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Two men still in jail after separate domestic events

August 13, 2003|by BRIAN SHAPPELL

shappell@herald-mail.com

Two Hagerstown-area men remained jailed Tuesday following separate incidents in which police alleged that women were held against their wills a day earlier.

Washington County District Judge Noel Spence on Tuesday ordered Shawn Orion Osborne, 30, of 11339 Rock Hill Road, to remain jailed without bond.

In a separate bond hearing, Spence refused to lower the $1,010,000 bond set for Timothy I. Zirkle Jr., 30, of 20210 Kelly's Lane.

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Osborne was taken into custody Monday after a standoff with police in a home on South Potomac Street in Hagerstown.

Troopers converged on the South Potomac Street home at about 1 p.m. after a woman's brother, who was contacted by a worried co-worker, spotted vehicles belonging to Osborne and his missing sister, Maryland State Police said.

Police said they went into the home, with Osborne's father, and saw two people in a bedroom. The woman ran and told troopers Osborne had a gun, according to police.

Police alleged that Osborne refused to remove his hands from below a mattress. Officers went outside and considered the incident to be a barricade situation, police said. Osborne's father remained inside the residence against the command of the troopers, police said.

Osborne, accompanied by his father, later surrendered, police said.

Osborne was charged with false imprisonment, first- and second-degree rape, sex offenses and assault, according to court records.

Osborne told police he did not hold the woman hostage, according to police.

Osborne was arraigned Monday evening before District Court Commissioner Kathy McCrea.

The maximum penalty for a first-degree rape conviction is life in prison. First-degree assault and second-degree rape convictions carry a maximum penalty of 20 years in prison.

Osborne has a list of convictions in Washington County, Virginia and Louisiana. Among the charges resulting in convictions against him are second-degree assault, drug possession, harassment, violation of probation and driving under the influence.

At his bond review hearing Tuesday, Osborne told Spence he has agreed to take a polygraph test on the charges lodged Monday.

Zirkle denied guilt during a bond review hearing that followed Osborne's.

Zirkle allegedly assaulted his wife, Kelly Zirkle, 33, at the couple's Kelly Lane home.

"He's a danger to that entire family," Rozes said at Tuesday's hearing.

Sheriff's deputies charged Zirkle with kidnapping, first- and second-degree assault and reckless endangerment, court records say.

A press release from the Washington County Sheriff's Department alleged that at about 5:30 a.m. Monday, Timothy Zirkle cut the phone wires outside the Robinwood-area home, kicked in the door and threatened his estranged wife, saying he had a gun. Zirkle later allegedly put a knife to her throat, deputies alleged.

Deputies were told of the situation by a third party whom Kelly Zirkle called from a pay phone as Timothy Zirkle watched, deputies said. The third party said the woman used a password the two had established earlier for her to use if she was in trouble, deputies said.

Court records said Kelly Zirkle told police her husband said "it's going to get messy" if police came to the house.

Officers arrived at around 6:30 a.m. and heard screams for help, according to records. When deputies entered the home, Kelly Zirkle pointed to the stairs and said, "He has my kids upstairs, and he has a gun," records allege. Timothy Zirkle, who was found holding one child and was within feet of another, both under 5 years old, surrendered without further incident, according to records.

Timothy Zirkle was wanted on an alleged probation violation, records say.

A conviction on a kidnapping charge carries a maximum penalty of 30 years in prison.

Zirkle was convicted of second-degree assault in connection with a Feb. 1, 2001, incident in which he kicked in the door and shoved his wife into the wall, court records allege.

Hours after he was released on personal recognizance, Zirkle returned to the home and dragged his wife into his car, records allege.

Charges of false imprisonment and second-degree assault lodged in that incident were dropped as part of a plea agreement, records show.

Zirkle served 313 days in jail, records show.




Staff writer Laura Ernde contributed to this story.

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