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Judge says driver was 'rude' but not guilty

October 24, 2000

Judge says driver was 'rude' but not guilty



A Hagerstown men who was charged with three traffic offenses in an incident on Interstate 70 was found not guilty Tuesday in Washington County District Court.

Contacted after court recessed, Judge Noel Spence said he described Gary Christopher Yates as a rude and impolite driver at the hearing. But that didn't make him guilty of negligent driving, reckless driving and following too closely, the judge found.

Police said a motorist called the Frederick barracks on his cellular phone at 2 p.m. Aug. 2 to report that someone in a black BMW had run him off the road and had thrown something at his vehicle, court records said.

The motorist, who was traveling with two children, said he thought the vehicle's occupants had shot at him and he feared for his life.

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Maryland State Police in Frederick had the BMW driver pull over onto the shoulder of I-70 in Frederick County.

The driver, Yates, 28, and passenger Marshall Hayne Barkman, 32, both of Hagerstown, denied any road-rage allegations when they were stopped, police said in their reports.

In Frederick County, the men consented to a search of the vehicle. Police alleged the search turned up a plastic baggie containing marijuana and charged them both.

Barkman is awaiting a trial on malicious destruction of property charges in Washington County District Court on Nov. 2, according to court records.

No information was obtained Tuesday on the outcome of the drug charges from Frederick County.

- Marlo Barnhart

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