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Man gets five years in February shooting

October 03, 2004|by PEPPER BALLARD

pepperb@herald-mail.com

A Hagerstown man was sentenced to five years in prison Thursday in connection with a Feb. 4 shooting in downtown Hagerstown.

Terrell Devon Rivers, 21, whose last known address before his arrest was 251/2 W. Franklin St., was charged with attempted first-degree murder, attempted second-degree murder, first-degree assault, second-degree assault, reckless endangerment and several handgun-related charges in the Feb. 4 shooting.

He pleaded guilty to the reckless endangerment charge on Thursday and was sentenced by Washington County Circuit Judge John H. McDowell to serve the maximum sentence of five years in state prison on the charge. All other charges were dropped in exchange for the plea.

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Washington County Assistant State's Attorney Gina Cirincion said that Rivers had two prior convictions, both in 2001, related to drug charges.

She said that Rivers was on probation at the time of the shooting and had six years of an unserved suspended sentence remaining on an earlier conviction on a charge of possession with intent to distribute.

McDowell ordered that Rivers' sentence on Thursday's reckless endangerment conviction be served consecutively to outstanding or unserved sentences.

The shooting victim told police two days after he was shot in the back that he went on Feb. 4 to the rear of Rivers' address to buy drugs, but when he saw the man who approached his car, he realized it was not someone with whom he intended to deal, according to charging documents.

The man, later identified as Rivers, said that the victim previously ripped him off, walked into his residence and returned with a gun, which he pointed at the victim, again accusing him of ripping him off, according to charging documents.

When the victim saw the gun, he started to drive off, but as he pulled away, he heard shots hitting his car and then felt one hit his back, according to charging documents. The victim did not seek medical treatment, according to charging documents.

On Thursday, Cirincion said, "The victim was so concerned about being shot in the back that he tried to buy drugs again that night."

Deputy District Public Defender Mary Riley, Rivers' attorney, asked McDowell to consider that when sentencing her client.

"This is certainly not the kind of assault that the court sometimes sees with a totally innocent victim," she said.

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