Author Archives: osa_webadmin

SUBSEQUENT DUI OFFENDER SENTENCED TO 3.5 YEARS INCARCERATION

On Thursday, July 27, 2023 Philip Paul Manna III, 43, was found guilty of Driving While Impaired by Alcohol, Driving While Revoked, Driving on a Suspended License, Driving without the Required License, and Driving without an Ignition Interlock as Required.

During the course of a two-day jury trial before the Honorable Judge Alex Allman, evidence was presented that on May 19, 2023, a 911 call was placed by a concerned citizen who observed a vehicle driving erratically in the wrong direction of traffic at extreme rates of speed. The caller advised that the vehicle and its occupant stopped in the “Festival” parking lot in Bel Air, Maryland and that the driver, later identified as Philip Manna III, entered the Spirts & Wine Liquor store before losing sight of the vehicle. Harford County Sheriff’s Office Deputy Tabler and Maryland State Police Trooper Dill responded to the registered address of the vehicle approximately ten minutes later and observed Manna seated in the driver’s seat of the vehicle with the running lights on and the driver’s side door open. When Deputy Tabler approached, Manna turned off the vehicle, threw the keys in the back seat and ran toward the residence, leaving an unopened bottle of vodka toward the back driver’s side wheel of the vehicle. Trooper Dill assumed the investigation and questioned Manna on his whereabouts prior to arriving at the residence. Manna indicated that he was coming from the Crazy Tuna restaurant and responded “I don’t know” when asked how much alcohol he had consumed that evening. Manna denied driving the vehicle and refused all standard field sobriety tests. However, Deputy Tabler and Trooper Dill detected the strong smell of alcohol, bloodshot, glassy eyes, and nervous behavior. Manna was placed under arrest for suspected Driving Under the Influence and transported back to the Maryland State Poice Barracks where Manna refused the DR-15 intoximeter test. Sentencing was scheduled for August 2, 2023 and Manna was remanded into custody.

In preparation for sentencing, it came to the attention of Assistant State’s Attorney Vincenzo Culotta, that on the evening of the first day of trial, July 26, 2023, Manna, still without a license, drove to a liquor store in Bel Air. State’s Attorney’s Office Investigator Christopher Gibbons was able to obtain surveillance footage from the liquor store confirming that Manna did, in fact, drive to the location and go into the store while actively being tried for the May 19th incident. Assistant State’s Attorney Culotta presented this information at the sentencing hearing on August 2, 2023, as well as information that Manna had three prior convictions for Driving Under the Influence or Impaired, as well as a previous conviction for Driving without an Ignition Interlock and Malicious Destruction of Property.

Judge Allman sentenced Manna under subsequent offender penalties to 7 years suspend all but 3.5 years of incarceration with the sentencing breakdown as follows:
Driving while Impaired by Alcohol – 5 years, suspend all but 3 years.
Driving while Revoked – 1 year, suspend all but 6 months.
Driving on a Suspended License merged into Driving while Revoked
Driving without Required License merged into Driving while Revoked
Driving without an Ignition Interlock as Required – 1 year suspended
The sentences in all counts were ordered to run consecutively to one another.

State’s Attorney Alison M. Healey thanks Assistant State’s Attorney Vincenzo Culotta for his diligence in pursuing justice and ensuring community safety in this case through his litigation of this trial. Further thanks are extended to Assistant State’s Attorney Rebecca Malkowski for her litigation of the suppression hearing in this matter. She also thanks Deputy Tabler and Trooper Dill for their efforts. “Driving Under the Influence of Alcohol is a senseless and completely preventable crime, while also being a crime that puts the lives of our entire community at risk. As a fourth time offender and given the egregious nature of the defendant’s behavior both during the incident question and while this trial was ongoing, it was imperative that he be removed from the community to ensure the safety of Harford County’s citizens. Our office will continue to pursue significant periods of incarceration for subsequent offenders of any crime that continuously put the citizens of our county at risk.”

EDGEWOOD MAN CONVICTED OF POSSESSION OF A FIREARM IN A DRUG TRAFFICKING CRIME & POSSESSION WITH INTENT TO DISTRIBUTE COCAINE

Percell Holland, 42, of Edgewood, Maryland was sentenced to 12 years of incarceration on July 11, 2023, for Possession of a Firearm in a Drug Trafficking Crime, Possession with Intent to Distribute Cocaine, and Illegal Possession of a Regulated Firearm following a guilty plea in the Circuit Court for Harford County.

On May 7, 2019, Senior Deputy Dean and members of the Harford County Sheriff’s Office’s Crime Suppression Unit were conducting surveillance of Holland and his residence in the 3100 block of Sweetbay Drive in Edgewood. Deputies observed what appeared to be drug transactions taking place at Edgewood Plaza and in the 2100 block of Pulaski Highway. Deputy First Class Ross conducted a traffic stop on Holland’s vehicle detecting the odor of marijuana. A search warrant was executed at Holland’s residence, and Deputy First Class Battee located a bookbag in a shed on the property with a loaded Keltec 9mm handgun, a loaded Taurus .40 caliber handgun, a loaded Smith & Wesson .40 caliber handgun, a digital scale, approximately five grams of cocaine, less than one gram of a heroin/fentanyl mixture, six suboxone strips, and two prescription bottles with Holland’s name. An unmarked pill bottle with 33 Xanax pills was found in the shed, and $4,205 in currency was located inside the residence where Holland stayed in the basement. Holland is prohibited from possessing regulated firearms due to a prior conviction for Fourth degree Burglary.

Pursuant to the plea agreement, Holland was sentenced by the Honorable Yolanda L. Curtin to a total of 40 years suspending all but 12 years to serve. The sentence structure gave Holland 20 years suspending all but 5 years for the Possession of a Firearm in a Drug Trafficking crime to be served without the possibility of parole, and a consecutive 20 years suspending all but 7 years for Possession with Intent to Distribute Cocaine. Holland was also sentenced to a 5-year concurrent sentence for illegal possession of a regulated firearm. The firearms and $4,205 were forfeited as part of the plea. Upon release, Holland will be on supervised probation.

Ms. Healey thanks Deputy State’s Attorney David Ryden and Assistant State’s Attorney Jason Allen for prosecuting the case. “Our office remains consistent in our message to drug dealers that we will not tolerate drug distribution in Harford County, and if you are caught spreading this poison in our communities, you will receive substantial incarceration. I especially thank Senior Deputy Dean, Deputies Ross and Battee, and the Crime Suppression Unit for their investigation to rid our community of these illegal guns and for their interruption of this drug activity as a result of their strong police work. Their seizure of these guns and dangerous drugs very well may have saved a life.”

Harford County State’s Attorney Establishes Body Worn Camera Unit

In 2021, legislation was passed through the Maryland Police Accountability Act, requiring all law enforcement officers in the State to wear and use Body Worn Camera devices to record their interactions while on duty. This legislation was designed to ensure accurate depictions of police encounters. The law was an unfunded mandate and placed an immense burden on the State’s Attorney’s Offices throughout Maryland. In just 2022 alone, the Office of the State’s Attorney for Harford County received nearly 12,000 hours of body worn camera footage. The footage from these body worn camera devices is evidence in all criminal and traffic cases, with the law requiring that the State’s Attorney’s Office watch and shield the footage to protect the privacy of the citizens being recorded. Failure to shield the footage prior to sending it to defense counsel through a requirement known as discovery, is a violation of the law and puts citizens and law enforcement officers at risk.

Prior to January 3, 2023, when Alison M. Healey was sworn in as Harford County State’s Attorney, the Office of the State’s Attorney for Harford County was not in compliance with the laws pertaining to Body Worn Camera footage, as unviewed, unshielded footage was regularly being disseminated. Over the last several months, Ms. Healey and her team have worked diligently to make immediate policy changes to ensure compliance with the law and the protection of our citizens’ privacy rights. Her team has worked countless hours viewing and shielding Body Worn Camera footage, often on nights and weekends, in addition to their already full-time assigned duties. Nearly every other county across the State had developed Body Worn Camera Units in their State’s Attorney’s Offices prior to 2023. It was clear that continuing to shoulder this immense burden without additional staff was unsustainable.

Ms. Healey made it an immediate priority to form Harford County’s first Body Worn Camera Unit and on July 5, 2023, the unit, consisting of six body worn camera technicians and one unit supervisor, reported for duty. Each of the six technicians will view, shield and send all of the body worn camera footage in criminal and traffic cases, viewing a minimum of 2000 minutes per week. The unit will ensure that everyone’s privacy rights are protected and that Harford County remains in compliance with the law. With additional law enforcement officers joining law enforcement agencies each year, it is expected that the amount of footage will only continue to grow.

Ms. Healey thanks her entire staff for their commitment and diligence over the last six months and stated that “it could not be more apparent how committed each and every one of our employees is to our mission, and the last six months has truly shown me how fortunate Harford County is to have such a dedicated team pursuing justice for all our citizens.” Ms. Healey also welcomes the new members of the Body Worn Camera Unit and looks forward to continuing to grow and shape the unit for the benefit of everyone that calls Harford County home.

PROHIBTED DRUG DEALER CONVICTED AND ILLEGAL FIREARM REMOVED FROM THE COMMUNITY

Jabreel Avion Samuels, 31, of Middle River, Maryland was sentenced to 12 years’ incarceration on June 26, 2023, for Illegal Possession of a Firearm and Possession with Intent to Distribute Cocaine following a guilty plea in the Circuit Court for Harford County.

On June 16, 2022, at 8:31 p.m., Deputy Dahler of the Harford County Sheriff’s Office observed a vehicle being operated by Samuels without a front license plate on Route 24 prior to Hanson Road in Edgewood. Deputy Dahler followed Samuels and requested additional Deputies believing Samuels was attempting to elude him. Samuels drove around another vehicle and side-swiped it while turning onto Rosewood Drive. Samuels then fled on foot throwing an object over the roof of a house in the 600 Block of Hornbeam Road. After a foot pursuit through woods and over a fence, Samuels initially complied by lying down on the ground and placing his hands behind his back before fleeing on foot again. Deputy Dahler grabbed Samuels’ shirt, and Samuels attempted to push him. Deputy Dahler tased Samuels and successfully placed him under arrest.

A loaded Polymer 80 “Ghost Gun” was located from a resident’s porch where Samuels threw the unknown object. In addition, Senior Deputy Sampson recovered approximately 9 grams of crack cocaine and packaging material from the vehicle Samuels abandoned.

Pursuant to a plea agreement, Samuels was sentenced by the Honorable Maurice W. Baldwin, Jr., to 15 years suspending all but 5 years on the Firearms count. The first 5 years of the sentence is mandatory and without the possibility of parole. Samuels was also sentenced to an additional consecutive 20 years suspending all but 7 years to serve on the drug count. The sentence is nearly double Samuels’ Maryland Sentencing Guidelines for those offenses.

State’s Attorney Alison M. Healey said following the plea: “Illegal possession of guns by those who are prohibited due to prior criminal convictions will always be a priority in my office, and we will always recommend significant sentences for those offenders. Deputy Dahler exemplified the value of pro-active policing in this case and is commended for pursuing a fleeing, armed subject. Mr. Samuels has previously been identified as a gang member and removing him from our community sends a strong message that these
criminals have no place in Harford County.”

Ms. Healey thanks Deputy State’s Attorney David W. Ryden for structuring a strong plea agreement in this case and Deputy Dahler for his work leading to Samuels’ arrest and the removal of an illegal firearm from a dangerous offender and the streets of our community.

JOPPA MAN PLEADS GUILTY TO ATTEMPTED FIRST DEGREE MURDER OF HCSO CORRECTIONAL DEPUTY

On June 22, 2023, Matthew Dwight Tingler, 37, of Elkton, Maryland pleaded guilty to one count of Attempted First Degree Murder in the Circuit Court for Harford County for his brutal attack of Corporal Michael Vesek in the Harford County Detention Center on November 20, 2022.

Evidence presented to the Honorable Judge Diane Adkins-Tobin revealed to following facts: On November 20, 2022, Corporal Michael Vesek, a Correctional Deputy at the Harford County Detention Center, was supervising Tingler while he placed a phone call in the counseling office at the facility. During the call, Tingler became enraged and used the telephone receiver to strike Corporal Vesek in the face. Tingler fought Corporal Vesek to the floor, and once on the ground, Tingler manually strangled Corporal Vesek and wrapped the phone cord around Corporal Vesek’s neck multiple times, using that cord to further strangle him. Tingler then continuously struck him in the face with the phone receiver, a tape dispenser, and a portable radio that Tingler removed from the desk during the attack. Corporal Vesek lost consciousness as a result of Tingler’s vicious conduct. Other Correctional Deputies heard Corporal Vesek yelling for help and responded, finding Tingler continuing to attack Corporal Vesek, who was motionless, semi-conscious, and bleeding profusely. Deputies immediately rendered assistance to the victim, unwrapping the cord that remained tightly wound around his neck. Corporal Vesek was transported to Johns Hopkins Bayview for treatment. In an interview following the incident, Tingler stated that he became upset while on the phone because he believed his fiancé was with another man.

State’s Attorney Alison Healey and Assistant State’s Attorney Megan Lintott negotiated this guilty plea, which includes the agreement that the State will recommend the maximum sentence of life in prison, and the Defense may not argue for anything less than thirty years of incarceration. Pursuant to this plea agreement, the Court may not impose a sentence of less than thirty years of incarceration and may impose up to the maximum sentence of life in prison. Sentencing is scheduled for August 10, 2023 following the completion of a Pre-Sentencing Investigation report and a Psychological Evaluation.

Following the plea, State’s Attorney Healey stated, “I commend Corporal Vesek for his bravery in both enduring this brutal attack and for his willingness to testify in this trial, which he was fully prepared to do in the coming days, as we were scheduled to select the jury for trial today. I also thank him for his nearly 25 years of service to Harford County as a Correctional Deputy. Justice was served today as this conviction guarantees that this incredibly violent criminal will not walk free in the streets of our community for a long time to come. My office will not tolerate violent crime of any kind, but the attempt to take the life of one of our Correctional Deputies, is particularly egregious and deserves the maximum penalties allowed by law. We will argue for not a day less than a life sentence on August 10th.”

Ms. Healey thanks Assistant State’s Attorney Megan Lintott for her assistance in preparing this case for trial. She also thanks the many Correctional Deputies who responded to this crime scene for their rapid response to render lifesaving aid to Corporal Vesek and preserve the evidence in this case. Finally, she commends the Harford County Sheriff’s Office patrol deputies who responded and Detectives Pilachowski and Wilsynski of the Criminal Investigations Division for securing the evidence required to ensure a conviction.

ABDERDEEN WOMAN CONVICTED OF MULTIPLE ASSAULT OF CHARGES

Ieshia Smiley, 40, of Aberdeen, Maryland was convicted on April 18, 2023 of First Degree Assault, Second Degree Assault, and Conspiracy to Commit First Degree Assault following a two-day jury trial in the Circuit Court for Harford County. The case originated following a report of a stabbing that occurred in the Unit Block of N. Philadelphia Boulevard in Aberdeen, Maryland on October 27, 2022.

Evidence at trial before the Honorable Judge M. Elizabeth Bowen established that officers from the Aberdeen Police Department were dispatched to the Exxon at 7 N. Philadelphia Boulevard at approximately 5:38 p.m. Officers initially met with Smiley and a co-defendant who acknowledged being in a fight with the victim. Witnesses at trial testified that Smiley and the co-defendant approached the victim as she was leaving the Exxon and confronted the victim about $10. Smiley and the co-defendant then began to attack the victim using a knife and, what were believed to be, brass knuckles. The victim was believed to be stabbed in the head two times suffering lacerations to her head, a contusion to her forehead, and the loss of three teeth.

A portion of the incident was captured on Exxon’s video surveillance system and was introduced at trial. Three knives were recovered at the scene, with one being located near Smiley and the co-defendant, which had a strand of hair on it that was the same color as the victim’s.

Smiley is being held without bail pending sentencing. The sentencing hearing is scheduled for May 26, 2023. Smiley faces up to twenty five years of incarceration for First Degree Assault and twenty five years of incarceration for Conspiracy to Commit First Degree Assault. The Second Degree Assault conviction will merge into First Degree Assault for purposes of sentencing. Smiley also faces a Violation of Probation for an unrelated First Degree Assault.

State’s Attorney Alison M. Healey said after the jury’s verdict: “The permanent injuries the victim sustained during this violent crime are deplorable, and in Harford County, we will not tolerate injuries of any kind being perpetrated upon our citizens, and especially not injuries of this magnitude. My office continues to demonstrate that we are aggressively pursuing violent offenders to remove them from our community. I commend the victim in this case for her courage to stand up against a Defendant who committed a horrific crime against her by providing compelling testimony that was supported by the independent evidence, resulting in this significant verdict.”

Ms. Healey thanks Deputy State’s Attorney David W. Ryden for his hard work and pursuit of justice for the victim in this case. In addition, she thanks Officer Epps, Corporal Hoffman, and Detective Soto from the Aberdeen Police Department for rapidly responding to render aid to the victim and for securing evidence during their investigation leading to Smiley’s arrest and conviction.

MIDDLE RIVER MAN CONVICTED OF THIRD-DEGREE SEX OFFENSE AND SEXUAL ABUSE OF A MINOR

On April 4, 2023, Marvin Scriven, 51, of Middle River, Maryland was convicted of Third-Degree Sexual Offense and Sexual Abuse of a Minor following a two-day jury trial, in the Circuit Court for Harford County. The charges are a result of an investigation by the Harford County Sheriff’s Office, which revealed that Scriven sexually assaulted a twelve (12) year old minor female victim.

Evidence presented at trial before the Honorable Elizabeth Bowen established that the victim was found by her mother and sister in the basement of an Edgewood residence on September 25, 2019, visibly upset and crying. The victim disclosed that while watching a movie with Scriven and her sister, Scriven adjusted himself in such a way that his penis became visible to the victim from the bottom of his basketball shorts. The victim further disclosed that on three occasions, Scriven pulled her hand towards his penis, forcing her to touch it, despite her attempts to pull her hand away. During the investigation, Scriven gave multiple inconsistent statements to the police when describing what had occurred between him and the victim.

Upon conviction, Special Victims Unit Chief, Assistant State’s Attorney Christopher Smith, requested that Judge Bowen revoke Scriven’s bond and hold him at the Harford County Detention Center pending sentencing. The request was granted, and he is currently being held at the Harford County Detention Center without bail. Scriven faces up to ten years for the count of Third-Degree Sex Offense and twenty-five years for the count of Sexual Abuse of a Minor. Sentencing is scheduled for September 5, 2023.

Following the trial, State’s Attorney Alison M. Healey commented, “Today justice was served in a case involving one of our most vulnerable victims, a child. This type of predatory behavior has no place in our county and community. Sexual predators will always be prosecuted to the fullest extent of the law under my administration. I commend this child for her immense bravery in testifying in open court to hold her abuser accountable for his criminal acts.”

Ms. Healey thanks Assistant State’s Attorney Christopher Smith and the State’s Attorney’s Office Special Victims Unit for their compassion in walking this victim through the court process and for their diligence in preparing and presenting this case at trial. In addition, she thanks Detective Skica, Deputy Becker, Deputy Tatum, Deputy Zimmerman, Deputy Reese, and Deputy Van Helten for their thorough investigation leading to the arrest and conviction of this sexual offender.

ABERDEEN MAN CONVICTED OF VOLUNTARY MANSLAUGHTER AND CARRYING A CONCEALED DANGEROUS WEAPON

Frank George Hudson, III, 21, of Aberdeen, Maryland was convicted on April 3, 2023 of Voluntary Manslaughter and Carrying a Concealed Dangerous Weapon, following a five-day jury trial in the Circuit Court for Harford County. The case originated following an investigation by the Harford County Sheriff’s Office in the stabbing death of 17-year-old Christopher Kerfoot near his home in the 1200 block of Agora Drive in Bel Air, Maryland, on July 8, 2021.

Evidence presented at trial before the Honorable Diane Adkins-Tobin established that the victim’s brother was awakened shortly before 5:00 a.m. at their residence in the 1200 block of Athens Court. Christopher Kerfoot had suffered stab wounds to his upper torso, and he was able to tell his brother prior to dying that “Frank did it.” The investigation identified Hudson as the suspect, known to both the victim and his brother. Hudson was arrested at his residence in the 1400 block of Pannell Drive that evening, where a knife was located in a nearby dumpster.

Following his arrest, Hudson was interviewed by Harford County Sheriff’s Office investigators and stated that he believed he was meeting a juvenile female with whom he was communicating via SnapChat. Hudson testified in his own defense that the victim approached him, instead of the female, and a physical altercation took place inside and outside of his vehicle. The victim was stabbed three times and bitten on the upper left arm. The victim left the area on foot, arriving at his residence nearby where he succumbed to his injuries.

Forensic evidence determined that the victim’s DNA was found on Hudson’s driver’s side door, and Hudson’s DNA was found on the knife recovered near his residence. A digital forensic analysis of the victim’s phone revealed that it had been recently used to message Hudson using the female’s name to arrange the meeting at that location.

After the verdict, Assistant State’s Attorney Jeremy Brooks requested Judge Adkins-Tobin to continue to hold Hudson at the Harford County Detention Center without bail. Hudson faces up to ten years of incarceration for Voluntary Manslaughter and an additional three years for the conviction regarding the weapon. Judge Adkins-Tobin ordered that a Pre-Sentence Investigation and a psychological evaluation be conducted on Hudson for consideration during sentencing and stated that sentencing will be scheduled in approximately six weeks.

State’s Attorney Alison M. Healey said after the jury’s verdict: “Nothing can bring Christopher Kerfoot back, but today’s verdict is justice for Christopher and for his family that was present for the entire trial. This was a difficult case to try without eyewitnesses, but my office will always vigorously pursue truth and justice with the use of the physical evidence. I commend our prosecutors and staff in this case for preparing this case for trial so quickly after having it reassigned to them following the beginning of my term in office in January. It demonstrates their skill, work ethic, and tenacity.”

Ms. Healey thanks Assistant State’s Attorney Jeremy B. Brooks and Deputy State’s Attorney David W. Ryden for their advocacy and their care and attention to the victim’s family in this case. In addition, she thanks Deputy First Class Tatum, Detective Smith, and Detective Pilachowski, for their roles in attempting life-saving measures for the victim, swiftly identifying a suspect, and conducting a thorough investigation leading to Hudson’s arrest and conviction.

State’s Attorney Healey releases prosecutorial determination relating to the April 23, 2022 police-involved shooting death in Harford County, Maryland

Pursuant to current Maryland law regarding police-involved shooting deaths, an investigation must be conducted by the Office of the Attorney General, Independent Investigations Division, and a report of their investigative findings shall be issued and sent to the Office of the State’s Attorney for the county in which the incident occurred. After the State’s Attorney receives that report, they are obligated to review said report and are also able to review all evidence in the case to make a determination as to whether any prosecution shall occur as a result of the incident.

On April 23, 2022, a police-involved shooting death of John Fauver occurred in Forest Hill, Maryland involving two law enforcement officers from the Harford County Sheriff’s Office. In accordance with the Maryland law, the Office of the Attorney General’s Independent Investigations Division issued their report to the Office of the State’s Attorney for Harford County on November 23, 2022, prior to Alison M. Healey taking office as State’s Attorney for Harford County. The prior State’s Attorney for Harford County had issued a declination of prosecution letter related to this incident on June 29, 2022. However, that declination letter was noncompliant with the law, as it was issued prior to the completion of the Independent Investigations Division investigation and issuance of their report. In addition, no additional action was taken by the prior administration in response to the November 23, 2022 report from the Independent Investigations Division once it was received. As a result, Ms. Healey was obligated by law to formally make a prosecutorial determination in this matter, as it was still outstanding when she took office on January 3, 2023.

As she does in all cases, Ms. Healey spent a significant amount of time reviewing the evidence in this case, the applicable statutes and case law, as well as relevant and potential defenses in the case to make a determination. That review was completed on March 27, 2023, resulting in Ms. Healey issuing a letter to the Office of the Attorney General, Independent Investigations Division indicating that she declines prosecution related to this incident, and she is releasing that declination letter to the public at this time. Ms. Healey further stated, “While the death of any of our county residents is tragic, and I am very sorry for the loss of Mr. Fauver’s life, the evidence in this case does not support criminal prosecution.” Ms. Healey is committed, as promised, to full transparency and always keeping Harford County citizens fully informed, as well as to ensure the safety of all who live here.

Ms. Healey’s letter is included below:

Dear Ms. Mulhauser:

I have thoroughly reviewed the information which you provided to my office regarding the above­ referenced investigation as well as additional body-worn camera and in-car video footage. At this time, I am declining prosecution in the matter of the police-involved shooting death of John Fauver as it relates to both Corporal Christopher Maddox and Sergeant Bradford Sives.

While the Independent Investigations Division Report (hereinafter “IID Report”) provided to my office was extensive, the description of the events leading up to the police-involved shooting in this matter seem to be generally and purposefully vague. Due to descriptions in the IID Report being overly broad, they do not thoroughly and clearly illustrate what actually transpired in this matter. Most relevant to my declination of prosecution in this matter are the following facts as depicted in body-worn camera and in-car video footage.

When Harford County Sheriffs Office members initially make contact with Mr. Fauver, they have received information from Mr. Fauver’s wife that she believes there may be two rifles in the vehicle. That information was broadcast over the radio to law enforcement and is stated numerous times throughout the interaction with Mr. Fauver in this matter. They finally locate Mr. Fauver near Chopstix Restaurant on Rock Spring Road in Forest Hill, Maryland.

During this “initial encounter,” as it is called in the IID Report, Mr. Fauver is told to put his hands up and open the door. Not only does Mr. Fauver fail to comply with that order, after some verbal exchange, he responds by driving directly at Sergeant Sives with his vehicle at a high rate of speed jumping the median behind where Sergeant Sives was standing, thereby using the vehicle as a dangerous and deadly weapon. The single and only reason Mr. Fauver did not strike Sergeant Sives with his vehicle was because Sergeant Sives was able to jump out of the way, causing him to fall and land in the bushes of that very same median. They then are able to detain Mr. Fauver within the parking lot and have surrounded him. Once he is confined to that location, various members of the Harford County Sheriffs Office are consistently speaking with Mr. Fauver trying to bring the situation to a peaceful conclusion through various means. Officers on scene are speaking to him, and FaceTime calls are made to him. During one of the FaceTime calls, he tells law enforcement more than once to “get your snipers” and also when asked whether the item Deputy First Class Sullivan viewed in the vehicle via FaceTime was a cane or a rifle, Mr. Fauver answers, “AR-15 hollow point. Ready to go, brother.” Mr. Fauver is continuously ignoring commands to show his hands and fluctuates multiple times from being in a place where officers can see his hands to reaching back in the vehicle where they cannot. Members of the Harford County Sheriffs Office withhold discharge of their weapons several times when they have adequate time to confirm the item in Mr. Fauver’s hand is a cane. Sergeant Sives and other law enforcement then hear Mr. Fauver saying goodbye on the phone, and such is noted in the report. While it is accurate that seconds before firing, Sergeant Sives stated “It’s a cane, it’s a cane,” the report fails to properly articulate that after Sergeant Sives makes that statement, Mr. Fauver goes back behind the door of the vehicle appearing to be reaching into the car and grabbing something and then reemerging quickly. The report definitely lacks clarity as to Mr. Fauver’s next action. The IID Report describes Mr. Fauver as “holding something in his hands with his arms raised and his left foot positioned in front of him.” I find this description to be very misleading. When Mr. Fauver reemerged from behind the vehicle door, Mr. Fauver immediately and quickly took a shooter’s stance and raised a long item in the exact manner in which you would hold a rifle or shotgun and pointed it in the direction in which the officers who discharged their weapons were located. Mr. Fauver then quickly turns toward the vehicle and resumes a shooter’s stance a second time. All of this occurs within a period of less than two seconds. It is only after these actions by Mr. Fauver that Corporal Christopher Maddox and Sergeant Bradford Sives discharged their firearms.

My review of all of the facts and evidence, the applicable statutes and case law, and relevant and potential defenses in this matter forms the basis for my decision to decline to prosecute this matter.

Respectfully

Alison M. Healey, Esq.
State’s Attorney for Harford County

FALLSTON MAN CONVICTED OF SECOND DEGREE RAPE

Garry Lamonte Pendleton, 52, of Fallston, Maryland was convicted of two counts of second-degree rape, false imprisonment, reckless endangerment, and two counts of second-degree assault, following a three-day jury trial on March 13, 2023, in the Circuit Court for Harford County. The charges are the result of an investigation by the Harford County Sheriff’s Office that Pendleton sexually assaulted an adult female victim in Fallston on July 8, 2022.

The victim testified at trial before the Honorable Kevin J. Mahoney that she sought a protective order against Pendleton on July 11, 2022, after Pendleton sexually assaulted her on July 8, 2022. The Sheriff’s Office investigated the complaint and determined that Pendleton initially threatened her with a firearm while inside of a vehicle parked at the Maryland State Police Bel Air Barracks. The victim was able to deescalate the situation but felt like she had no choice but to go back to her residence with him. While at the residence, the victim testified that Pendleton forced vaginal and anal sex on her. Several firearms, including a handgun registered to Pendleton, were located during a search of the residence by the Sheriff’s Office on July 13, 2022.

Assistant State’s Attorney Joel Muneses requested Judge Mahoney continue to hold Pendleton at the Harford County Detention Center without bail following the conviction. Pendleton faces up to twenty years’ incarceration for each count of second-degree rape, ten years for each count of second-degree assault, five years for reckless endangerment, and anything that is not cruel and unusual punishment for false imprisonment. Sentencing is scheduled for July 18, 2023.

State’s Attorney Alison M. Healey said after the jury’s verdict: “In just over two short months since I took office, this is the third sexual assault case that our office has taken to trial and received convictions. Yet another victim trusted our team of dedicated prosecutors and support staff to seek justice on their behalf. We will continue to work hard to serve victims and the citizens of Harford County by removing these violent predators from the community.”

Ms. Healey thanks Assistant State’s Attorney Joel Muneses for his hard work and advocacy in this matter and the Special Victims Unit of the State’s Attorney’s Office for their supportive role in preparing the case for trial. In addition, she thanks DFC Kacher and Det. DeFazio for their investigation leading to the arrest and conviction of a dangerous sexual offender.