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Witnesses fail to appear at trial of a Hagerstown man accused of assault with a handgun

Judge grants continuance in trial of Gary Lee Washington Jr., rescheduling it for May 24

May 01, 2012|By DON AINES | dona@herald-mail.com

A Washington County Circuit Court judge Tuesday postponed the trial of a Hagerstown man accused of assault with a handgun after four prosecution witnesses, including two victims, failed to appear.

Gary Lee Washington Jr., 31, of 115 Church St. is charged with first- and second-degree assault, reckless endangerment, being a felon in possession of a handgun, use of a firearm in a crime of violence and carrying a handgun, according to court records.

Judge Donald E. Beachley granted a request by Assistant State’s Attorney Michele Hansen for a continuance, rescheduling the trial for May 24.

The incident was reported on Nov. 20, 2011, when Hagerstown police went to North Mulberry Street for a report of an assault with a handgun, according to the statement of probable cause.

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Kevin Tyrone Davis told police the alleged assault had occurred in an apartment at 219 N. Mulberry St., the charging documents said.

Davis identified Washington as one of two men in the apartment armed with handguns, the documents said.

Davis said he was accompanied by Douglas Trent when he went to the apartment to visit his son, the documents said.

Davis told police that when he and Trent entered the apartment, Washington and the other man, identified as Bryant Daniel Breland, pulled handguns. Breland then allegedly put his gun to Davis’ temple, the documents said.

Washington told officers he was in the apartment with his girlfriend when a man kicked in the door, the documents said.

Washington has felony convictions between 1997 and 2005, including convictions for handgun and drug crimes, the documents said.

Breland has a 2005 felony conviction in Baltimore County, the documents said.

Breland faces the same charges as Washington. His next court appearance is scheduled for June 14.

Beachley ordered “body attachments” for Davis, Trent and two other state witnesses who failed to appear.

A body attachment is a court order that they be brought before a judge promptly to determine why they did not appear in court as required under the subpoena.

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