.

Bragunier’s question ultimately went unanswered.

Before handing down her sentence, Bragunier called Austin’s actions “abhorrent.”

“You know what happened to your daughter. If you aren’t willing to say, I can’t make you,” Bragunier said. “I know it’s not easy to live with this. … You’re only a public safety threat to a 5-month-old baby who annoyed you with crying.”

Austin received 15 years for the second-degree child abuse count, and five years for neglect: The latter five years are suspended, and run consecutive to the first count. Austin will be on five years of supervised probation upon his release, during which time he will not be permitted unsupervised contact with children younger than 10.

 

 

Originally Posted on The Maryland Independent: 

https://www.somdnews.com/independent/spotlight/child-abuser-sentenced-to-years/article_245cd22e-ac15-592c-bbf9-3296ca2affea.html