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Judge recuses self from shooting hearing

January 24, 2011|By DON AINES | dona@herald-mail.com

A Washington County Circuit Court judge was asked Monday to recuse himself from hearing the case of a teenager charged in the accidental shooting of his 2-year-old brother last year.

Marcus D. Longus, 17, was due in court Monday for what would have been either a hearing before Circuit Judge W. Kennedy Boone III on whether to transfer his case to the juvenile court system or a suppression hearing, Assistant Public Defender Loren Villa said.

Villa asked that Boone recuse himself because he presided over a Child In Need of Assistance hearing involving the victim, Mario Longus. Boone agreed to recuse himself, Villa said.

Mario Longus was shot and critically injured in a Sept. 27, 2010, incident at his family’s apartment on Little Elliott Drive. Assistant State’s Attorney Brett Wilson said earlier this month that the child is in a rehabilitation facility.

After Boone agreed to recuse himself, the case was taken before Circuit Judge Daniel P. Dwyer, who granted Villa’s request for a continuance. No new date was set for the hearing, Villa said Monday afternoon.

Marcus Longus is charged with obstructing police, making false statements to police, theft, possession of a handgun by a minor, possession of a handgun by a delinquent and leaving a loaded firearm where an unsupervised minor could gain access, according to court records.

On the morning of Sept. 27, police were called to the apartment where Mario Longus had a gunshot wound to his chest, according to the statement of probable cause in the case. The toddler was in a bedroom with his older brother, 17-year-old Fantaisa Rivera, and two other people when he crawled under a bed, found the gun and shot himself, the statement said.

Marcus Longus and Rivera were charged as adults. Rivera, whom police accused of taking the gun and hiding in a playground before police arrived, had her case transferred to juvenile court last week.

The handgun was reported stolen from the vehicle of a federal law enforcement officer living in Keedysville, the statement said.

Marcus Longus was on community detention at the time of the shooting and was wearing an electronic monitor, Wilson said recently. He has been in the Washington County Detention Center since the shooting.

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