Tag Archives: gun

JURY CONVICTS EDGEWOOD MAN OF ATTEMPTED SECOND DEGREE MURDER IN HARFORD MALL SHOOTING

DATE: December 11, 2024
RE: State v. Wesley Larry Lyons Jr.

On Wednesday, December 11, 2024, Wesley Larry Lyons Jr. was found guilty of Attempted Second Degree Murder, Use of a Firearm in the Commission of a Crime of Violence, two (2) counts of Illegal Possession of a Regulated Firearm After Being Convicted of a Disqualifying Crime, Loaded Handgun on Person, and five (5) counts of Reckless Endangerment following a four-day jury trial before the Honorable Diane Adkins-Tobin in the Circuit Court for Harford County.

Evidence presented in trial proved that on Sunday, June 2, 2024 at approximately 4:00 p.m., Bel Air Police Officers were dispatched to the Harford Bounce Party Place located at 698 Bel Air Road, in the Harford Mall, for the report of a shooting with an injured person. It was reported that the suspect in the shooting had already fled the scene, running out of the mall.

Officers were able to develop information on the suspect quickly from numerous victims and witnesses on scene. Officers were also able to review security footage of the shooting. The video showed a group of individuals arguing and fighting when the suspect produced a handgun from his waist area, which appeared to have an extended magazine. The suspect fired several shots at the victim who was trying to break up the altercation. The victim was struck by one bullet in his upper left thigh, one bullet in his groin, and one in his finger. It was discovered that the victim was there helping set up for a one-year-old’s birthday party. The child’s father, Wesley Larry Lyons Jr, was identified as the shooter. A fight broke out between Lyons’ mother and the mother of the one-year-old. Lyons took several seconds to clear a path before firing the gun five times at the victim. Lyons then put the gun in his waist band and fled the mall, running past several people.

Surveillance footage showed that at the time the victim was shot, two additional adults and two children were standing behind the victim, recklessly endangering them by putting them at risk of being shot. It was learned during the investigation that Lyons was prohibited from possessing a firearm due to a 2017 conviction for Possession with the Intent to Distribute and a 2009 conviction for Robbery.

Police were unable to apprehend Lyons on the day of the shooting. After a 28-day manhunt, Lyons was found in a Red Roof Inn in Anne Arundel County where he was arrested and transported back to Harford County Detention Center. Following the verdict, Lyons was returned to the custody of the Harford County Detention Center where he will be held pending sentencing. Sentencing has been scheduled in this matter for February 13, 2025.

Following the conviction, State’s Attorney Alison M. Healey stated: “It is despicable that anyone would resort to gun violence to resolve their issues. However, I am particularly appalled by Wesley Lyons and the decision he made to commit this heinous and very violent crime at the birthday party for a one-year-old child. This is further exacerbated by the fact that he did so in the presence of multiple other children and adults as well, placing them all in danger, when they were simply trying to engage in a celebration for a child in a bouncy house in as public of a place as the Harford Mall. As a prohibited person, he showed his complete disregard for the law as well as for the lives of those around him. Harford County will be a safer place with him incarcerated for decades to come.”

State’s Attorney Healey further expressed thanks to Assistant State’s Attorneys Vincenzo Culotta and Frank Van Dyke for their efforts in prosecuting this case and securing these felony convictions of this violent offender. She also expresses her gratitude to Bel Air Police Department Detectives Vivino and Marchesani and Harford County Sheriff’s Office Detective Wilsynski for their thorough investigation, as well as the Harford County Sheriff’s Office Warrant Apprehension Unit for their perseverance that ultimately led to the defendant’s capture.

CONVICTED FELON FOUND GUILTY IN FIREARM POSSESSION CASE

DATE: December 6, 2024
RE: State v. John Thomas Preston Jr.

On Thursday, December 5, 2024, John Thomas Preston Jr. was found guilty of Felon in Possession of a Firearm, Felon in Possession of a Rifle/Shotgun, False Statement to a Police Officer, and multiple related firearms and ammunition offenses following a three-day jury trial before the Honorable Diane Adkins-Tobin in the Harford County Circuit Court.

Evidence presented in trial proved that on January 10, 2023, Deputies with the Harford County Sheriff’s Office responded to a residence in Bel Air, Maryland for reports of a shooting. Deputies made contact with the Defendant, John Thomas Preston Jr., who was suffering from a gunshot entry wound on his left thigh and a gunshot exit wound on his left shin. Deputies recovered a bullet in Preston’s sock. Preston told deputies that he was arriving home after being followed by a vehicle and was ultimately shot upon exiting his vehicle. Preston was unable to provide any identifying information for the vehicle or the alleged shooter and told police multiple conflicting versions of the incident. A shell casing and blood was located near an exterior side entrance of his residence. Through the course of their investigation, detectives began to suspect Preston made up this story to cover up accidentally shooting himself in the leg.

Detectives ran a criminal background check for Preston and learned that he was prohibited from possessing a regulated firearm due to prior felony convictions for Possession with the Intent to Distribute Controlled Dangerous Substances. Detectives executed a search warrant for Preston’s residence. During that search warrant, they recovered a short-barreled shotgun with an obliterated serial number, and a shell casing matching the one found on the exterior of the residence was also located in Preston’s bedroom. A Rossi .357 revolver and .45 caliber ammunition were also recovered from the residence.

Following the conviction, State’s Attorney Alison M. Healey offered the following comment: “I will always be a strong advocate for responsible, legal gun ownership, but when a convicted felon blatantly ignores the restrictions imposed upon him by the law and diverts law enforcement resources into knowingly false investigations, it puts our community at risk. I commend this jury for seeing through the Defendant’s false statements and finding him guilty of these offenses.”

State’s Attorney Healey further expressed thanks to Assistant State’s Attorney Gabriella Vazzana for her efforts in securing these firearm and related convictions and to Harford County Sheriff’s Office Deputies Tabler and Vasquez and Detectives Sergent and Reynolds for their thorough investigation of this case. Further gratitude goes to Harford County Sheriff’s Office Corporal Ghaner and Maryland State Police Firearms Examiner Houser for their expert firearm testimony that was instrumental in securing these convictions.

EDGEWOOD MAN RECEIVES MAXIMUM SENTENCE FOR SECOND DEGREE MURDER

DATE: August 9, 2024
RE: UPDATE – Sentencing in State v Alton William Cumbo Jr.

On August 8, 2024, Alton William Cumbo Jr., 30, of Edgewood was sentenced by the Honorable Diane Adkins-Tobin following his February 2024 convictions for Second Degree Murder, Use of a Firearm in a Crime of Violence, and Illegal Possession of a Regulated Firearm by a Prohibited Person with a Felony Conviction. During sentencing, the State argued for, and the Judge imposed, the maximum possible sentence of seventy-five (75) years to serve, twenty (20) years of which are without the possibility of parole. This sentence is an upward deviation from the Maryland Sentencing Guidelines, which were calculated to be twenty-five (25) to forty (40) years to serve.

During his sentencing, considering the Defendant’s criminal history and the facts of this case, Judge Adkins-Tobin noted that he was not a candidate for rehabilitation, as nothing the Court could do would deter him from further criminal behavior, and therefore, a sentence had to be crafted that would protect the community from this person who is a threat and a danger.

During the same appearance in court, Judge Adkins-Tobin also sentenced Cumbo on a Violation of Probation stemming from convictions for Second Degree Assault and Theft Under $100 in 2014. On the Violation of Probation, the Defendant received a sentence of seven years and six months to serve, just one month shy of the maximum sentence he could have received in that case.

The sentence in the Second Degree Murder case and the sentence in the Violation of Probation case were ordered to be served consecutively to each other for a total of eighty-two (82) years and six (6) months. These sentences were also ordered to be served consecutively to any outstanding unserved sentences both in Harford County and other jurisdictions.

Following the sentencing hearing State’s Attorney Alison Healey issued the following statement, “I am incredibly proud of the tremendous work by Assistant State’s Attorney Jason Allen to ensure this maximum sentence today. As stated by the Court, Alton Cumbo is not a candidate for rehabilitation or someone that will be deterred from future criminal behaviors. His criminal conduct tragically took the life of a Harford County citizen, and that simply will not be tolerated. My office will continue to pursue aggressive and above guidelines sentences for anyone who commits acts of violence in our community. Today, I hope the victim’s family can be at peace and feel as though justice was served in knowing that the person responsible for their terrible loss will likely spend the rest of his life behind bars.”

State’s Attorney Healey also thanks Detective Moro and Harford County Sheriff’s Office for their efforts that led to this successful prosecution. She also expresses gratitude to the Federal Bureau of Investigation and the Office of the State Medical Examiner for their cooperation in furthering this investigation. Finally, she acknowledges the emergency responders that responded to the scene and made every effort to save the life of this victim.

ABINGDON MAN CONVICTED OF ATTEMPTED FIRST DEGREE MURDER

DATE: August 7, 2024
RE: State v Charles Alfred Webster Jr.

On Monday, July 29, 2024, Charles Alfred Webster Jr., 50, of Abingdon, was found guilty Attempted First Degree Murder, First Degree Assault, Use of a Firearm in the Commission of a Crime of Violence, Illegal Possession of a Firearm by a Prohibited Person with a Felony Conviction, Reckless Endangerment, and Loaded Handgun in Vehicle, following a three-day jury trial before the Honorable Kevin J. Mahoney in the Circuit Court of Harford County.

Facts presented during trial showed that on Wednesday, June 21, 2023, at approximately 9:30 a.m., the victim in this case was completing her Amazon Flex delivery route for the day in the Woodsdale apartment complex in Abingdon, Maryland. While driving out of the complex on Waldon Road, a black Audi sedan with no registration plates pulled alongside the victim’s driver’s side window with its windows down. Thinking the person was asking directions, the victim lowered her driver’s window. Without a word, the driver of the Audi then raised his arm, holding a black handgun, and aimed it at the victim’s face. She quickly stomped on the gas pedal as she heard a single shot ring out. Ducking down near her dashboard while holding the gas pedal down, the victim fled the area, ultimately arriving at Wawa on Woodsdale Road where she called 911 for help.

Deputies from the Harford County Sheriff’s Office responded to the call, observing a bullet hole entering through the victim’s rear driver’s side window and exiting through her rear passenger side window. As deputies were relaying identifying information regarding the suspect’s Audi sedan, the vehicle was observed driving northbound on Route 924 near Ring Factory Elementary. A traffic stop was conducted, and the victim was transported to the scene where she was able to positively identify the driver as the man that shot at her. The defendant, Charles Alfred Webster, Jr., was identified as the driver of the Audi and taken into custody without incident. At the time of his arrest, in plain view on the driver’s seat, was a spent 9mm ammunition casing. The Harford County Sheriff’s Office Forensic Services Unit conducted a further lawful search of the defendant’s vehicle and apartment, which revealed a firearm purchase box for a Springfield Armory 9mm handgun on the nightstand in the master bedroom. It was also determined that the defendant was prohibited from lawfully possessing a firearm pursuant to his 1998 felony conviction for Assault in the First Degree in Delaware.

Following the conviction, State’s Attorney Alison M. Healey commented, “This was truly a senseless act of violence, as the defendant and the victim were not known to each other prior to the day of this incident. This victim showed tremendous bravery by facing her attacker in court and testifying to ensure his conviction in this case. I hope that she can find some peace in knowing that justice was served and that this person will never be a threat to her again.”

State’s Attorney Healey thanks Deputy State’s Attorney Trenna Manners for her hard work and advocacy in securing this conviction. She also extends her gratitude to Detective Maddox, Lieutenant Burgess, and all of the members of the Harford County Sheriff’s Office that assisted in the investigation and swift apprehension of this Defendant.

GANG MEMBER CONVICTED OF MULTIPLE COUNTS OF ATTEMPTED MURDER FOLLOWING SIX-DAY TRIAL

DATE: August 2, 2024
RE: State v Nigel Pearson

On Thursday, July 25, 2024, Nigel Isaiah Pearson, 22, of Aberdeen, was convicted of two counts of Attempted First Degree Murder, Four Counts of First Degree Assault, Four Counts of Use of a Firearm in a Crime of Violence, Four Counts of Reckless Endangerment, One Count of Handgun in Vehicle, One Count of Loaded Handgun in Vehicle, One Count of Handgun on Person, and One Count of Illegal Possession of a Firearm by a Minor following a six-day bench trial before the Honorable Paul W. Ishak in the Circuit Court for Harford County.

Through the testimony of twenty-one witnesses, including members of the Harford County Sheriff’s Office, the Aberdeen Police Department, and three experts, the evidence presented in trial showed that on November 16, 2022, Nigel Pearson, along with additional members of the “Rollin’ 20’s” gang, drove in two separate vehicles to 302 Stevens Circle in Aberdeen with the intent to shoot and kill members of the “Choppa Boys” gang. Evidence also showed that the motive behind the shooting was that rival gang members had posted a rap video on YouTube just a few days prior. Once at Stevens Circle, Nigel Pearson, along with others, mercilessly shot at a group of four teenage victims who were actively changing a tire in the parking lot and then drove away. Two out of the four teenagers were struck by gunfire: one in the chest and one in the head. Due to the quick response of First Responders, both victims survived. The following day, Pearson then drove his vehicle to a secluded location in the woods in Peach Bottom, Pennsylvania and burned the vehicle, which was used during the shooting. The vehicle was later discovered by Pennsylvania State Police who began an investigation into Pearson.

Sentencing is set for October 25, 2024, before the Honorable Paul W. Ishak. Following the verdict, State’s Attorney Healey issued the following statement: “Gang activity produces some of the most violent cases we see as prosecutors. This defendant, having no regard for the lives of others, made a conscious decision to take and endanger the lives of other human beings for no reason other than his gang affiliation. We will relentlessly pursue justice in cases such as this one to deter others from engaging in similar conduct. Our community is safer with Nigel Pearson behind bars. My office will seek to ensure that he is never a danger to our citizens again. I commend the victim for her bravery in testifying during trial and for all that she has had to overcome as a result of this defendant’s actions.”

State’s Attorney Healey further thanks Detective Shoffstall, Detective Soto, Detective Garrett, Detective Lightner, and Lieutenant Persuhn for their hard work investigating this case. She also commends Assistant State’s Attorney Rebecca A. Malkowski and Deputy State’s Attorney David W. Ryden for their incredible efforts in securing these convictions.

EDGEWOOD MAN FOUND GUILTY OF POSSESSION WITH INTENT TO DISTRIBUTE AND FIREARMS CHARGES FOLLOWING A THREE-DAY JURY TRIAL

ANOTHER STRONG SENTENCE FOR A VIOLENT FELONY CONVICTION: 70 YEARS TO SERVE

On Tuesday, March 5, 2024, Gary Dashon Davenport, 44, of Edgewood, was found guilty of First Degree Assault, Second Degree Assault, Illegal Possession of a Firearm By a Person with a Felony Conviction, Use of a Firearm in the Commission of a Crime of Violence, Wearing, Carrying, or Transporting a Handgun on a Person, and Transporting a Handgun in a Vehicle following a two-day jury trial before the Honorable Yolanda Curtin.

Evidence presented in trial showed that on August 11, 2023, officers of the Aberdeen Police Department responded to Horizon Cinemas for reports of an assault with a weapon. Upon arrival, officers learned that a red Kia arrived at the movie theater and entered the parking lot at a high rate of speed. Gary Dashon Davenport was in the passenger seat of that vehicle. Officers reviewed surveillance footage from the Horizon Cinema and Aberdeen Marketplace, which showed Davenport and another individual exiting the vehicle, running into the theater, and chasing after a group of juveniles. Upon exiting the theater, Davenport was observed removing a firearm from a black satchel, holding it down by his side and hunting the juveniles through the parking lot. Davenport’s accomplice re-entered the Kia, weaving throughout the parking lot directly towards the fleeing juveniles. Eventually, Davenport re-entered the Kia and continued to chase the juveniles to the rear of Aberdeen Marketplace and into the parking lot of Aberdeen Proving Ground Federal Credit Union where witnesses heard a gunshot. Officers of the Aberdeen Police Department were able to recover one .40 cal. shell casing at the entrance to the APGFCU parking lot where the red Kia entered. Surveillance footage showed the juveniles reacting to the gunshot and running in the opposite direction with one juvenile hiding behind an electrical box for cover. Det. Soto of the Aberdeen Police Department Criminal Investigation Division investigated the matter and was able to identify Davenport as the individual who chased the juveniles with the handgun. Additionally, a Search and Seizure warrant was executed, and clothing matching what Davenport was wearing on the night of the offense was recovered. Evidence presented also showed that Gary Dashon Davenport is prohibited from possessing firearms due to his previous conviction for Second Degree Murder in 2008. At the time of this incident, Davenport was on parole for that offense after being released from custody in 2022.

At the sentencing hearing on Thursday, March 7, 2024, Assistant State’s Attorney Jeremy Brooks argued for the maximum sentence in this case, which is an upward deviation from the 10 to 15 year sentence calculated by the Maryland Automated Sentencing Guidelines. Mr. Brooks further argued that the court needed to send a strong message that “shows the citizens of Harford County that violence against children will not be tolerated.” He added that given the nature of this offense, as well as the prior violent felony conviction, the upward deviation in sentencing was appropriate.
Ultimately, Davenport was sentenced by the Honorable Yolanda Curtin to the maximum penalty allowable by law – 60 years to serve, with the first 20 years being mandatory and without the possibility of parole. In addition, as a result of the conviction in this case, Davenport was also found in violation of probation in the 2008 Second Degree Murder case. At the request of Assistant State’s Attorney Vincenzo Culotta, the court further imposed the remaining 10 years of that sentence as a result of the violation and ordered that it be served consecutively to the sentence in this case, for a total sentence of 70 years to serve. Davenport’s accomplice has also been charged and is pending trial in this matter. The trial is scheduled for later this year.

Following the sentencing, State’s Attorney Alison M. Healey issued the following statement: “From an evidentiary standpoint, this case was challenging, but as our office has proven repeatedly, we will not shy away from bringing tough cases to trial, and we will do so successfully. Justice prevailed when the jury returned guilty verdicts in this case, and our citizens are safer for it. The citizens of this county should be free to take their children to the movies without the threat of gunfire and without any fear for their safety. This kind of violent criminal behavior that puts innocent people at risk will not be tolerated in our community. I commend Assistant State’s Attorney Jeremy Brooks and Assistant State’s Attorney Vincenzo Culotta for their incredibly hard work in this case to ensure that this Defendant, who already has a history of extreme violence, is incarcerated for the maximum time allowable by law.”

State’s Attorney Healey continued by expressing her gratitude to Detective Soto, Officer Kinlaw, and the other members of the Aberdeen Police Department that worked tirelessly to investigate this case and to ensure that those responsible were charged and held accountable.

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.

Abingdon Man Convicted of Felony Narcotics and Firearm Charges

MEDIA RELEASE

DATE: October 21, 2021
RE: Conviction of Brandon Winkler

(Bel Air, Maryland) – Albert J. Peisinger, Jr., State’s Attorney for Harford County, has announced the conviction of Brandon Winkler, 20, of Abingdon, Maryland, for possession with the intent to distribute oxycodone and possession of a firearm in connection with a drug trafficking crime.

On April 9, 2021, a Deputy from the Harford County Sheriff’s Office was on routine patrol in Edgewood when he observed multiple traffic violations by a vehicle operated by Brandon Winkler. Upon stopping the vehicle, the Deputy detected a strong odor of marijuana emanating from the car. The deputy, while speaking with Winkler at the driver’s side window, observed two large zip lock bags containing marijuana. A subsequent search of the vehicle revealed a variety of other illegal narcotics, approximately $1,773.00, a Tazer stun gun and a Bersa Piccola 95 .380 handgun. On that same day, members of the Harford County Narcotics Task Force executed a search warrant at Winkler’s residence in Abingdon, whereupon detectives found and seized various illegal narcotics including oxycodone, which was packaged for street level distribution. Detectives additionally found more firearms, including a Ruger MK II pistol, the barrel of which was threaded, a silencer that appeared to fit this weapon, ammunition and $2,007.00 hidden under the mattress in the Defendant’s bedroom.

On October 19, 2021, the Honorable Diane Adkins-Tobin imposed a total sentence of 20 years suspend all but five (5) years which are to be served at the Division of Corrections without the possibility of parole. The Defendant will be on five (5) years of supervised probation when he is released.

Mr. Peisinger thanked Assistant State’s Attorney Chris Romano who prosecuted this matter and commended the Harford County Sheriff’s Office along with the Narcotics Task Force and the Maryland State Police Forensic Science Division for their hard work and dedication in conducting the investigation that resulted in the arrest and conviction of Mr. Winkler.