News

State v. Dominic Xavier Daniel, K17-487

LA PLATA, MD—Tony Covington, State’s Attorney for Charles County, announced that on February 25, 2019, Dominic Xavier Daniel, 26 of Waldorf, entered a guilty plea in Charles County Circuit Court, in front of the Honorable Judge Amy J. Bragunier, to the First-Degree Murder of Samuel Gemeny, Use of a Firearm in the Commission of a Crime of Violence in relation to the murder of Samuel Gemeny, and the First-Degree Assault of Allison Hofmann.

On May 16, 2017, officers responded to an apartment complex located in the 3400 block of Promenade Place in Waldorf for the report of a home invasion and shooting. Upon arrival, officers found victim Gemeny suffering with a gunshot wound to the neck. Officers also made contact with victim Hofmann, who was suffering with non-life-threatening injuries. Gemeny, unfortunately, was pronounced deceased at the scene.

An investigation revealed that during the evening hours of May 16, 2017, the victims were inside of their apartment when Hofmann heard knocking at the front door. Hofmann looked through the peephole of the door but did not see anyone outside of the apartment. In an effort to see if someone had knocked and walked away, she opened the front door. At that time, Daniel, as well as two of his co-defendants, forced entry into the apartment. None of the suspects concealed their faces and Hofmann immediately recognized two of the suspects, including Daniel, as acquaintances of her and Gemeny.

Daniel, who briefly lived at the apartment prior to the incident, yielded a gun and pointed it directly at Hoffman. He began demanding to know where a mattress was that he had while living in the apartment, as well as the whereabouts of Gemeny. The other two suspects demanded money. Gemeny, who was previously in the master bedroom, approached the suspects undetected and hit Daniel in the back of the head with an iPad. Daniel then turned toward Gemeny and shot him at close range. The suspects then fled the area.

During the incident, Hofmann was grabbed by her throat and slammed into a counter, which caused injury to her back.

During the course of the investigation, Daniel admitted to being one of the suspects and shooting Gemeny. He was also identified by accomplice testimony.

Sentencing is set for May 13, 2019 before Charles County Circuit Court Judge Amy J. Bragunier.

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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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