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Man is sentenced

April 03, 1997

By BRENDAN KIRBY

Staff Writer

A Hagerstown man was given two suspended six-year prison sentences for burglary and battery charges on Tuesday, according to Washington County Circuit Court records.

Gary Wayne Magaha Jr., 26, pleaded guilty last October to third-degree burglary and battery.

Judge Frederick C. Wright III gave Magaha two years supervised probation followed by two years of unsupervised probation, court documents show.

In addition, Magaha, of 757 Guilford Ave., was ordered to report to the Washington County Health Department for an evaluation and follow all recommendations for treatment, according to court records. He also was ordered to attend Alcoholics Anonymous meetings.

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In exchange for Magaha's guilty pleas in October, charges of fourth-degree sex offense and attempted rape were dismissed, court records said.

The charges stem from an October 1995 incident in which a man crawled into bed with a woman and then fled naked when confronted by her boyfriend, according to court records.

The incident began in the early-morning hours when the victim awoke to find a naked man crawling on top of her in her bed, Hagerstown City Police said.

When she yelled, her boyfriend - who was asleep next to her - jumped up and chased the naked man out of the house, police said.

The man's clothes and glasses were found in the living room later next to an unlocked window, police said.

The woman told police she was acquainted with Magaha and said he was her assailant, police said.

When police contacted Magaha, he said he had been drinking heavily all that day and didn't remember anything about the incident, police said.

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