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Hagerstown man acquitted on burglary and assault charges

Gary Lee Plummer was taken back into custody because his bail had been revoked

December 22, 2010|By DON AINES | dona@herald-mail.com

WASHINGTON COUNTY — A Washington County Circuit jury Wednesday acquitted Gary Lee Plummer on fourth-degree burglary and second-degree assault charges, but the Hagerstown man was taken back into custody because his bail had been revoked for showing up  intoxicated in court earlier this week.

Plummer, 40, of 115 E. Franklin St., was scheduled for trial on Monday, but during a bench conference prior to its start, Circuit Judge W. Kennedy Boone III ordered a breath test be administered to Plummer, Deputy 1st Class Robert Long said.

 Plummer had a blood-alcohol level of 0.24 percent, Long said. The legal limit for intoxication in Maryland is 0.08 percent.

Boone postponed the trial and ordered Plummer's bail revoked in that case, as well as two other cases scheduled for February.

In the case tried Wednesday, Plummer was accused of trying to force his way into the apartment of a woman living in the same building on July 4, 2010, according to the application for statement of charges filed by Hagerstown police.

The woman was holding her infant daughter while she pushed against the door that Plummer was trying to force open, the charging documents said. The child was listed as the victim in the assault, having sustained a bruise on her forehead, the documents said.

When questioned about the incident later on July 4, Plummer yelled at one police officer and elbowed another in the stomach, according to the statement of probable cause filed in a separate case. Plummer was charged with second-degree assault in that incident and is scheduled for trial on Feb. 7, court documents said

Plummer also faces a Feb. 15 trial date on a charge of driving on a revoked license, court documents said.

Assistant Public Defender Robert Sheehan asked Judge Donald E. Beachley to reconsider Boone's bail revocation in light of Plummer's acquittal.

"You'll have to take it up with Judge Boone," Beachley said.

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