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Man gets 10 years for burglary, assault

November 02, 1998|By MARLO BARNHART

Hoping for a sentence of time served for a 1997 burglary and assault, a Middletown, Md., man instead will serve a 10-year prison term imposed Monday by Washington County Circuit Judge Kennedy Boone.

"Time served doesn't serve the community," Boone said as he sentenced Robert Wayne Martin Jr., 34. "He needs to see the inside of a prison."

In July, Martin entered Alford pleas to charges of first-degree burglary and second-degree assault. Charges of rape, and first- and third-degree sex offenses were dropped in exchange for that plea.

Under an Alford plea, a defendant acknowledges that the prosecution could gain a conviction but doesn't admit guilt.

"This was a violent and unprovoked attack," said Assistant Washington County State's Attorney Susan Lochbaum, referring to the Oct. 22, 1997, incident at a Smithsburg woman's apartment.

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The woman told deputies she was at a bar in Smithsburg on Oct. 22, 1997, for pool league practice when Martin came in around 8 p.m., police reports said.

A short time later, she returned to her apartment, left the door unlocked for her boyfriend and went to bed, police reports said.

While she was asleep, she heard a person come to her room and get into her bed but thought it was her boyfriend until he grabbed her hair and tried to kiss her, police reports said.

The victim told police that she discovered a partially clothed man in her bed and ordered him to get out. The man began striking and biting her and touching her genital area, police reports said.

She told deputies she fought off his attempts to have intercourse and oral sex with her, and fled downstairs to a friend's apartment, police reports said.

Martin's attorney, Thomas Nikirk of Frederick, told Boone that Martin and the victim had been lovers until a few weeks before the incident.

"He would often sleep at her house and that's almost what happened this night," Nikirk said.

Nikirk admitted Martin had been drinking on the night in question.

Lochbaum showed Boone pictures of the victim showing multiple bruises. The woman has since relocated to North Carolina with her four children.

When contacted about the allegations, Martin allegedly told deputies he came into the victim's bedroom and she began "coming on" to him. He denied hitting her and forcing her to have sex, police reports said.

Martin, of 8022 A Old Hagerstown Road, was charged in December 1997 and has been held without bond at the Washington County Detention Center since then.

Martin told Boone he plans to do something about his drinking problem when released.

A 10-year concurrent sentence was imposed for second-degree assault and another two-year concurrent sentence for a violation of probation.

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