Maryland Law Blog

Maryland ABC affiliate WJZ reported recently that a rash of Baltimore shootings is now under police investigation. In one incident on April 16, two men were shot and wounded. Both men were taken to Sinai Hospital, where one, who had been shot in the head, was pronounced dead upon arrival. The other, who suffered injuries to his back, remains in critical condition at Sinai.

Another shooting the same night resulted from a botched home invasion. Two men attempting to enter a home were confronted by the 23-year-old resident, who was shot in the incident. The 23-year-old was taken to Johns Hopkins, where he was pronounced dead. Police have made one arrest in that Maryland violent crime case.

Later that same night, a 30-year-old man was shot during an argument outside a liquor store. The shooter remains at large, while the victim is expected to recover.

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A Columbia man was recently arrested and charged with wounding a Dunkin’ Donuts clerk in Anne Arundel County. Police reported that on December 12, 2009 a clerk was shot through a drive-through window after refusing to comply with demands for cash from a man who came to the drive-through window armed with a shotgun. The wounded clerk was taken to the Maryland Shock Trauma Center for treatment of serious injuries. The 21-year-old alleged shooter was captured by the police department’s Special Enforcement Team and has been charged with attempted murder.

An attempted murder charge is a form of assault and since the man was carrying a gun, charges may be increased. Penalties could include extended prison time and large fines. Although it is legal to own a gun in the U.S., most citizens are prohibited from carrying one on their person in public. If law enforcement suspects you of carrying a gun, they can legally search you and your vehicle.

Continue reading "Man Accused of Shooting Clerk at Drive-Through Window" »

The state of Maryland has recently been marked with an increase in gun violence, homicides and police involved shootings, especially in Baltimore City. One solution that many are vying for is stricter gun laws and sentencing for gun offenders as well as no credit for good behavior to shorten prison time. The governor supports harsher legislation for gun violence and better prosecution to put offenders in jail for longer periods of time. However, tougher gun laws have failed in the past few years and leaders are planning to push for stricter legislation in the next year.

The second amendment of the constitution gives Americans the right to bear arms. However protection laws can be confusing to legal gun owners. Many people who face firearm charges in Maryland have criminal records; however, there are also many individuals charged who are legal owners of firearms who did not know they were breaking the law. Many prosecutors and leaders in Maryland agree with stricter gun legislation and will continue to push for reform. This means that even small violations can hold a mandatory minimum jail sentence.

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After being arrested for speeding on a motorcycle and carrying multiple weapons, an NBA player was indicted recently on additional weapons and traffic charges related to his September arrest. According to an nba.com story, the athlete was riding a motorcycle along the Capital Beltway in Prince George’s County at 10 p.m. while carrying two loaded handguns and a loaded shotgun. A recent addition to the list of concealed weapons being carried by the man included an 8 ½-inch Bowie knife.

The article explains that it is illegal in the State of Maryland to carry concealed weapons and to transport loaded handguns. The misdemeanor charges that this man now faces include:

• Two counts of carrying a dangerous weapon


• Two counts of carrying a handgun


• Two counts of transporting a handgun


• One count reckless driving


• One count negligent driving

Each of the weapon counts carries a penalty of up to three years in prison if the athlete is convicted. When the initial charges were filed, the man was facing only two counts of carrying a handgun and with driving in excess of reasonable and prudent speed.

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A man from Myersville, Maryland, considered to be the President of the National Pagans Motorcycle Club, has been accused of leading the supposedly wide-spread outlaw biker gang in extortion, robbery, kidnapping, plotting to commit murder, weapons violations, and drug dealing, according to the U.S. Attorney for the Southern District of West Virginia. Based on a baltimoresun.com report, more than 50 members and associates of the alleged gang are accused of conspiracy to kill and extort rival bikers in order to establish themselves as the top gang of bikers in the area. Those accused are reported to be in West Virginia, Kentucky, Virginia, Pennsylvania, New York, New Jersey, Delaware and Florida.

According to the article, within the 44-count, 83-page indictment document against those arrested, it is stated: “The PMC and its existing support clubs unlawfully threatened and intimidated people who wanted to start a motorcycle club in the PMC territory.” The article also mentioned that federal prosecutors are in search of holding the alleged leaders, including the Maryland man, and 20 others, without bail.

Maryland residents don’t hear about criminal cases quite like this one on a normal basis. It is interesting that prosecutors apparently did not know whether the President of the National Pagans Motorcycle Club had a criminal defense attorney or not. Although the charges against this man and many others seem insurmountable at a quick glance, all citizens arrested for a crime are innocent until proven guilty. Considering that so many people were arrested, it is possible that false accusations were made, leading to charges being brought against those that were not involved with the related crimes whatsoever.

Continue reading "National Pagans Motorcycle Club President is One of 55 Arrested" »

According to an article from newscientist.com, a group of researchers at the University of Pennsylvania conducted a study that has citizens across the U.S. contemplating the risk of carrying a loaded weapon. Apparently, in examining 677 shootings over a period of two and a half years to see if victims were carrying a gun at the time, the study found that individuals who carry guns are 4.5 times as likely to be shot and 4.2 times as likely to be killed compared to an unarmed individual. The research also showed that the chances of a victim being shot were even higher in incidents where he or she had an opportunity to defend themselves with a gun.

Based on the article, this study is considered by its operators to be just the beginning in answering whether possessing a gun is an act that creates protection or welcomes threat. Even though one of the study’s researches said that the results may represent how carrying a gun gives a person a false sense of immortality or empowerment, this study’s intention does not appear to be intended to infringe upon the right to bear arms under the Second Amendment.

Stating in the article that “it affects others a heck of a lot more”, the co-director of the John Hopkins Center for Gun Policy and Research in Baltimore, Maryland, believes that it is shortsighted to mull over the safety of gun owners and not the communities where persons that carry guns live.

Continue reading "Study Shows that Risk of Being Shot and Killed Increases for those Carrying Guns" »

An article published in the Northern Virginia Daily recently discusses the case of a Winchester man convicted of robbing a Maryland bank with his grandson. The 54-year-old must serve more than 56 years in prison for robbing one bank in 2007 and attempting to rob another lending institution a month later. The official sentence handed down by Judge Catherine C. Blake sentences the man to 56 years and eight months according to information provided in a press release issued by the office of U.S. Attorney Rod J. Rosenstein.

When the sentence was announced in U.S. District Court in Baltimore, the accused made no statement. A federal jury found the man guilty of various firearms violations and armed bank robbery in March 2009 stemming from a robbery that occurred on October 22, 2007. According to the press release, the man robbed the M&T Bank in Hagerstown of $33,888. In the course of committing the robbery and fleeing the scene, the man fired a shotgun at a police vehicle, stole a handgun, and held a mother and daughter hostage at gunpoint for several hours while he eluded law enforcement officials.

According to testimony from the man’s trial, the 56-year-old enlisted his 18-year-old grandson to assist with the robbery. The grandson, who was 17 at the time the robbery took place, wore pantyhose to conceal his identity during the robbery while his grandfather wore a mask. The grandson was charged in connection with his role in the robbery but agreed to cooperate with investigators. Through a plea bargain with his criminal defense attorney and prosecutors, the grandson’s case was kept in juvenile court.

Continue reading "Maryland Bank Robber Sentenced to 56 Plus Years in Prison" »

Law enforcement authorities are looking for three men in connection with an armed robbery that took place on June 20, 2009. An article published in the University of Maryland’s independent daily student newspaper Diamondback Online, claims that three armed men robbed a dry cleaning business on Route 1 as the store was opening for business. According to a University of Maryland crime alert report, three men entered the rear door of the dry cleaner located in the 7200 block of Baltimore Avenue as it opened for business around 6:30 in the morning. The report said that each of the men displayed a handgun during the robbery, allegedly took money from the cash register and personal property from the employees, and then fled in a burgundy Jeep Cherokee with Maryland license plate 545M727.

At the time the article was published, law enforcement officials investigating the robbery had not yet found the Jeep Cherokee and did not know whether or not the Jeep had been stolen for the purpose of committing the robbery. They also did not release how much money had been taken from the dry cleaner’s register or what personal property had been stolen from the store’s employees. The suspects are described as 18-to 25-year-old black men around 5’8” to 5’10” in height wearing dark clothing with medium to dark complexions.

If apprehended, the men face very serious criminal charges and if they are convicted of committing the armed robbery, they could be subject to severe criminal penalties. Under criminal law, the men could receive the following criminal penalties for robbery and weapons charges in Maryland:

• Many years and even decades in prison


• The inability to lawfully own a firearm


• Probation


• Parole


• Steep fines


• The inability to obtain certain types of employment


• A permanent mark on their record that can have a negative impact for the rest of their life


• And other life-changing criminal penalties

Continue reading "Police Looking for Three Armed Men in Dry Cleaner Robbery" »

In the rundown of the Baltimore police blotter for March 10, 2009, the Baltimore Sun notes in an account that a 19-year-old northeastern Baltimore man is in critical condition after being shot in the face during the early morning hours of March 9, 2009. Currently, the Maryland assault with a firearm case is under investigation, and no charges have been filed.

Given the limited amount of information available, should an arrest be made, felony assault with a firearm charges seem likely. Felony assault in Maryland is the attempt to intentionally cause serious harm to another, successful or not. In this case, the victim received injuries severe enough to warrant hospitalization, so the possibility of the state tendering second-degree assault charges is very remote, especially since those injuries were inflicted using a firearm. In Maryland, felony first-degree assault carries a maximum prison sentence of 25 years.

However, should an investigation reveal sufficient evidence that the as-of-now unknown assailant deliberately tried to kill the victim, the charges could be increased to attempted first or second-degree murder. A conviction on an attempted murder charge carries increased prison sentences, from 30 years to life imprisonment.

Continue reading "Baltimore Shooting Puts Man in Critical Condition" »

Baltimore police have arrested Eddy M. Castillo-Diaz, 21, in connection with a stabbing death that took place February 22, 2009, in East Baltimore. According to a Baltimore Sun story, Mr. Castillo-Diaz is a native of Honduras, and police believe that he is in the United States illegally.

Mr. Castillo-Diaz has been charged with first-degree murder in Maryland, assault and weapons charges. Under Maryland law, first-degree murder can be punished by the death penalty,* life imprisonment without the possibility of parole, or life imprisonment. Should the State choose this as a capital case, the accused must be notified in writing of this intent at least 30 days before the start of the trial.

Given the circumstances, the assault charge against Mr. Castillo-Diaz is most likely the more serious felony assault, which depends on the intentional attempt to inflict serious harm on a person, or the infliction of serious bodily injury on a person. Felony assault charges carry a prison term of up to 25 years.

The weapons charge of the type leveled against Mr. Castillo-Diaz is a misdemeanor, punishable by up to three years in prison augmented by up to a $1,000 fine.

Criminal charges of any kind are a serious matter. If you have any questions or concerns about cases such as this one, please contact the experienced Maryland criminal defense attorneys of Meng & Alpert LLC for more information. The attorneys of Meng & Alpert LLC have successfully represented clients facing weapons charges, homicide and assault, as well as general criminal charges. Call 866-444-6363 for a free case evaluation.

*The practice of capital punishment in the state is facing challenges from both the governor and the Maryland Senate.

A review of the Baltimore Sun’s police blotter report for Saturday, March 7, 2009, reveals that three people were arrested and charged with first-degree assault in Maryland in connection with a roadway-shooting incident that took place during the early morning hours in the Woodlawn area.

According to the blotter record, the three individuals were driving in the Woodlawn area and at approximately 3:30 a.m., one of the individuals allegedly discharged a .32 caliber handgun at the driver of another car. Fortunately the shot missed, and the driver reported the incident to law enforcement officials.

Police stopped the suspect’s vehicle shortly after receiving word of the incident and arrested the occupants of the car, two men and a woman. Police officers also recovered the handgun believed to have been used in the shooting.

The roadway shooting case illustrates one aspect of assault charges that are slightly counter-intuitive: the act of assault does not have to be successful for the charges to be made. A charge of first-degree assault in Maryland can be made for the attempt to cause serious physical injury to another. According to one reading of the Maryland code, using a firearm to commit the assault places the act firmly in first-degree assault territory.

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The Baltimore Sun reports that the Baltimore County police are searching for 26-year-old Warren Jerome Yates of Dundalk in connection with a fatal shooting.

Police allege that on January 7, 2009, Yates sold another man $4000 worth of marijuana. The other man passed Yates a roll of bills to pay for the drugs, but only one of the bills was real.

The purchaser fled when Yates discovered the ruse, then Yates drew a gun and fired two shots at the man.

One of the shots struck 58-year-old Shirley Worcester, a Middle River resident who was standing outside of her home. The bullet hit Worcester in the chest, fatally wounding her.

Police have issued a warrant for the arrest of Yates based on eyewitness accounts and crime scene evidence. In addition to first-degree murder charges, police have also charged Yates for weapons violations and drug charges.

A Maryland first-degree murder conviction relies on proving beyond a reasonable doubt that the act was premeditated and occurred during the commission of a limited range of felony crimes.

The state is obligated to be clear and deliberate in its actions so that the rights of the accused are observed at each step in the process of justice. To make sure your rights are protected, you need a skilled homicide defense attorney in Maryland who understands the extent of the law. Contact Meng & Alpert for legal guidance and representation at 866-444-6363 toll free.

It is an unfortunate reality of today’s world that teenagers are more often involved in weapons charges. From the Washington Post, we see the story of 17-year-old Patrick S. Yevsukov, who pleaded guilty on January 9, 2009, to charges stemming from the discovery last summer of firearms and explosives at the home of a friend, Collin McKenzie-Gude of Bethesda.

Given the highly-charged political climate calling for increased criminal penalties, teenagers in weapons cases are often charged as adults. In Yevsukov’s case, he was charged as a juvenile and eventually pleaded guilty to two counts of manufacture or possession of an explosive device, along with unauthorized access to a computer and theft.

McKenzie-Gude’s case is still pending. An earlier Post story details the efforts of the defense attorney for McKenzie-Gude, who asked that he be charged as a juvenile since the events associated with the crime took place while he was seventeen.

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