News

State v. Brandy Lynn Deluca, C-08-CR-18-000362

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Wednesday, January 30, 2019, Charles County Circuit Court Judge H. James West sentenced Brandy Lynn Deluca, 44 of Waldorf, to 7 years in prison for Conspiracy to Commit Home Invasion.

On October 22, 2018, Deluca entered a guilty plea to the above-mentioned charge in Charles County Circuit Court.

On March 19, 2018, officers responded to the 2800 block of Homette Place in Waldorf for the report of a home invasion. Upon arrival, officers spoke with victim Melissa Lewis, who had visible injuries. Lewis stated that two male suspects forced entry into her home, assaulted her, and demanded money.

A further investigation revealed that Lewis received a large sum of money prior to the home invasion. On the day of the incident, the victim was asleep on a couch in her home when the two male suspects entered with their faces partially covered. The suspects physically assaulted the victim and asked her where the money was located; however, the victim refused to reveal where it was. The victim’s three young children were also present inside of the residence during the incident.

After a few minutes of ransacking the home, the suspects dragged the victim outside to search her vehicle. While outside, the suspects assaulted the victim – to include dousing her with gasoline — until she was unconscious. The suspects then fled in a getaway vehicle operated by Deluca.

Shortly after leaving, Deluca hit a mailbox and was stopped by an officer for a traffic violation. It was discovered during the stop that the occupants of the vehicle were involved in the home invasion. All three suspects, including Deluca, were subsequently apprehended.

Covington, commenting on the sentence, said, “Seven years is a long time for giving some folks a ride. Let this be a lesson to those that are willing to get involved in dangerous activity. You will be held accountable for every crime your cohorts commit. Unfortunately for Ms. Deluca, she is finding this out the hard way.”

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State v. Allen Jerome Prue, C-08-CR-18-000368

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Monday, December 17, 2018, Charles County Circuit Court Judge Donine M. Carrington sentenced Allen Jerome Prue, 31, to 18 months in jail for Second-Degree Assault and 5 years of supervised probation upon release from jail.

On Wednesday, October 3, 2018, Prue was tried before a Charles County jury for First-Degree Assault, Burglary and other related charges. The jury found him guilty of Second-Degree Assault and Reckless Endangerment.

At trial, part of the evidence the jury heard was: On April 14, 2018, officers responded to the 6100 block of Sea Lion Place in Waldorf for the report of a possible domestic assault. When officers arrived, they repeatedly knocked on the front door but received no answer. Officers then knocked on the back door of the residence. After knocking on the door numerous times, the victim eventually opened the door slightly. The victim initially told officers that she and her children, who were inside of the residence, were okay and that Prue was not inside the residence. However, she was displaying nonverbal signs that she was under duress. Prue’s vehicle was also outside of the residence. Family members of the victim arrived while the officers were present, and the victim was able to exit the residence with relatives. She then spoke to officers in the parking lot of the neighborhood.

At that time, the victim told the investigating officer that she and Prue were previously involved in a romantic relationship but had ended it long before the day of the assault. During the morning hours of April 14th, Prue broke into the victim’s residence and proceeded to the victim’s bedroom. According to witness testimony, Prue got on top of the victim in her bed and began strangling her, as well as threatening her. Prue then told the victim that she needed to tell him that she loved him, and they would be together. The victim, in fear for her life, said what Prue told her to say. Prue got off the victim and left the room.

When Prue exited the room, the victim was able to retrieve a cell phone and text her family to alert them she needed help. One of her family members called the police after receiving the text. When officers began knocking on the front door, Prue told the victim not to answer it. When they started knocking on the back door, he told the victim to make them go away. Prue was hiding behind the door and victim, out of the officers’ sight, when the victim initially interacted with officers. Prue was apprehended by officers at the residence that same day.

At sentencing, a pre-sentence investigation conducted, pursuant to the Court’s order, was revealed. The investigation into Prue’s background showed that he had a major criminal record and that he had previously violated his parole/probation in other unrelated cases.

The defendant’s Maryland Sentencing Guidelines were 18 months to 5 years. The guidelines are a non-binding guide for Judges. They provide the Court with guidance as to how similarly situated defendants may be sentenced throughout the State. The guidelines are not mandatory: The Court, at its own discretion, may sentence higher or lower than the recommended range.

There was no sentencing agreement between the State, Defendant or the Court. Prue was subject to a maximum sentence of 10 years for the Second-Degree Assault charge and the State and defense were free to argue for any sentence not exceeding 10 years.

During sentencing, the Assistant State’s Attorney prosecuting Prue asked that the Court impose a sentence higher than the guideline’s top range of 5 years. In so doing, she explained to the Court that the defendant planned and fully pre-meditated his crime. The victim was in terror for over an hour trying to do and say whatever necessary to make sure her and her children lived through the night. But for her family alerting the police, there is no telling if we were going to have yet another episode of a jilted man killing his former partner. These situations cannot be taken lightly. A sentence within the guidelines simply would not punish the defendant for his actions and certainly would not send a message that abusing women will not be tolerated. Based on the heinous and vicious nature of the crime, the State reiterated that only a sentence above the guidelines would be fair and just.

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State v. Kelly Yvonn Young, K16-782

LA PLATA, MD— Tony Covington, State’s Attorney for Charles County, announced that on Thursday, December 13, 2018, Charles County Circuit Court Judge H. James West sentenced Kelly Yvonn Young, 61, to 5 years in prison for the vehicular killing of Robert Maguire. Following her time in prison, Young will have 5 years of supervised probation.

On July 30, 2018, Young entered a guilty plea to Vehicular Manslaughter in Charles County Circuit Court.

On October 8, 2015, troopers from the Maryland State Police responded to Maryland Route 234 in the area of Edgewater Drive for the report of a collision involving a passenger vehicle, pickup truck, and motorcycle. At the scene, troopers observed a Chevrolet Camaro and a Harley Davidson motorcycle with severe damage. They also observed a Ford F-250 with serious damage. The driver of the Chevrolet Camaro – Young – was suffering with non-life-threatening injuries, but also showed signs of impairment. Victim Maguire was discovered lying in a grassy area with fatal injuries. Both Young and the driver of the Ford F-250 were transported by helicopter to be treated for their injuries. Unfortunately, Maguire was pronounced deceased at the scene.

An investigation into the collision revealed that Young was traveling westbound Maryland Route 234. During this time, Maguire was traveling eastbound Maryland Route 234 operating a Harley Davidson motorcycle. A Ford F-250 was directly behind Maguire’s motorcycle. During travel, Young failed to drive in a single lane and entered the eastbound side of the roadway, colliding head on with Maguire’s motorcycle. As a result, Maguire was ejected from his motorcycle to a grassy area on the eastbound side of the roadway. After the collision with Maguire, Young’s vehicle collided with the Ford F-250, causing the truck to travel off the roadway on the eastbound side.

Prior to the collision, Young was observed by her boyfriend, who was traveling westbound Maryland Route 234 in a separate vehicle, swerving into the other lane. Her boyfriend called expressing concern, however, Young continued driving.

A blood test kit was conducted on Young that revealed she was impaired by Cocaine, Oxycodone, and Benzoylecgonine (Cocaine Metabolite) on the date of the collision.

During sentencing Assistant State’s Attorney Constance B. Kopelman told the judge, “There has to be a serious response to what the defendant did. The defendant’s choices are why we’re here. In a day and age of Uber, Lyft, and taxi services, she chose to get behind the wheel under the influence of drugs. And here, it seems her boyfriend tried to get her to stop. Not caring about anyone’s safety, she chose to keep going and that choice killed Mr. Maguire. – There is never a reason to get behind the wheel in [that] condition.”

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State v. Dakevis Larry Maryland, C-08-CR-18-000549

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Monday, December 3, 2018, Charles County Circuit Court Judge Amy J. Bragunier sentenced Dakevis Larry Maryland to 12 years in prison and 5 years of supervised probation for Home Invasion. Maryland also received 13 years of suspended time.

On November 26, 2018, Maryland entered a guilty plea to the above-mentioned charge in Charles County Circuit Court.

On September 3, 2017, officers responded to the 3500 block of Elsa Avenue in Waldorf for the report of a home invasion. Upon entrance to the residence, officers discovered two adult victims, one male and one female, confined in separate areas of the basement level of the home. The female victim’s hands and feet were bound with duct tape and plastic zip ties, while the male victim’s hands were handcuffed behind his back and feet were bound together with flex cuffs.

An investigation into the home invasion revealed that during the evening hours of September 3, 2017, three suspects knocked on the door of the victims’ residence. Each of the suspects wore jackets that read “US Marshals”  and relayed that they were there for official business. Soon after the victims answered the door, the suspects forced the victims into the basement area of the residence, assaulting them both and bounding them. Young children were also present at the residence during the incident, but they were unharmed. Before fleeing the scene, the suspects stole marijuana, money, two handguns, and the male victim’s vehicle.

During the course of the investigation, Maryland was identified as one of the suspects who entered the home.  When officers located Maryland months after the incident, he was observed driving the stolen vehicle and had the vehicle’s keys in his possession at the time of his arrest.

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State v. Brian Douglas Pierce, C-08-CR-18-000288

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Thursday, November 29, 2018, Charles County Circuit Court Judge William R. Greer, Jr. sentenced Brian Douglas Pierce, 36 of Indian Head, to 65 years in prison for the Second-Degree Murder of Robert Branson, First-Degree Assault of Karwin Carroll, Possession of a Shotgun with Disqualifying Conviction, and related charges.

On September 4, 2017, officers responded to the 6000 block of Port Tobacco Road in Indian Head for the report of a shooting. When officers arrived, they located Branson and Carroll in the backyard of a residence approximately 800 feet from the scene of the shooting. Both men were suffering from gunshot wounds. Branson suffered gunshot wounds to his arm and lung, which proved fatal; however, before succumbing to his injuries, he identified Pierce as the shooter. Carroll, who was shot in the back, fortunately survived his injuries after being flown to a hospital in serious condition.

An investigation revealed that prior to the shooting, Pierce and Branson were engaged in a dispute regarding a drug debt. Following the dispute, Pierce went to his father’s residence located near his home on Port Tobacco Road to retrieve a firearm. His brother and father, who were present at the property, refused to give him a gun. Pierce returned to his own residence and retrieved a shotgun located within the house. He then began looking for Branson and Carroll, who were standing outside of the residence. Pierce told the men to leave and Carroll laughed. Pierce then fired the shotgun twice striking each victim once.  Branson and Carroll ran for their lives.

At that point, Pierce got into his vehicle to go after Branson, but was unable to locate him. He then fled to Friendship Park where he abandoned his vehicle. With the assistance of Maryland State Police, Virginia State Police, and other agencies, Charles County Sheriff’s Officers canvassed the area where his vehicle was located but did not locate Pierce.

Pierce turned himself in to the Charles County Sheriff’s Office on September 5, 2017.

During sentencing, Assistant State’s Attorney Jonathan Beattie asked the judge to sentence the defendant above the guidelines of 25-50 years, “The State’s ultimate recommendation would be to incapacitate Mr. Pierce for as long as Your Honor can. That is the appropriate and only just sentence in this case. There is more to Mr. Pierce’s record that puts him at risk to the community.” He furthered, “This is more than just a murder. It [was] broad daylight. It [was] a holiday. People [were] home. It ripples out beyond the decision that one man made; it affects people who had nothing to do with this. –The crime should have never happened because Mr. Pierce never should have had the tools to carry this out. When you make the choice to take a human life without justification, you have forfeited, in the State’s estimation, the right to live freely in this community.”

 

 

 

Sentence Summary

Count 1 – Second Degree Murder of Robert Branson

30 Years

 

Count 2 – Use of a Firearm in the Commission of a Crime of Violence

10 Years, Consecutive to Count 1

 

Count 8 – First-Degree Assault of Karwin Carroll

20 years, Consecutive to Count 1 and Count 2

 

Count 9 –  Use of a Firearm in the Commission of a Crime of Violence

5 Years, Consecutive to Count 1, Count 2, and Count 8

 

Count 14 –  Possession of Cocaine

18 months, concurrent to Count 1

 

Count 18 – Possession of Shotgun with Disqualifying Conviction

15 years, concurrent with Count 1 and Count 14

 

Count 19 – Possession of Shotgun with Disqualifying Conviction

15 years, concurrent with Count 1, Count 14, and Count 18

 

Count 20 – Possession of Ammunition with Disqualifying Conviction

1 year, concurrent with Count 1, Count 14, Count 18, and Count 19

 

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State v. Robert William Warren, Jr., C-08-CR-18-000125

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Monday, November 19, 2018, Charles County Circuit Court Judge Donine M. Carrington sentenced Robert William Warren, Jr., 22 of Indian Head, to 15 years in prison for the First-Degree Assault of James Ihrig, Jr. and Use of a Firearm in the Commission of a Violent Crime.

On August 3, 2018, Warren entered a guilty plea to the aforementioned charges in Charles County Circuit Court.

Covington, commenting on the Court’s sentence, said, “Some may think a 15-year sentence is lengthy but, in this case, it is absolutely appropriate. But for the gun malfunctioning, our victim would be dead, and this would have been a murder case. I don’t think anyone can reasonably say that 15 years – or even more in my opinion – is excessive.”

On December 29, 2017, officers responded to Sandra Court in Indian Head for the report of an attempted armed robbery. Upon arrival, officers made contact with victim James Ihrig, Jr. Ihrig reported that earlier that evening he was approached by two suspects, one producing a firearm, demanding money. The victim was able to give officers a description of the armed suspect, including a hand tattoo the suspect had. Fortunately, the victim was able to escape the incident without injury.

An investigation revealed that prior to the incident, the victim arranged a drug transaction via social media with someone who he believed to be a female. The victim was instructed to arrive in the area of Meekins Park to complete the transaction. Upon arrival, he was approached by two male suspects. While the victim was inside of his vehicle, one of the suspects produced a firearm, pointed it at the victim, and demanded money. The victim attempted to drive away but was initially unable. The armed suspect leaned into the vehicle and pulled the trigger of the firearm several times; however, it failed to discharge. The victim was eventually able to flee unharmed to a friend’s residence. While inside his friend’s residence, the victim saw three suspects going through his vehicle. The suspects fled after being confronted, and the victim was able to call police.

During the course of the investigation, officers discovered rounds of live ammunition inside of the victim’s vehicle. Accomplice testimony linked Warren to the crime. He also had a tattoo matching the description from the victim. Officers were able to locate Warren by his vehicle registration.

During sentencing, Assistant State’s Attorney Tiffany L. Campbell told the judge that, “given the gravity of the offense, the State is asking for a sentence above that recommended by the Maryland sentencing guidelines [of 5-10 years].” The State requested the Court impose a 20-year sentence.

 

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