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Volunteer Firefighter Sentenced to 6 Years for Vehicular Manslaughter

State v. Daniel Juwan Butler, C-08-CR-18-000433

LA PLATA, MD— Tony Covington, State’s Attorney for Charles County, announced that on Tuesday, October 30, 2018, Charles County Circuit Court Judge Amy J. Bragunier sentenced Daniel Juwan Butler to 6 years in prison and 5 years supervised probation for the vehicular slaying of Taylor Halbleib. Butler, 23 of Newburg, previously entered a guilty plea to the Negligent Vehicular Manslaughter of Halbleib on August 30, 2018.

During the early morning hours of December 7, 2017, troopers from the Maryland State Police responded to the area of Route 6 in La Plata, west of Cooksey Road, for the report of a multi-vehicle collision. Upon arrival, troopers located Butler and a passenger who was traveling in his vehicle, both conscious and emitting a strong odor of an alcoholic beverage. Troopers also discovered Halbleib, who was unresponsive, trapped in her vehicle that had extensive damage on both sides, with the vehicle’s rear being pushed into the rear passenger compartment. After being treated on scene, Butler and Halbleib were transported to the University of Maryland Charles Regional Medical Center for treatment. Unfortunately, Halbleib succumbed to her injuries. Butler survived his injuries. The passenger of Butler’s vehicle was transported to Prince George’s Hospital Center by helicopter and also survived his injuries.

An investigation into the collision revealed that Halbleib, a 21-year-old student at the College of Southern Maryland, had left work prior to the collision and was operating a Hyundai Elantra traveling eastbound on Route 6. Halbleib’s vehicle came to a complete stop at a red light. There was one vehicle, a Honda Odyssey, ahead of Halbleib that was at a complete stop at the red light as well. Butler, who was driving a Ford F-150, was also traveling eastbound, but failed to slow down and stop for the red light, slamming into Halbleib’s vehicle at almost 70 miles per hour. The impact of the collision forced Halbleib’s vehicle into the Honda Odyssey in front of her. Halbleib’s vehicle then began to spin, eventually settling in a north westerly position on the eastbound shoulder. Butler’s vehicle veered off the roadway into the woods. The driver of the Honda Odyssey was uninjured and left the scene of the accident with her vehicle, but later returned. Halbleib, however, suffered extensive injuries, including a broken neck, broken back, and crushed organs.

Further investigation revealed that Butler and his passenger had been drinking heavily throughout the night at a bar in La Plata. The two men then purchased and consumed more beer at a bar/liquor store in La Plata where Halbleib worked. After closing, Butler and his passenger continued drinking outside of the bar. When Halbleib left work for the evening, Butler harassed her before she left in her vehicle. Butler followed her vehicle from her employment until he rammed into the back of her vehicle with his Ford F-150. Multiple open cans of beer and liquor were located inside of Butler’s vehicle at the scene.

A blood test was conducted on Butler which revealed a .20 blood alcohol level which is two and a half times the legal limit.

During sentencing, in a courtroom packed with over 100 family and friends of the victim, Assistant State’s Attorney Francis Granados, the lead prosecutor on the case, told the judge, “the justice system does not treat fatal collisions serious enough. And nothing can be more serious than this case. What is a more violent way to die than being crushed by a truck that’s going 70 miles per hour? How terrifying must it have been for Taylor to see her killer coming and not be able to do anything about it. This case is so egregious that the defendant deserves the maximum sentence of ten years. Mercy is for those who make mistakes, not for those who willfully do wrong. This was anything but a mistake. He chose to do it. Again, he deserves the maximum sentence this Court can give. – If the sentence you impose can save one life and save another family from the horror and pain that Taylor’s family has endured and will endure for a lifetime, wouldn’t it be worth it? The community is waiting. Please do the right thing.”

Before imposing her sentence on Butler, Judge Bragunier said, “On the night Taylor was killed, you were anything but a nice person. The last 20 minutes of [the victim’s] life were pure terror. – You knew better and should’ve known better seeing as though you were an EMT and volunteer firefighter.”

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Man Who Murdered Neighbor Sentenced to 64 Years in Prison

State v. Marcus Darnell Johnson, C-08-CR-18-000014

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Thursday, October 25, 2018, Charles County Circuit Court Judge H. James West sentenced Marcus Darnell Johnson, 34 of Nanjemoy, to 64 Years for the Second-Degree Murder of Wayne Proctor, Jr. and 6 counts of reckless endangerment.

Covington, commenting on the case, said, “I’ve been dealing with criminal law for close to 30 years. The killing of Wayne Proctor has got to be one of the most senseless, incomprehensible takings of life I can remember.  All you can do is shake your head in disbelief, feel for his family, and thank the Court for imposing a sentence that keeps this defendant behind bars for decades.”

On Tuesday, August 14, 2018, a Charles County jury, after a 7-day trial, convicted Johnson of the above listed charges.

On December 23, 2017, officers responded to the 8300 block of Bowie Road in Nanjemoy for the report of a shooting. Upon arrival, officers discovered victim Wayne Proctor, Jr. lying unconscious on the floor, suffering from gunshot wounds to his chest and abdomen. He was pronounced deceased at the scene.

An investigation revealed that prior to the shooting, Johnson and the victim, who were neighbors, engaged in a heated argument while standing outside of Proctor’s residence.  The argument was related to a thirty-dollar debt the victim owed the defendant. Proctor’s wife and children were also present during the argument. At some point, Johnson brandished a handgun which prompted Proctor, his wife, and children to walk inside their residence and close the door. As Proctor was closing the door, Johnson fired multiple bullets at Proctor.  Proctor was struck multiple times.  Two of the bullets entered his chest and pierced his heart resulting in Proctor’s death.  Johnson fled the scene but was apprehended by officers shortly thereafter.

During sentencing, Assistant State’s Attorney Sarah Freeman told the judge, “the defendant’s response [to this petty argument] was to pull out a firearm and start firing with the victim’s children and wife standing there with the victim. – [Proctor’s family] came up and told you that Wayne Proctor was the glue to their family. He wasn’t just a man, but a family man. He was a father. Not only did his children have to witness this killing – including watching their father’s death throes – they’ll have to live their entire lives fatherless.  Johnson must be punished for taking [the victim’s] life.”

Before sentencing Johnson, Judge West said, “…a man, that is an active family man with five children, extended family, and contacts beyond what the eye can see in this courtroom, is basically in his home and gunned down in front of children, and his children will forever walk with that memory. It’s just really unacceptable. – If you gun down someone in front of their little children, that is way over the line of any crime I can think of.”

 

Total Sentence

Count 3- Second Degree Murder – 40 years DOC
Count 5 – Reckless Endangerment – 3 years DOC
Count 6 – Reckless Endangerment – 4 years DOC
Count 7 – Reckless Endangerment – 4 years DOC
Count 8 – Reckless Endangerment – 4 years DOC
Count 9 – Reckless Endangerment – 5 years DOC
Count 10 – Reckless Endangerment – 4 years DOC
All sentences run consecutive to each other bringing the total active sentence to 64 years.

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Repeat Drunk Driver Sentenced for Homicide by Motor Vehicle

State v. Wendy Lynn Moore, C-08-CR-18-000273

LA PLATA, MD— Tony Covington, State’s Attorney for Charles County announced that on October 18, 2018, Charles County Circuit Court Judge H. James West sentenced Wendy Lynn Moore to 5 years in prison for the vehicular slaying of Brian Smith. Moore, 50 of Mechanicsville, previously entered a guilty plea to the Negligent Vehicular Manslaughter of Smith on July 17, 2018.

Covington, commenting on the Court’s sentence, said “Even if the Court gave this defendant the maximum sentence of 10 years, it simply would not be enough. I’ve said it many times before and will continue saying it until, as a society, we wake up. The statutory maximum penalties for killing somebody while driving drunk or drugged are ridiculously low. The potential sentences simply don’t deter the crime nor sufficiently punish the killer. Consequently, in Maryland, a person is killed in a drunk driving case every other day of the year. Nationally, approximately 30 people are killed every single day! We need to seriously address this totally avoidable epidemic of death. Behavior-changing sentencing will make a huge difference.”

On August 1, 2017, at approximately 1 p.m., troopers from the Maryland State Police responded to the area of Route 5 in Waldorf, south of Legacy Farm Place, for the report of a motor vehicle collision. Upon arrival, troopers observed two vehicles with extensive damage. Smith’s vehicle had severe damage to the rear end and Moore’s vehicle had severe damage to the front end. EMS Personnel were also on scene performing CPR on Smith, who was lying on a grassy area nearby the vehicles.

An investigation into the collision revealed that 53-year-old Smith, a husband and father of two, was attending to a mechanical issue of his disabled vehicle in broad daylight on the northbound shoulder of Route 5 in Waldorf. Moore was driving her vehicle northbound on Route 5 when, for no traffic-related reason, she veered off the roadway onto the shoulder, striking Smith’s vehicle, which subsequently struck Smith. The impact was so great that Smith was thrown into a separate, grassy area. Smith suffered from extensive injuries to his head and body, and ultimately succumbed to his injuries.

A blood test was conducted on Moore which revealed a .05 blood alcohol level and the presence of the prescription drug Lexapro. The investigation concluded that the combination of both substances rendered her under the influence and caused her to lose control of the vehicle. In 2013, Moore plead guilty to driving while impaired by alcohol in the District Court of Maryland for Calvert County.

During sentencing, Assistant State’s Attorney Sarah Freeman told the judge, “This crime – killing someone because you’re under the influence and choose to drive – is avoidable. Ms. Moore made a conscious, reckless decision in disregard of every other life on the road that day and Mr. Smith died because of it. The State demands the Court impose the maximum sentence Ms. Moore can get.”

Before imposing his sentence on Ms. Moore, Judge West said, “I am confident that it wasn’t Ms. Moore’s intent to hurt someone – certainly her intent was to drive – but a series of bad decisions brings us here. – The good thing, [for Ms. Moore’s family at least] is that they will one day get a call with a release date – and can countdown until Ms. Moore will come home. The Smith family will get no such call.”

The Court’s overall sentence for Count 1 of the indictment, Negligent Vehicular Manslaughter, was 10 years incarceration with all but 5 years suspended. The defendant was placed on 5 years supervised probation upon her release from prison with various conditions.
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Former Lifeguard Sentenced 13 Years for Child Sex Abuse

State v. Carlos Sorto Alvarez, C-08-CR-18-000058

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Thursday, September 27, 2018, Charles County Circuit Court Judge H. James West sentenced Carlos Sorto Alvarez, 31, to 13 years in prison for Sexual Abuse of a Minor and two counts of Soliciting Child Pornography.

On May 21, 2018, Alvarez entered a guilty plea to the above listed charges in Charles County Circuit Court in front of the Honorable Judge H. James West.

On December 21, 2017, officers met with the victim, who was under 18 years old, after being contacted by the Department of Social Services.

An investigation revealed that the victim met Alvarez at a community pool where Alvarez was a lifeguard. The victim was under 14 years of age at the time. Over the course of two years, Alvarez and the victim participated in several recreational activities together. During this time, Alvarez would buy the victim items such as clothing, food, and telephones. When the victim entered high school, Alvarez began making inappropriate requests of the victim, including performing sexual acts in front of him, as well as requesting the victim to send naked pictures and videos of a sexual nature. Alvarez and the victim did perform sexual acts with each other on several occasions.

It was also revealed during the course of the investigation that Alvarez solicited a friend of the victim, another juvenile, to send sexual pictures and video as well.

At sentencing, Assistant State’s Attorney Sarah Freeman told the judge, “The exploitation went on for two years before the actual act. – There is too much risk here. There is too much manipulation by the defendant. This was predatory in nature. This was not an isolated incident. He was in a position of trust. Parents entrusted their kids to the community pool to have fun – not for a lifeguard to be taking advantage and grooming them. [The State believes] this is an above guidelines case.”

Before sentencing the defendant above the Maryland Sentencing Guidelines, Judge West said, “If you have children and send them to public places – and abuse happens – the community as a whole is let down. The community as a whole is damaged.”

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Man Found Guilty of Second-Degree Murder

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

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Monday, September 24, 2018, a Charles County jury, after a 6-day trial, convicted Brian Douglas Pierce, 36, of the Second-Degree Murder of Robert Branson, First Degree Assault of Karwin Carroll, Possession of Cocaine, 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.

A sentencing date has been set for November 29, 2018. Pierce faces up to 127 years in prison.

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Man Sentenced to 12 Years for Viciously Assaulting Ex-Girlfriend

State v. William Alphonso Clark, Jr., C-08-CR-18-000003

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on Thursday, September 20, 2018, Charles County Circuit Court Judge Amy J. Bragunier sentenced William Alphonso Clark, Jr., 30 of La Plata, to 12 years in prison and 10 years suspended time for First-Degree Assault and Third-Degree Burglary.

On June 7, 2018, Clark entered a guilty plea to the above charges in Charles County Circuit Court in front of the Honorable Judge Amy J. Bragunier.

On December 10, 2017, officers responded to a residence in Indian Head for a possible burglary and assault in progress. Upon arrival, an officer heard loud screams coming from inside the victim’s residence and was directed by multiple neighbors to the residence. Once inside the residence, the officer found the victim being assaulted by Clark inside of her kitchen. The officer ordered Clark to stop and he complied. The female was then able to escape, and Clark was apprehended inside of the kitchen.

An investigation into the assault revealed that Clark and the victim were previously involved in a romantic relationship; however, they were no longer dating. Prior to the incident, Clark repeatedly tried to get in contact with the victim, but the victim declined to engage with him. On the morning of the incident, the victim received a text message from a relative of Clark that expressed concern for the victim because of Clark. Clark later showed up to the victim’s residence and began banging on the door, but the victim would not allow him entry to the residence. Clark then went to a sliding glass door in the back of the residence and shattered it to gain entrance.

The victim tried to escape, but Clark began to strangle her and threatened her life. The victim was able to temporarily fight him off and tried to escape again. However, Clark was able to grab the victim from the back of the neck and began strangling her and threatened her life again.  Clark then dragged the victim to the kitchen and began pulling the victim’s hair, as well as repeatedly punching her with a closed fist in the face while she was on the floor covered with glass from the broken door.

During sentencing, Assistant State’s Attorney Sarah K. Freeman emphasized the violent nature of the crime to the judge, “to break into a person’s home when she clearly didn’t want a relationship – repeatedly beating her, pulling her hair, and strangling her – we are lucky the officer was right down the road. Who knows what the injuries would’ve been if it wasn’t for [the officer]. ”

Before sentencing Clark, Judge Bragunier stated, “I’m pretty sure had the defendant been left to his own devices that day, [the victim] would be dead.”

Covington commented, “The Court was correct in praising Deputy Bringley’s quick response and actions which, I believe, saved this victim’s life.  I also think that the good Samaritans that heard the victim screaming for help and directed Bringley to the location deserve praise as well.  Evil wins when good people stand by and do nothing.  This defendant was held accountable for his crimes because good people took action in this life or death scenario. We need more of that in this country.”

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Man Sentenced to 25 years for Sexually Abusing Vulnerable Teen

State v. Calvin Julius Burgess, C-08-CR-18-000276

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County announced that on Wednesday, September 12, 2018, Charles County Circuit Court Judge Amy J. Bragunier sentenced Calvin Julius Burgess, 35, formerly of La Plata, to 25 years for Sex Abuse of a Minor.

Covington, commenting on the Court’s sentence said, “The Court’s sentence puts a predator behind bars where he should be. I firmly believe that no one in our great County will find fault with the Court’s sentence. This predator, by his actions, earned everyday he will have to serve.”

On May 30, 2018, after a 2-day trial and less than 30 minutes of deliberation, a Charles County jury found Burgess guilty of the aforementioned charge.The evidence at trial revealed that on June 16, 2017, officers spoke with the victim in La Plata. The victim disclosed to officers that she was involved in a sexual relationship with Burgess while she was under 18 years old. Burgess, who served as a father figure to the victim, had begun manipulating the victim – who was particularly vulnerable – for years with inappropriate behaviors. The behaviors included cuddling with the victim, rubbing her legs, and showing the victim affection for Burgess’ own benefit and sexual gratification. This eventually escalated to Burgess engaging in multiple sexual acts, to include intercourse, with the victim.

The victim revealed to her mother the sexual nature of the relationship after her 18th birthday. Her mother and sister then alerted the police. The victim’s account of the sexual relationship was corroborated by text messages that were sexual in nature with Burgess, as well as Burgess’ confession to the sexual acts.

During sentencing, Assistant State’s Attorney Sarah Freeman told the judge, “The defendant is a master manipulator. He knows his audience and he will say whatever he needs to say to fit his agenda. Mr. Burgess, by his own admission, knew this victim was in a vulnerable state and exploited his position of trust. The level of harm in this case is excessive. This didn’t just affect the victim, but the entire family unit. Master manipulators are the most dangerous kind of sexual predators. That is what Mr. Burgess is.”

Charles County Circuit Court Judge Amy J. Bragunier said at sentencing, “My reaction to all of this is just, wow. Mr. Burgess, you are a narcissist in the first degree. The court finds that a sentence of 25 years is appropriate in this case. This child will need counseling for the rest of her life and all her future relationships will be affected by this trauma. Was this a blood and guts case? No—but that doesn’t mean that your actions were not heinous.”