Criminal Defense Lawyer Blog

Published on: November 3, 2021

Arsonist Sentenced to 9 Years in Federal Prison

The notorious Anne Arundel County arson case that has spanned more than 4 years has finally come to a close, as the defendant received his sentence late last week. On Friday at the Baltimore City federal courthouse the 36-year-old defendant from Pasadena, Maryland was sentenced to 9 years in prison followed by 3 years of supervised release. He was also ordered to pay more than $500 thousand in restitution for his role in burning down a popular neighborhood bar. The man was charged under 18 U.S. Code § 844 (i), which makes it a federal offense to maliciously damage or destroy any real property used in interstate or foreign commerce by fire or explosives. The maximum penalty for this offense is up to 20 years in prison that includes a 5-year mandatory sentence. If any person is injured, including a public officer such as a firefighter, the maximum penalty becomes 40 years with a 7-year mandatory term. Unfortunately, a firefighter was actually injured while attempting to extinguish the blaze after he was thrown off a ladder by the force of a backdraft.

The Blog detailed the facts of this case in a previous post back in April when the plea was announced, so we won’t go over the entire case again. The basic facts were that the defendant was charged with second-degree assault and theft for an incident that occurred at the bar 6 days before the fire. He apparently returned to the bar in an attempt to destroy the surveillance equipment that he believed would incriminate him in the assault case, but ended up burning the entire bar down except for the cameras he sought to destroy. So, not only was the assault captured on the surveillance, but he was also on video making Molotov cocktails and throwing them at the bar. ATF trained K9s also located the presence of gasoline (a common accelerant used in incendiary devices) in the area where the defendant was standing on video.

The defendant ended up being found guilty of the assault in the Circuit Court for Anne Arundel County and was given a three-year suspended sentence. The theft charge was nolle. prossed by the state as part of the plea agreement, although the defendant was found guilty of another unrelated theft that occurred a few weeks after the fire. He will now serve upwards of 7.5 years behind bars before being released to state and federal probation. Although the exact guideline range that the defendant was assigned is not discussed in the U.S. Attorney’s press release, the base offense level for malicious destruction of property by fire appears to be at least 24. There were aggravating factors that elevated his guidelines including the fact that the fire was started in an attempt to conceal evidence of another offense, which adds two levels. By our estimation it seems the defendant received a sentence at or near the top of the guidelines.

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Published on: October 29, 2021

Marylanders Still Support Marijuana Legalization

By Benjamin Herbst

A recent poll conducted by Goucher College over the past several weeks found that 60% of Maryland residents favor the legalization of marijuana for recreational use. This is the second marijuana legalization poll conducted this year by the private college located just outside of downtown Towson. Back in March the college’s pollsters revealed that 67% of state residents supported legalization. While support has seemingly dipped slightly, when factoring in the margins of error the numbers are likely similar enough to tell the same story; in Maryland and in the United States as a whole legalization is preferred 2 to 1 over the continued criminalization of marijuana.

Closer examination of the data from Goucher reveals that like most issues in the county, support for the legalization of marijuana is divided along party lines. While two thirds of Democrats favor legalization, only 40% of republicans are in favor of it. Those who identified as conservatives were split down the middle, which is not surprising considering the potential tax revenue that the state would generate. Additionally, many conservatives likely do not believe the government should be wasting money and resources enforcing marijuana laws when there are far more pressing issues in Maryland. The poll also reported that 85% of self-described progressives support legalization, which is surprising. It’s hard to imagine that even 15% of progressives believe the police should still be arresting citizens for possession of pot.

Legalizing marijuana for recreational use will generate millions of dollars in tax revenue for the state, while providing a safe environment to purchase regulated cannabis products. It will not lead to increased criminal activity in the area of the dispensaries, and will not appreciably contribute to an increase in DUI cases or the illegal use of pot among teenagers. These potential red flags have not shown up in states that already have established recreational cannabis policies. The fact remains that legalization is a major talking point before it goes into effect, but once it becomes law people for the most part stop talking about it. For the next year cannabis legalization will continue to show up in the headlines, but now according to multiple Goucher polls it appears an end is in sight. The referendum that is scheduled for next November will almost certainly pass, and the conversation can then shift to other issues that really are more pressing. However, within the criminal justice system the conversation will continue for several years.

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Published on: October 21, 2021

Correctional Officers Guilty of Racketeering Conspiracy

By Benjamin Herbst

Two former Maryland correctional officers recently pled guilty to racketeering conspiracy for their roles in smuggling contraband into the Chesapeake Detention Facility (CDF). The pleas were entered in the Baltimore City federal courthouse where the pair will be sentenced in a few months. CDF is the federal pre-trial detention facility where most federal defendants in Maryland who are awaiting trial. It is a maximum-security facility across the street from Baltimore City Central Booking that houses approximately 500 inmates. Although it is a federal facility that is controlled by the United States Marshals Service, the jail is run by the Maryland Department of Public Safety and Community Supervision pursuant to a business contract. The Maryland DPSCS runs all the state correctional facilities and is one of the largest agencies in the state. The department currently boasts a workforce of approximately 12,000 and a budget of more than $1 billion per year. Correctional officers at CDF are not federal employees but the jail is considered federal property. Therefore, offenses committed on the grounds or within the jail are typically prosecuted in federal court.

The first plea took place last week and involved a 35-year-old female officer from Randallstown in Baltimore County. According to the plea agreement she admitted that beginning in 2017 she smuggled contraband into CDF for multiple detainees, and met with outside facilitators to receive bribe payments and cellphones used to communicate with a specific inmate. DPSCS investigators eventually caught on to the scheme and had federal agents execute a search warrant of the officer’s home in 2020 where they seized cash, marijuana, cell phones and notes from several CDF detainees. The second plea took place this week for a 45-year-old officer from Baltimore. This officer admitted to smuggling liquor into the facility for a detainee and receiving four payments totaling approximately two thousand dollars. Pursuant to his plea, he also admitted to meeting an outside facilitator to pick up a bag containing suboxone strips and tobacco intended to be smuggled inside CDF the next day. Unbeknownst to the officer, investigators had already caught on to his involvement with the smuggling operation and the contraband was interdicted by officers in the facility’s parking lot. The defendant later admitted that the contents of the black bag were intended to be smuggled inside the facility.

Both of the defendants face a maximum of 20 years in federal prison for racketeering conspiracy, though they will serve far less than the maximum. Both are likely first-time offenders, and based on the limited facts available from the U.S. Attorney’s Office press release their guideline ranges are estimated to be 24 to 30 months. This is based on an offense score of 19 with a two-level reduction for entering into a plea agreement. Unless the defendants have agreed to a binding “C” plea, the attorneys will likely argue for downward departures in an attempt to keep active incarceration under two years or possibly even home confinement. The government takes public corruption cases extremely seriously, and offenses involving correctional employees are no exception. While nobody was injured during the course of this scheme, the government will almost certainly make the argument that providing cell phones and other contraband to inmates endangered the lives of correctional officers and other inmates. The defense lawyers must be prepared to address these arguments and to humanize their clients in the eyes of the Court.

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Published on: October 15, 2021

Eastern Shore Man Guilty of Federal Drug Distribution

By Benjamin Herbst

This week in the Baltimore City federal courthouse a 40-year-old Salisbury man pleaded guilty to possession with intent to distribute heroin using the dark web. According to facts presented in the plea agreement the defendant was an active interstate drug distributor on the infamous dark web, which is a part of the internet designed to conceal the identity and location of users through specialized software programs. However, once an individual becomes a suspect in a criminal operation law enforcement officers can then access the web and pose as potential co-conspirators, or in this case buyers. In this particular investigation it appears Homeland Security had an agent pose as a buyer, and other law enforcement agencies in and around Maryland joined forces to build a case.

Per the plea agreement the defendant admitted to distributing heroin throughout the country from his Salisbury apartment and storage unit on the dark web beginning in 2018. During the summer of 2018 an undercover federal agent made two separate purchases of heroin from the defendant via the dark web using bitcoin. The next day after each sale, law enforcement followed the defendant as he proceeded to mail packages from post offices in Salisbury and Ocean City. The packages were seized and opened after search warrants were obtained, and both contained heroin. The defendant continued to conduct heroin sales over the dark web, but his username was inactive for 3 months at the end of 2018. It turned out that the defendant was incarcerated on unrelated charges in Worcester County during this time. Less than a week after his release the defendant’s dark web profile again became active. Following more package seizures and other incriminating evidence, law enforcement obtained a search warrant of the defendant’s home and storage unit in the fall of 2019. Upon execution of the search warrant, police recovered approximately 77 grams of heroin, 41 grams of cocaine, 5 grams of ecstasy (MDMA), 33 grams of meth, 3 pounds of marijuana, cutting agents, scales, drug paraphernalia, $13,796 in cash and a .40 caliber handgun that was stolen from a Federal Air Marshal. Law enforcement also recovered body armor, mailing materials and electronics such as a laptop and several phones. A forensic search of one of the phones revealed a digital wallet containing over $100,000 in bitcoin.

The U.S. Attorney’s Office and the defendant entered into an agreement where the defendant will serve 5 years of incarceration if the federal judge accepts the plea at sentencing in February. This agreement or “c plea” is akin to a binding ABA sentencing agreement in state court. The defendant has a relatively minor record in Maryland that includes convictions for misdemeanor assault 2^nd degree in Wicomico County and misdemeanor malicious destruction of property in Worcester County. It is unclear whether he has prior convictions out of state. The 2^nd degree assault conviction would prohibit the defendant from owning or possessing a firearm, though it is unclear whether the defendant was charged with illegal firearm possession. The plea agreement may have contemplated this factor, along with other facts and circumstances such as the amount of drugs recovered and the overall scale of the criminal operation.

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Published on: October 8, 2021

How to Apply for a Maryland Handgun Permit

By Benjamin Herbst

Maryland has become notorious in the region for having overly harsh gun laws, and easily ranks among the top ten states in the country for the strictest set of laws. The gun laws in neighboring states to the south and west such as Virginia, West Virginia and North Carolina are not even in the same league as Maryland. The same is true for other East Coast states including South Carolina, Georgia and Florida. In these states it is legal and fairly common to transport a firearm in a vehicle, and in some it’s perfectly legal to carry a handgun on your person without a permit. Maryland’s gun laws are far more in line with New Jersey and New York when it comes to carrying and transporting handguns and other firearms, and violations of these laws often mean immediate arrest and potential jail time. The Second Amendment however does still offer some protection for Maryland gun owners who wish to legally arm themselves in public, provided they fit the eligibility requirements and are willing to navigate the miles of red tape it takes to obtain a permit.

In this post we will give a brief overview of the process to obtain a license to carry a handgun, and the possible hurdles a potential applicant may face. The Handgun Qualification License or HQL does not allow a person to do anything but purchase a firearm, and will not be discussed further in this post. The majority of Maryland gun laws are listed under the Public Safety Article, which contains dozens of statutes ranging from simple to highly confusing. Title 5 deals with all the firearm laws and subtitle 3 codifies the handgun permit regulations. According to §5-303 a permit is required any time a civilian wishes to carry a handgun. Transportation of a gun may still be legal without a permit provided the owner has complied with the criminal statute that mandates the firearm be in a case, unloaded and inaccessible by the driver. The gun owner would also be limited to traveling to and from his or her home or a gun range/shop.

The first step in obtaining a Maryland handgun carry license is to determine eligibility. There is no sense in wasting the time and money to apply only to be denied due to ineligibility. An applicant must be an adult and cannot have a felony conviction or a conviction for a misdemeanor if more than 1-year of incarceration was imposed. Federal law would also prohibit an applicant who has any criminal conviction for an offense that carries more than 2 years of incarceration, regardless of the length of the actual sentence. Most people who are interested in applying for a carry permit are well aware of these few provisions, and probably would not bother applying in the first place. What they may not be aware of is that Maryland law also prohibits anyone with a drug conviction of any kind from obtaining a carry permit. This includes possession of marijuana, and cases that may have occurred decades ago. Applicants must also not be habitual users of drugs or alcohol or have exhibited a propensity for violence or instability. This last provision may apply to anyone who has been served with a domestic violence protective order.

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Published on: September 30, 2021

Maryland Men Arrested With 400 Pounds of Marijuana

By Benjamin Herbst

This past week two Maryland men were arrested in Indiana for dealing in marijuana after his van was pulled over on Interstate 70 for following another vehicle too closely. Local sheriff’s deputies allegedly observed several criminal indicators after pulling the vehicle over, which included the odor of raw marijuana and the presence of plant like material on the pants of the driver. A search of the van took place shortly after the traffic stop, and police discovered 16 cardboard boxes that contained numerous vacuum sealed plastic bags of pot. Back at the police station deputies weighed the bags and eventually tallied 400 pounds of cannabis. This large roadside bust resulted in charges for the driver and passenger, who were booked into the county jail and later bonded out. Both defendants now face potential jail time for charges when they return to court.

The Blog does not typically post about cases that involve drug busts in other states, but since the defendants hail from Maryland we thought it would be an appropriate way to write marijuana related automobile searches, which have been receiving a great deal of attention as of late. Despite nationwide efforts to legalize marijuana it is still an illegal substance in the majority of states, and remains a controlled substance under federal law. Therefore, police officers are still actively searching for suspected marijuana traffickers, and will be especially attracted to vehicles with out of state license plates traveling on interstates around the country. An out-of-state cargo van traveling with two adult male occupants couldn’t be more suspicious to highway patrol officers, so it’s no surprise this vehicle was pulled over. While it almost certainly will not appear in any official report, this particular vehicle likely caught the eye of the deputy sheriff long before it was involved in the alleged traffic infraction. Law enforcement officers are legally able to make pretextual traffic stops, which means they can pull a vehicle over for a minor traffic stop with the full intention of conducting a criminal investigation. It is for this reason that a large percentage of drug busts occur on interstate highways and other major thoroughfares.

In addition to pretextual stops, law enforcement officers in most states are able to search a vehicle upon observing signs indicating the presence of marijuana. This is especially true in Maryland, where the highest court has unequivocally held that the odor of marijuana justifies the search of a vehicle. Almost all law enforcement officers, and especially those from the Maryland State Police and the Maryland Transportation Authority police have special training in drug interdiction, which is the process of preventing drugs from reaching their intended destination. Much of this training includes identifying vehicles that could be transporting marijuana, heroin and other illegal controlled substances. On top of the list are vehicles traveling with out-of-state license plates or vehicles that are registered to rental companies. Police officers on Interstate 95 and Interstate 70 are rarely just looking to nail speeders, but rather are searching for their next drug bust. In this case, the Maryland men seemed destined for law enforcement attention and now they have criminal cases pending in a state with surprisingly lenient marijuana distribution laws. Unlike in Maryland, the equivalent to possession with intent to distribute cannabis is actually a misdemeanor in Indiana for all first time offenders. One of the men recently was charged with a drug offense in Baltimore County, but his case did not result in a conviction. it is unclear whether either defendant has priors in others states. The Blog will follow this case and others like it, and may post a follow up article in the near future.

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Published on: September 23, 2021

Heavy Police Presence as Ocean City Pop-Up Rally Begins

By Benjamin Herbst

The 2021 H2O1 pop-up car rally is officially underway, and law enforcement is preparing to keep this unofficial event as safe as possible. Despite a supposed move to New Jersey a few years back, the event still calls Ocean City home, and thousands will flock to Maryland’s Eastern Shore this week. The event has a decade of history in Worcester County, and despite lawmakers and the city police department’s best efforts, it does not appear to being going away any time soon. Lawmakers can’t simply ban the event because it is not an officially sanctioned event in the first place. There are no licenses issued by the town, and there is no promoter or company that actually runs the event. Short of closing down the town for the week or imposing some sort of over-intrusive curfew (which would never happen and would be unconstitutional) the town will once again be forced to make the event as safe as possible for participants and spectators alike.

In 2020 the number of arrests during the rally actually decreased from 121 the year before to an even 100. On the other hand, the amount of traffic citations issued during the event rose to nearly 3.5 thousand. Additionally, 350 cars were towed for various infractions including camber violations that make the cars illegal for street use. Many visitors to Ocean City have noticed signage on Coastal Highway that displays the Special Event Zone message, and this law was actually created back in 2018 in response to the Ocean City Pop-up rally. The town wanted to give police more authority to enforce the traffic laws, and believed that simply writing citations would not do the trick. Lawmakers succumbed to the pressure and created the Special Event Zone to give police authority to arrest drivers for so called “exhibition driving”.

According section 21-1132 of the Transportation Article under Maryland law, exhibition driving is defined as operating a vehicle in a manner that results in excessive or abrupt acceleration or deceleration, skidding, burning or smoking of the tires, swerving or swaying, or revving the engine in an unreasonably loud or disturbing manner. Grinding of the gears and causing the wheels to lose contact with the ground is also included in the statute. Exhibition driving while in Special Event Zone is now punishable by up to 60 days in jail, and a fine of $1,000, and police officers will arrest a defendant for this type of driving. We have seen numerous cases where defendants are arrested for exhibition driving even if their actions did not place anyone in danger. To make matters worse, some out of state defendants are not released by the commissioner, and could held overnight in jail until seeing a judge the next day. Not only will police arrest an individual for exhibition driving, the State’s Attorney’s Office will almost certainly prosecute these cases. In addition to exhibition driving being an arrestable offense, the fine for speeding in a special offense zone increases to $1,000. With the speed limit on coastal highway decreasing to 30 mph during the events, police are almost running out of paper to issue the tickets.

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Published on: September 17, 2021

Cecil County Man Sentenced for Federal Gun Violation

By Benjamin Herbst

This past week a 30-year-old Cecil County man was sentenced to more than four years in federal prison for narcotics conspiracy and possession of a firearm by a convicted felon. The case was originally prosecuted in the district and dircuit courts for Cecil County located in Elkton, but the feds decided to prosecute as part of their Project Safe Neighborhoods (PSN) initiative, which was developed by the Justice Department in an effort to curb violent crime. While we have posted numerous articles about federal gun and drug prosecutions in the Baltimore and D.C. Metro areas, this case is another reminder that the feds will pick up felony firearm cases in all Maryland jurisdictions.

According to facts presented in the plea agreement, the defendant’s vehicle was pulled over for speeding and failing to stop at a stop sign. Upon initiating a traffic stop the Cecil County Sheriff’s deputy observed the car shake and determined that the driver and passenger had switched seats. This obviously peaked the deputy’s suspicions, though it turned out there was much more in store for the deputy to deal with. Upon asking the two men for their identification, the defendant grabbed the gear shift and told the driver to go. The deputy was able to turn the vehicle off before it could move, but then the defendant took off on foot in an attempt to flee the scene. While attempting to escape the defendant was observed throwing an object that appeared to be a firearm. The defendant was eventually apprehended by police and found to be in possession of $1,802 in cash. Police also recovered a loaded firearm in the area where the defendant fled and a small quantity of marijuana in the vehicle. Finally, deputies recovered a small amount of crack cocaine in the back of the patrol car after the defendant was removed for a medical check. The traffic stop, including the defendant fleeing with what appeared to be a firearm in his hand, was all captured on the patrol car’s dashboard camera.

The defendant was originally charged with 12 state criminal counts including illegal possession of a firearm, loaded handgun in vehicle, handgun on person, obstructing and hindering, disturbing the peace, resisting arrest and CDS possession-not marijuana. He was held without bond while the state case was pending most likely due to the firearm charge and the fact that he attempted to flee from police. Judges often make the conclusion that a defendant is a flight risk and will be unlikely to appear as directed for court if he or she is accused of attempting to flee from police during the original crime. Logically the two are quite different, but this argument often falls short in moving the needle toward release. The case was transferred to circuit court but then dismissed after the feds picked it up a couple months later. Considering the defendant faced a 5-year mandatory prison sentence without parole on the state level, he likely did not receive a much harsher sentence in federal court. A defendant who is sentenced on a 5-year mandatory offense in Maryland state court for a crime such as felon/disqualified person in possession of a firearm may still be eligible to obtain credits for good behavior etc. The defendant’s 52-month prison sentence is pretty close to what he would have served had he been convicted in state court.

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Published on: September 9, 2021

Driver Sentenced to 10 Years for Manslaughter

By Benjamin Herbst

A Washington County man was recently sentenced to 10 years in prison followed by 5 years of probation after entering a plea to one count of manslaughter by vehicle in a grossly negligent manner. The 30-year-old defendant was originally charged in the District Court with numerous traffic citations such as DUI, reckless driving and driving on a suspended/revoked license. He was also charged with four criminal offenses included the criminal negligence and homicide by motor vehicle while under the influence of alcohol. All of the citations and criminal charges were transferred to the Circuit Court after the State’s Attorney’s Office filed a criminal information about two months after the incident.

Under the Maryland Criminal Code, a charge of manslaughter by vehicle is defined as causing the death of another by driving or operating a vessel in a grossly negligent manner. There is no requirement that the State prove the defendant was under the influence, though it almost always involves an element of drug or alcohol impairment. The charge is a felony that carries a maximum penalty of 10 years in prison upon conviction, but the max becomes 15 years if the defendant has a prior conviction for a drug or alcohol related driving offense. This penalty is significantly higher than the 5-year max for a conviction of homicide by motor vehicle or vessel while under the influence and the 3-year maximum sentence for manslaughter by criminal negligence. It is no surprise that the State was firm on extending a plea offer that involved the gross negligence penalty, especially considering the defendant had a least two prior drunk driving cases and was driving on a revoked license. The first took place back in 2013 when the defendant received probation before judgment for DUI. Just three years later the defendant was convicted of DUI and received a jail sentence.

While a 10-year prison sentence may seem harsh for a crime that only carries a maximum penalty of 15 years, the defendant essentially pled guilty to a third DUI, which resulted the death of a young man. According to comments made by the State and the judge at sentencing the family of the victim was in agreement with the sentence, which means the defendant likely would have received more time had the case proceeded to trial and resulted in a conviction for the top count. Assuming the defendant did not have any additional criminal convictions, his guidelines were probably in the range of 5-10 years of active incarceration. This means he received the top of the guidelines, though in cases like this the guidelines are not as influential on the state’s recommendation and ultimately the judge’s decision. DUI manslaughter cases, and cases involving gross negligence or criminal negligence are some of the toughest cases to defend, prosecute and judge due to their tragic nature, but it appears all sides came to an agreement in this case.

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Published on: September 2, 2021

Baltimore Man Asleep in his Car Arrested for Gun Possession

By Benjamin Herbst

The traffic stop has long since been a powerful investigative tool for law enforcement. Performing a traffic stop is perhaps the most common method for police officers to make contact with citizens. While the large majority of traffic stops remain just about the alleged traffic infraction, police are trained to look for signs of criminal activity immediately upon pulling over a vehicle. Sometimes suspects give police reason to escalate the situation by their words or actions, and other times the presence of criminal activity is based on something an officer sees or smells. Of all the traffic stops that an officer conducts, there is one scenario where the driver almost always ends up in handcuffs, and it occurs when the driver is asleep behind the wheel.

Obviously, a sleeping driver’s vehicle is rarely moving when police make contact, but Maryland case law has made it clear that an officer who approaches a parked vehicle is still making a traffic stop for legal purposes. A driver of a parked vehicle may have a legal argument if he or she is awake and not trespassing or committing some other obvious offense. In the case of the sleeping driver however, there will never be an issue about whether the officer has a legal basis to make the stop. Outside of being on private property, sleeping while in control of a motor vehicle is not only a sign that criminal activity may be afoot, but also presents a safety hazard that gives police the authority to investigate for welfare purposes. Most drivers who are asleep behind the wheel will be asked to step out of the vehicle and investigated for signs of drug or alcohol intoxication. A fair amount of DUI cases begin when an officer makes contact with a sleeping driver. In some cases though the stop becomes much more than a DUI investigation.

Back in pre-Covid era of March of 2019 (which seems like a lifetime ago) Baltimore police encountered a man asleep behind the wheel in a Reisterstown Road parking lot. Officers immediately observed signs of intoxication, including the usual slurred speech, and requested the man step out of the vehicle. Apparently in the man’s intoxicated state he forgot that he had a firearm protruding from his waistband, and he was immediately arrested. Police seized the the loaded handgun and subsequently performed a ballistics analysis to see if the firearm had been involved in any prior criminal conduct. As it turns out, the same firearm was discharged in public back in 2017 in a crime that was never solved. While nobody was injured, the incident was still part of an open investigation, and as a result Baltimore County police detectives ended up questioning the defendant about his knowledge of the Owings Mills shooting. Unfortunately for the defendant, he did not assert his right to counsel and proceeded to admit that he was the person who discharged the firearm in public, after taking it during a drug transaction. In exchange for his honesty the police proceed to charge the defendant with felony firearm possession, CDS possession of firearms and discharging a firearm in public.

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