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Hagerstown man gets 3 years for damaging vehicle

April 20, 2010

HAGERSTOWN -- A Hagerstown man with a lengthy record of criminal convictions was sentenced Monday in Washington County Circuit Court to three years in prison for damaging a vehicle.

Milton Darrell Perry, 37, whose last known address was 14 Randolph Ave., pleaded guilty to malicious destruction of property worth more than $500 before Circuit Judge John H. McDowell, who noted that Perry had 11 previous criminal convictions.

In exchange for the plea, charges against Perry of willful damage to a motor vehicle and being a rogue and vagabond were dismissed, according to court records.

"The state's recommending only a 90-day sentence?" McDowell asked during a hearing for the plea agreement and sentencing.

Assistant State's Attorney Christopher McCormack replied that he had not been part of the plea negotiations.

"You're in prison now for the exact same thing that brings you here today," McDowell told Perry, noting that Perry was incarcerated for violating probation on a 2008 malicious destruction of property conviction.

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The incident to which Perry pleaded guilty Monday occurred May 11, 2009, in the parking lot of Washington County Hospital, according to the application for statement of charges filed by the Hagerstown Police Department.

A surveillance camera videotaped a man and a woman getting out of a van, walking up to another vehicle and then walking away, the application said. The man then returned to the vehicle, smashed a window and reached inside before walking away, the application said.

The man and woman then walked into the pharmacy of the hospital, where surveillance video recorded the man picking up a prescription, according to the application for statement of charges. The pharmacist was able to identify Perry as the man who picked up the prescription, the application said.

McDowell signed a judgment in favor of the victim, Terese L. Powell, ordering Perry to pay her restitution for the $2,430.31 in damage to her vehicle. However, the judge said it would be "a pipe dream" to expect payment from Perry.

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