WEST OCEAN CITY -- The investigation into the death of a West Ocean City bar owner following an altercation outside his establishment earlier this month remains open while law enforcement and prosecutors await the final report from the state Medical Examiner’s Office.
Around 2:23 a.m. on Oct. 6, a Worcester County Sheriff’s deputy was dispatched to the 707 Sports Bar and Grille in reference to a disturbance complaint. The deputy arrived and met with a Maryland State Police trooper, who advised the bar’s owner, Carey Patrick Flynn, had been assaulted.
According to police reports, Flynn, who was on the ground with visible abrasions on his knees and elbows, was complaining of shortness of breath.
Emergency Services were dispatched to the scene and Flynn was transported by ambulance to Atlantic General Hospital, where he died a short time later. Flynn’s wife advised police her husband had a heart condition and had a pacemaker in place.
The investigation revealed a suspect, later identified as Cyle Walker, 26, of West Ocean City, had been in a verbal confrontation with Flynn that had turned physical. Incidentally, Walker’s birthday is Oct. 5, the day before the incident in the early morning hours of Oct. 6. While police were still on the scene, Walker returned and spoke with the deputy, advising the officer a verbal altercation had taken place between he and Flynn.
According to police reports, Walker admitted pushing Flynn, causing him to fall to the ground. Walker was charged initially with second-degree assault.
That second-degree assault charge against Walker was dismissed on Monday, but Worcester County State’s Attorney Beau Oglesby, who was pictured on the scene of the investigation the day of Flynn’s death, said dropping the second-degree assault charge was a formality and Walker remains a person of interest.
After Walker was charged initially with second-degree assault, Oglesby took possession of the arrest warrant as the investigation developed. On Monday, the assault charge was dropped in order to leave the investigation open-ended until the medical examiner’s report comes back.
“It remains an open investigation,” he said. “We’re still waiting for the medical examiner’s report to come back to determine what, if any, new charges are appropriate. The second-degree assault charge has such a quick shelf life in District Court, he [Walker] could go to trial on that charge and have it resolved before we get the medical examiner’s report or conclude our investigation, and we don’t want it to become a double-jeopardy situation.”
Source; http://www.mdcoastdispatch.com/articles/2011/10/21/Top-Stories/707-Owners-Death-Probe-Continues