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Within three weeks, Powell's office will try a first-degree murder case. They will try Jason Joerell Phillips, a 31-year-old Princess Anne man accused of beating his former girlfriend, Melissa Morris, so severely in May that she died of the injuries three months later.
Currently, Powell is juggling his job as an assistant state's attorney in Dorchester County while also developing the framework for the Somerset State's Attorney's Office. Powell contends that Kristy Hickman, the Democratic state's attorney he defeated in the election, hasn't been cooperative with the transition.
"Regardless, I want the residents of the county to know I'm not sitting on my hands waiting for Kristy to reach out to me. I'm doing as much as I can ethically, within the rules of the bar, to get ready," Powell said.
Hickman did not return several calls for comment.
Powell is one of three Republican state's attorneys on the Lower Shore that will be sworn in Jan. 3. Beau Oglesby will take office in Worcester County after defeating four-term incumbent Joel Todd, and Matt Maciarello will take over in Wicomico County, replacing Davis Ruark, who had been in office since 1987.
A shake-up of top prosecutors concentrated in one region is unusual. Statewide, only seven of the 24 state's attorney's offices won't have an incumbent returning, and that's counting the three new prosecutors on the Lower Shore.
Awaiting the new state's attorneys is batch of important cases, ranging from murder trials and rape cases to cases involving armed robberies, first-degree assault and drug transactions.
Adam Hoffman, a political analyst with Salisbury University, said the Republican sweep of Lower Shore state's attorney elections can be attributed to the anti-incumbent mood that swept much of the nation. He also said Republicans often have a built-in advantage in prosecutorial races because of the GOP's reputation as the law-and-order party.
"And as people are more concerned about the rising crime rates on certain parts of the Eastern Shore, Salisbury and whatnot, they may turn to what they perceive as representative from a party that might be able to do a better job," he said.
"This case is so involved that it needs the time and attention of at least two full-time attorneys," Maciarello said.
Maciarello got a head start on the case when Ruark swore him in as the deputy state's attorney Nov. 8. Under that status, Maciarello can receive privileged information about any case. He's traveled to Cecil County to participate in the Foxwell case's discovery hearings. The hearings determine what evidence will be admitted for the case.
There are four additional murder cases pending in the Wicomico County State's Attorney's Office, not to mention several unsolved murders under investigation.
Maciarello said he won't shake up how the cases are prosecuted. That goes for the first-degree murder trial of Kenneth Lee Burke Jr., who is accused of killing his girlfriend, Taheerah Sabr, in August by shooting her twice in the head. No date has been set for the trial.
"All these cases have been pending for some time. Those assistant state's attorneys will handle them. I have no plans to reassign them," Maciarello said.
Maciarello said he's focused his attention on wrapping up his partnership at Hearne & Bailey in Salisbury. But that hasn't stopped him from diving into the administrative duties in the State's Attorney's Office.
With Ruark's blessing, Maciarello has begun reviewing the office's $1.75 million budget, scheduling attorney case loads for January and meeting with his staff, individually and as a group.
Ruark said he hasn't explored his career options in depth because his focus right now is on the Foxwell case. Maciarello has offered Ruark the chance to be the lead counsel in the case.
"I am committed to Sarah's case above all else," Ruark said.
"When I took the oath of office, in my opinion, that includes getting the next person ready, whether I pass the baton voluntarily or the voters decide it's time for someone else," Todd said.
Oglesby said he and Todd have met several times to discuss the job, personnel matters and upcoming cases.
"There's a bigger issue and that's public safety and the effective and successful prosecution of cases," Oglesby said. "I've got nothing but favorable things to say about not only Joel, but his entire office in the way the transition is going. We'll be ready. I'm as intimate as you could be with the cases at this point."
Oglesby's office, not Todd's, will handle the Feb. 8 murder trial in the death of Christine Sheddy. A 20-year-old Texas man, Justin Michael Hadel, is accused of killing Sheddy, who first went missing in 2007 and whose remains were found this February.
When asked if his successor would be ready for the demands of the job, Todd instead reflected on his own career.
"I hadn't been on the job a week before I realized there was a lot more to being state's attorney than when I was the deputy," he said. "I suspect that's true of anybody that takes over."
Oglesby, 41, leaves his job as deputy state's attorney for Caroline County to take over in Worcester. He has spoken with Maciarello and Powell about formalizing a Lower Shore collaboration of law enforcement that would meet to share information among task forces, combined criminal units and child advocacy centers.
Todd has no major trials pending in his remaining three weeks. He said he has no idea what his next move will be, saying it's too early to tell, but promised he won't run for public office again.
In Somerset, Powell said he is "disappointed" that Hickman and he aren't having a smooth transition with the office. But that hasn't stopped Powell from working on the office. He's selected Edmund L. Widdowson Jr. as his assistant state's attorney. Powell said Widdowson has 30 years of experience and will make a great deputy state's attorney.
"It's my ship now," Powell said. "I will take an active role in the cases."
Kelley was charged with felonies in May after police found 75 pounds of marijuana in the trunk of the rental car he was driving during a traffic stop.
"My client was by no means the only one involved," said James V. Anthenelli, Kelley's lawyer, saying the Infiniti Kelley drove was rented by Kelley's father, Modis L. Chandler, who was in the car when police stopped the vehicle for speeding.
Anthenelli said he was "very pleased" with Circuit Court Judge Richard R. Bloxom's decision to suspend four years of Kelley's five-year sentence, which will be served in the Worcester County Detention Center.
"This is my client's first criminal offense," said Anthenelli. He presented tax return records to the court, showing Kelley had a steady income in 2007 and 2008 until the "wheels fell off the bus" after he became unemployed.
Kelley, 24, and Chandler, 40, both of Newport News, Va., were traveling south on Route 113 near Old Virginia Road when they were stopped for speeding.
Maryland State Police called in a K-9 unit, which alerted police to the trunk of the car, where they found 75 pounds of marijuana in two gym bags, according to court records.
Worcester County Assistant State's Attorney Julie Guyer presented the case in front of Bloxom on Thursday. She declined to comment on Kelley's sentencing because charges against Chandler are still pending.
Chandler, who is charged with possession of a controlled dangerous substance with the intent to distribute, possession of marijuana and possession of a large amount of marijuana with intent to distribute, is scheduled to attend a criminal motions hearing on Jan. 7 followed by a jury trial on Jan. 12.
A park ranger found the body Nov. 6 while patrolling a remote stretch of Assateague Island National Seashore near the north end of the island. The body was badly decomposed and clad only in a pair of jeans and a belt when it was found in the surf.
Cpl. Jon Johnson of the Worcester County Bureau of Investigation, the lead detective working the case, said the body did not match any current missing persons cases from the area.
Investigators continue to check with law enforcement agencies in the region when new missing persons reports are made. Johnson said no new reports filed in the weeks since the body was found matched the description.
Police described the body as an adult white male, approximately 5 feet 7 inches tall and weighing between 140 and 160 pounds.
The body was clothed in Levis denim blue jeans and a black Patagonia belt.
The body was sent to Baltimore for an autopsy at the Medical Examiner’s Office to make an identification and to determine the cause of death.
The condition of the body when it was found prevented police from determining whether foul play was involved.
The medical examiner has not yet completed the examination of the body so police are still waiting for those results, Johnson said Tuesday.
The area where the body was found is considered one of the most remote areas of the park, located almost seven miles north of the state park and two kilometers south of the Ocean City Inlet.
The area can only be reached by boat from Ocean City or by traveling along the sand in a vehicle.
WILLARDS, Md.- Police in Wicomico County have arrested four suspects accused of robbing a Willards convenience store late Wednesday night.
Jordan Jamar Criner, 23, of Berlin; Dalton Earl Entzminger, 17, of Accomack, Va.; Akeem Samir Mason, 17, of Painter, Va., and Takeyah La'Day Mason, 23, of Melfa, Va., are charged with robbery, conspiracy and related offenses.
Shortly before midnight, troopers from the Maryland State Police Salisbury Barrack responded to a reported armed robbery that had just occurred at the Dash In located on 7201 Main St. While this was happening, a deputy with the Wicomico County Sheriff's Office was on patrol in the area of Willards when he observed two males run from the Dash In and get into a vehicle that quickly drove away.
Police say the deputy stopped the vehicle with the suspects inside and observed cash on the floor of the vehicle and numerous cartons of cigarettes in its passenger compartment, which matched what was stolen from the Dash In.
According to police, the clerk from the Dash In was able to positively identify two of the occupants of the vehicle as the suspects who had robbed him a short time before and who had stolen cash and cigarettes during the robbery.
Detectives with the Wicomico Bureau of Investigation, which took over the case, say a further investigation indicated that all four suspects were also potentially involved in a convenience store robbery that had occurred earlier in the evening in Worcester County.
Detectives also obtained video surveillance from the Dash In. All four suspects were turned over to Wicomico County Central Booking for processing. Both juveniles were charged as adults due to the nature of the offenses.
Anyone with additional information pertaining to this or any other investigation is asked to contact the WBI at (410) 548-4898 or Crime Solvers at (410) 548-1776.
Arlington County has ordered Kim Houghton to cover up a 1,000-square foot mural painted on the side of Wag More Dogs, her doggie day care business in Shirlington.
The county said the mural's content - replete with puppies, bones and paw prints - makes it a commercial sign subject to county regulations, and those regulations don't allow signs larger than 60 square feet.
"Arlington County has said because her picture of dogs, bones and paw prints has a relationship with her business, it's an illegal sign," says attorney Robert Frommer with the Institute for Justice, who filed a free speech lawsuit on behalf of Houghton Thursday in U.S. District Court in Alexandria.
Houghton's lawyers say the county law is unconstitutional because it requires bureaucrats to determine whether the mural's content makes it artwork or commercial advertising.
Houghton says the mural is not advertising, but artwork intended to brighten up the adjacent dog park. She acknowledges that some of the cartoon dogs in the mural bear a resemblance to the dogs in her company logo.
She says her primary purpose was to brighten up the dog park, and that she deliberately avoided including the name of her business or any text that would associate the mural with her business.
But the county says that under its code, a mural on the side of a dog business that depicts dogs is a sign, not art.
"Once we have decided it's a commercial sign, we have an obligation to make sure it complies with our ordinance," says county spokeswoman Mary Curtius. "We were surprised by the lawsuit. ... We have been working with this business owner for quite some time and trying to accommodate her." Frommer says the county can't be in the business of reviewing a mural's content and deciding for itself whether a mural is artwork or advertising. That's an unconstitutional infringement of free speech, he says.
Frommer says counties clearly have the right to regulate commercial signage. But the fact that Houghton's mural says nothing about her business places it outside the scope of any legitimate regulation.
"Whatever gray areas there might be (in distinguishing advertising from artwork), this mural is far from it," says Frommer, whose institute has filed numerous lawsuits challenging what it sees as overzealous regulation of small businesses.
The law leads to ridiculous interpretations, Frommer says. Houghton was told the mural could depict anything but dogs, even though it would be seen outside a dog park. At one point, Houghton planned to have the dogs repainted as flowers to comply with the regulations.
"The problem with Arlington sign code (is) whether a sign can go up or not or whether artwork can go up or not depends on the identity of who is speaking and what it is they're saying," Frommer says.
Curtius says the county offered, as a compromise, to allow the mural if Houghton painted "Welcome to the Shirlington Dog Park" or words to that effect to clarify that the mural promotes the dog park and not her business. Houghton says the proposed compromise wasn't that simple. The county was insisting on 8-foot high letters spelling out the exact phrase "Welcome to Shirlington Park's Community Canine Area," which wouldn't fit on the side of the building and would cost $7,000 in addition to the $4,000 she already spent on the mural.
After several months of discussions that Houghton says were ultimately not productive, she decided to sue.
"I wasn't going to just walk away and whitewash " the mural, Houghton said.
Houghton says she was told to paint over the mural or cover it with a tarp. She's had a tarp over it for months.
"My heart is wrapped up in that mural right now," she says.
Furnace Town will be decorated for the season with traditional greenery; visit artisans such as the woodworker, gardener, spinner, blacksmith, broommaker and weaver as they share their skills.
Find gifts at the museum store like table mats, shawls, ironworks and woodblock prints. Admission is $5 for adults, with discounts for seniors and children.
Contact Furnace Town at 410-632-2032.
The signals are tested the first Saturday of each month.
In the event of an actual emergency, the sirens would be used as an additional means to warn the surrounding communities of imminent danger and the need to tune into radio, television or the Internet for additional information.
Worcester County Animal Control (WCAC) is seeking small bags of dog and cat food for its second annual Secret Santa Pet Food Drive.
Donations can be delivered to the Animal Control facility in Snow Hill Dec. 2-16. Officers plan to distribute the pet food the week before Christmas.
“Lots of people, even those who have donated food to us in the past, are coming to us for pet food,” said Susan Rantz, chief animal control officer. “We’ve been helping as many as we can.”
This holiday season WCAC also plans to raise awareness of the proper care and handling of pets, which require a long-term commitment.
Now, drivers automatically have trial dates scheduled, but that won't happen under the new law.
They will be able to either pay the fine, ask for a waiver hearing instead of a trial or request a court date for a trial.
Drivers will have to comply within 30 days or risk having their driver's license suspended by the Motor Vehicle Administration.
Payable traffic violations like speeding, failure to obey a traffic signal, or failure to stop for a school bus are affected by the new law. Violations like driving under the influence of alcohol or drugs or under a suspended license are not.
Deputy State's Attorney Michael Farlow did not object to the dismissal of first-degree murder, first-degree assault and second-degree assault charges against Crippen.
"The forensic evidence would have made it impossible to prove Mr. Crippen is the person who killed Reginald Handy," Farlow said, noting Crippen is still charged with the first- and second-degree attempted murder of Torrance Davis, Crippen's cousin, along with separate first- and second-degree assault charges and other related offenses.
Arthur McGreevy, Crippen's lawyer, said it felt good to get the murder charge against his client dropped. He is focusing on the trial scheduled to begin Monday.
The shooting death of Handy occurred on May 26 at about 10 p.m. in Pocomoke City, when he was shot once in the back before being transported to Peninsula Regional Medical Center in Salisbury, where he was pronounced dead, according to police and court records.
Upon searching the area where Handy was shot, McGreevy says police found six .45-caliber shell casings, six other shell casings and a .223 rifle cartridge.
The deputy state's attorney and defense council put several additional motions in front of Judge Richard R. Bloxom, including allowing audiovisual equipment in the court during the trial, redacting objectionable statements in Crippen's interview transcripts and correcting a typographical error in court documents.
In a July interview, Davis said he and his cousin didn't know Crippen personally before the night Handy died, and disputed police accounts that had Crippen arguing with Handy beforehand.
The driver, a 28-year-old GianFranco Minello, is charged with reckless driving and evading police. Both he and the front-seat passenger, 30-year-old Randy Rickards, are also charged with robbery, possession of cocaine, and conspiracy and firearms charges. The two passengers in the back seat, a 17-year-old female and 44-year-old Kevin Payne, are charged with possession of cocaine. The female is not being identified to the media because she is a juvenile.
Cracker Barrel Old Country Store In,. has launched a pilot project in which it will install Blink electric vehicle chargers, provided by Ecotality Inc., at 24 restaurants across Tennessee.
The pilot is part of a broader effort by Ecotality, based in Tempe, Ariz., to get charging stations in more places across the country. The lack of charging stations, along with the high cost of vehicles, are major hurdles to the spread of electric vehicle technology.
Cracker Barrel restaurants are mostly located near major highways where travelers can get to them, and back on the road, easily. Ecotality said this makes them an ideal fit for the charging stations. About 40 percent of Cracker Barrel guests are travelers.
There will be a charge for the service, but the prices haven't yet been set, Cracker Barrel spokeswoman Julie Davis said Tuesday.
The chargers are expected to be installed over a few months starting next spring.
Through its EV project, Ecotality will oversee the installation of 15,000 charging stations in 16 cities and major metropolitan areas in six states and the District of Columbia. The project will provide infrastructure to support the deployment of 8,300 electric vehicles. The project is funded through a federal stimulus grant of $114.8 million. The grant was matched by private investment, bringing the total value of the project to about $230 million.
Cracker Barrel, based in Lebanon, Tenn., is also shelling out an undisclosed amount of money to help with installation of its chargers and to upgrade transformers.
Its shares fell 68 cents, or 1.3 percent, to $53.40 in midday trading. Ecotality shares dropped 8 cents, or 2.2 percent, to $3.52.
Wicomico, Worcester, Somerset, Accomack, Northampton and Dorchester counties are on the watch list. Locally heavy rainfall and damaging winds are possible, particularly from 8 a.m. until 2 p.m.
Carmela Dela Rosa allegedly threw two-and-a-half-year-old Angelyn Ogdoc off a sixth floor outdoor walkway at Tysons Corner Center around 7:15 p.m. Monday, Fairfax County Police spokesperson Tawny Wright tells WTOP.
Dela Rosa was arraigned Tuesday morning at Fairfax County Circuit Court. She is due back there on Jan. 4.
She is currently being held without bond at the Fairfax County Adult Detention Center.
Dela Rosa, of Fairfax, was walking with other family members Monday when she picked up and threw the girl off the walkway in a matter of seconds, Wright says.
Emergency responders took Ogdoc to Inova Fairfax Hospital, where she later died. Police were notified of her death around 4:30 a.m. Tuesday.
Dela Rosa was originally charged with aggravated malicious wounding, but the charges were upgraded to murder following the girl's death.
There is a security camera on the walkway. There is no word on whether the camera captured the incident.
The walkway connects Parking Garage E with the movie theaters and a food court. There is a railing just higher than waist-level.
Police have not said what prompted the Dela Rosa to hurt her granddaughter.
Dela Rosa's neighbors say she often took care of her granddaughter, and was recently rushed to the hospital because she was sick.
"She's like a normal person, you wouldn't think something like that would happen," next-door neighbor Russell Jackson tells WTOP.
"I've seen her picture, but I'm still saying 'They've got the wrong house.'"
HOW TO INSTALL A HOME SECURITY SYSTEM WHEN ON A BUDGET:
1. Go to a second-hand store and buy a pair of men's used size 14-16 work boots.
2. Place boots on your front porch, along with several empty beercans, a copy of Guns & Ammo magazine, and several NRA magazines.
3. Place a few giant dog dishes next to the boots and magazines.
4. Leave a note on your door that reads: "Hey Bubba, Big Jim, Duke and Slim, I went to the gun shop for more ammunition. Back in an hour. Don't mess with the pit bulls -- they attacked the mailman this morning and messed him up real bad.
I don't think Killer took part in it, but it was hard to tell from all the blood.
P.S. I locked all four of 'em in the house. Better wait outside."
INSTALLATION COMPLETE!
Maryland State Police say Wyatt A. Young, 18, will be charged with attempted first- and second-degree murder, first- and second-degree assault, reckless endangerment, illegal possession of a handgun in a vehicle, illegal possession of a handgun, and use of a handgun in the commission of a felony. Bond information was not immediately available.
Police say that at around 7 a.m. today, Young walked into the Salisbury Police Department with his mother and identified himself to police. He was taken into custody without incident.
Young's arrest stemmed from an incident alleged to have occurred shortly after 1 a.m. Friday, Nov. 26. Authorities say a state trooper assigned to the MSP Salisbury Barrack was traveling in the 7500 block of Longfield Drive near Hebron when he saw a vehicle parked in the grass along the shoulder of the road. The trooper was in uniform and in a marked patrol car.
The trooper was facing the front of the Honda when he pulled up to check on it. The trooper shone his patrol car spotlight on the Honda and saw someone lying across the front seat. Police say the person, later identified as Young, sat up and pointed what appeared to be a handgun at the trooper. According to investigators, Young fired at the trooper through the driver's side window, causing the Honda's window to shatter.
Police say that Young is believed to have fired at least two more times at the trooper, before speeding away from the scene.
Neither the trooper nor his patrol car was hit by the gunfire.
A search by police in Maryland and Delaware had been underway for the last four days prior to Young's decision to surrender to authorities. He had last been seen in Delaware where he fled from a traffic stop.
Agencies involved in the search included the Wicomico County Bureau of Investigation, the Wicomico County Sheriff's Office, MSP Salisbury Barrack, Maryland State Police State Apprehension Team, Delaware State Police and local police departments.
The Wicomico County State's Attorney's Office worked with the investigative team and was consulted regarding criminal charges.
The investigation is continuing. Police say additional criminal charges are pending against Young in Maryland and Delaware.