Criminal Defense Lawyer Blog
Maryland State Police recently arrested a 52-year-old Carroll County man in connection with a shooting outside of a crowded Eldersburg restaurant. The shooting occurred at roughly 9:30 p.m. on a Friday night, and when troopers responded they observed two men suffering from gunshot wounds. The two victims, a 60-year-old man and a 50-year-old man were transported to a trauma center for medical treatment. Troopers also located a suspect in the shooting, who was arrested on the scene without incident. According to the MSP press release, troopers learned that there was an altercation behind the restaurant in question, and that the three involved individuals all knew each other. A firearm was recovered on the scene in glove compartment of the defendant’s golf cart and processed into evidence.
Troopers consulted with the State’s Attorney’s Office for Carroll County and made the decision to charge the suspect with two counts of first degree assault, one count of firearm use in a crime of violence and one count of wearing a handgun while under the influence. This case is unique because the defendant held a valid Maryland Wear and Carry license. Most gun crimes, especially violent crimes, are committed by those who do not have a permit. In fact, many defendants in violent gun crimes are also prohibited from possessing a firearm due to prior criminal convictions or being under the age of 21. The charge of wearing a handgun while under the influence can only be charged when a defendant possesses a valid Maryland permit to wear or carry. This offense is listed under the Public Safety Code in section 5-314. A violation of this offense carries up to 1 year in jail and a $1,000 fine. A conviction or a probation before judgment to this offense will also likely trigger permit suspension or revocation proceedings initiated by the Maryland State Police. Obviously in this case the defendant has bigger issues to deal with; assault in the first degree carries up to 25 years in prison and use of a firearm in a crime of violence carries a 5-year mandatory prison sentence.
From a review of the statement of charges documents it certainly appears this will be a self-defense case. The defendant allegedly told law enforcement that he shot one individual after being choked and was unaware that he shot the other individual. Surveillance camera footage from the restaurant’s back parking lot apparently showed one of the gunshot victims initiating the physical altercation by bear hugging the defendant. Customers in the restaurant were interviewed and reportedly told troopers that the defendant was acting belligerently and that the three individuals left the restaurant to engage in a physical altercation. Most gunshot cases are charged as attempted murder, but based on the charging document it is clear that the State made the correct call in not requesting this charge. Regardless, two counts of first-degree assault and the use of a firearm in a crime of violence present a significant risk for the defendant if the case goes to trial. The defendant was unsurprisingly held without bail by a District Court judge, though he will have a much better shot at release in the Circuit Court.
Benjamin Herbst is a Maryland gun crimes lawyer who specializes in charges such as illegal possession of a firearm, wearing a handgun while under the influence, use of a firearm in a crime of violence and wear, carry transport of a firearm. Benjamin has successfully defended more than 100 out-of-state defendants who are unaware of the harsh Maryland gun laws. He also has extensive experience and success defending those charged with assault in all Maryland jurisdictions. This includes domestic crimes such as first and second-degree assault. Contact Benjamin anytime for a free consultation about your case at 410-207-2598.
Resources:
Maryland State Police Make Arrest In Connection With Reported Shooting In Carroll County, news.maryland.gov.