Men charged in weekend shooting waive extradition

November 28, 2011|By MATTHEW UMSTEAD |

MARTINSBURG, W.Va. —  Two Hagerstown men accused of shooting a Frederick, Md., man multiple times at a club in Berkeley County over the weekend waived extradition Monday in Washington County District Court.

Leon William Racks, 29, of 69 West Side Ave., and Joseph Wayne Mason, 27, of 923 Kenly Ave., are both charged in Berkeley County with malicious wounding in the shooting of Kevin R. Mullen, 28, which police said occurred about 2:50 a.m., Saturday, according to Berkeley County Magistrate Court records.

Racks and Mason, who were being held without bail in the Washington County Detention Center Monday night, appeared via closed-circuit TV Monday before Washington County District Court Judge Mark D. Thomas.

Mullen, who was found in the parking lot of Club Twisted at 5286 Williamsport Pike, appeared to have been shot multiple times in the stomach, according to court documents.

He was flown to a hospital outside of West Virginia that Berkeley County Sheriff’s Deputy Lt. Gary Harmison declined to identify Monday for security reasons.

Mullen, who underwent surgery for his injuries, was unable to speak to an investigator on Sunday, Harmison said. His injuries were not believed to be life threatening, Harmison said previously.

Racks and Mason were arrested by police about 30 minutes after the shooting while traveling in a green Honda on Virginia Avenue in Halfway at Lincoln Avenue, according to Washington County Sheriff Doug Mullendore.

A 24-year-old female passenger, who has not been charged, also was riding in the car, which Washington County Sheriff’s Deputy Cody Rhodes stopped at 3:21 a.m., court documents said.

Harmison said Monday that no firearm was found in the car, but police saw a bullet hole in the vehicle’s passenger side rear door and blood on the dashboard, also on the passenger side, the documents said.

A witness told police that Racks and Wilson were arguing with Mullen in the parking lot of the club just before the shooting, the documents said.

Berkeley County Sheriff’s Deputy Michael Buracker, who was parked across from the club, heard nine gunshots fired in the club’s parking lot, but a tour bus parked there blocked his view of the shooting location, the documents said.

Harmison said he was told about 400 tickets had been sold for a rap concert being held at the club.

After the shooting, a dark-colored Honda with significant front-end damage left the parking lot, as did the tour bus, while Buracker tended to the shooting victim, the documents said.

Maryland State Police caught up with the bus and stopped it at 4:09 a.m. on Interstate 70 in Frederick County, Md., after being alerted by Berkeley County authorities that possible armed and dangerous fugitives were onboard a charter bus from West Virginia that had left the scene of a shooting, police said.

The bus was stopped near Exit 56, and the driver was directed to the New Market scale-house parking lot, state police said in a news release.

Police shut down I-70 before passengers got off the bus in the interest of public safety for what was deemed a “high risk traffic stop.”

The bus was searched for firearms, but none was found, police said.

Police subsequently obtained a statement from a bus passenger that shots were fired from the passenger side of a dark-colored Honda in the club parking lot and that the passenger was wearing dark clothing, court documents said.

Shortly after eastbound motorists were stopped on I-70 due to the tour bus being unloaded, a person driving a van crashed into a Toyota Corolla that was slowing down due to the traffic stop, causing a chain-reaction crash of four more vehicles, according to police.

Two Frederick residents, Selly Tle Sin Kai, 33, and Anis Mawi, 46, who were riding in the Toyota, died in the pileup, and eight others were injured, police said.

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