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Officer named as assault victim resigns

December 31, 2008

HAGERSTOWN -- The correctional officer named as the victim of an assault by an inmate in charging documents filed Dec. 16 in Washington County Circuit Court has resigned, a Department of Public Safety and Correctional Services spokesman said Wednesday.

Spokesman Mark Vernarelli confirmed that Timothy Mellott, the assault victim, had been a correctional officer at Roxbury Correctional Institution south of Hagerstown. Mellott resigned, but Vernarelli could not disclose when or why, he said.

Charges against Kenneth Davis, 42, a former Roxbury Correctional Institution inmate who was accused of assaulting Mellott at the prison, were dropped Tuesday in Washington County Circuit Court.

Davis had been charged with second-degree assault on a Division of Correction employee and reckless endangerment. Upon review, prosecutors decided to dismiss the case against Davis.

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Washington County Deputy State's Attorney Joseph Michael said Tuesday that Davis was involved in an altercation with staff, and that he later ended up in the hospital after a severe beating. The incident is under investigation by the office of the Maryland Attorney General, Michael said.

Davis is expected to be a witness when the attorney general presses charges in connection with "his own beating," but there was no agreement that charges against Davis would be dropped if he testified, Michael said Tuesday.

-- Erin Julius

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