News

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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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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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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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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