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Plea deal entered in slaying

March 26, 2001

Plea deal entered in slaying



By SCOTT BUTKI

scottb@herald-mail.com

A Boonsboro man who had faced murder charges in connection with a Williamsport slaying entered a plea Monday to a lesser charge of conspiracy to kidnap.

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Douglas Lee Hevener, 20, of Boonsboro, entered an Alford plea to the conspiracy charge.

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

Hevener had been scheduled to go on trial Monday on first- and second-degree murder charges in the death of Tony Lee Carbaugh.

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But a plea agreement was reached before the proceedings began.

Washington County State's Attorney Kenneth Long could not be reached for comment after the court proceedings.

Washington County Circuit Judge Frederick Wright ordered Hevener held without bond. No sentencing date was immediately set.

Carbaugh, 18, was found dead in Williamsport on Aug. 12, allegedly beaten to death in a dispute over drugs, according to allegations contained in court documents.

Murder charges in the death also had been filed against three other men: Harlan Coleburn Hoover, 21, of no fixed address; Aaron H. Chertoff, 19, of Hagerstown, and James Wellington Tosten, 22, of Hagerstown.

Those charges were later dismissed because of insufficient evidence, Long has said.

Carbaugh's body was found over an embankment near the iron bridge on Kemp's Mill Road in Williamsport. An autopsy determined he died of head injuries.

Carbaugh, who had moved from Spencer, W.Va., shortly before his death, was staying with his uncle at 314 Buena Vista St. in Hagerstown.

Tosten and Hoover were questioned by police and denied any involvement in the death, court documents said.

When deputies questioned Hevener, he told them that Hoover sold marijuana to Carbaugh about two weeks earlier and that Carbaugh confronted Hoover two days later claiming he had been short-changed, the documents contended.

Last summer, Hevener told police that he drove Tosten, Hoover and Chertoff to the West End housing development in Hagerstown to find Carbaugh and beat him up, court documents alleged.

Hevener has said that he never hurt Carbaugh, Long said in court. He also did not try to stop the beating, Long said.

Hevener told police he stopped the car when they saw Carbaugh walking on Concord Street. Chertoff, Tosten and Hoover got out, grabbed Carbaugh and began beating him, then put Carbaugh in the back seat and continued to beat him as Hevener drove away, court documents alleged.

When they pulled up near an embankment, Hevener said he stayed in the car while the others got out, Long said.

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