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Teen charged as adult after BB gun pointed at police officers

November 07, 2011|By DON AINES | dona@herald-mail.com

Hagerstown Police on Monday charged a teenager as an adult with first-degree assault after he allegedly pointed what appeared to be a handgun at plainclothes officers.

Roy Dwight Winston Jr., 17, of 321 Devonshire Road, Hagerstown, was charged with two counts each of first- and second-degree assault and reckless endangerment, along with single counts of carrying a concealed weapon and carrying a firearm or other weapons within city limits in the 1 a.m. incident in the 800 block of West Washington Street, police said in an emailed release.

Winston was charged as an adult because of the severity of the incident, police said. A District Court commissioner set Winston’s bond at $50,000, which District Judge Mark D. Thomas maintained at a bond review hearing Monday afternoon.

Plainclothes officers were patrolling in the city’s West End when the officers saw two males walking on West Washington Street, police said. The officers drove up next to the males and one of the officers asked, “What’s up?” the statement of probable cause said.

One of the males responded with profanity, and the officers pulled over and watched the males through the rearview mirror, the charging document said. The officers saw one male pass what appeared to be a handgun to the other male, the document said.

The officers turned their vehicle around, called for additional police and continued to watch the males, police said. The males walked backward away from the officers, continuing to face them, and one pulled the gun and pointed it at the officers, police said.

The male “flashed gang signs” and waved the gun up and down as it was pointed at the officers, the charging document said.

When other police arrived, the officers identified themselves and ordered the males to the ground, but they ran, the charging document said. The male with the gun ran and then slowed to a fast walk, the document said.

An officer ordered him at gunpoint to stop, but the male turned away from him “and reached for the area of his waistband,” the charging document said. The officer told the male, identified as Winston, to lie down on the ground or “he would face lethal force,” the document said.

The black and silver gun was found to be a BB gun, but the officers had no way of knowing that, the charging document said.

“While Winston was waving the gun at me, I fully believed that the gun was real, and I was in immediate danger of being fired upon,” one officer wrote in the charging document. The other officer also believed the gun to be a firearm, the document said.

Winston was being held Monday at the Washington County Detention Center, police said. The second male had not been identified or found late Monday, police said.

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