Missing witnesses delay trial for teen charged with attempted murder

Maurice Davoughn McMillan faces numerous charges in stabbing of Jarvel Fostion

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

Submitted photo

The defendant and the victim were both in jail and available for trial, but five prosecution witnesses failed to show Tuesday in Washington County Circuit Court, delaying for two months the trial of a 16-year-old city teen charged with attempted murder.

Maurice Davoughn McMillan, of 623 N. Locust St. in Hagerstown is charged with second-degree attempted murder, first- and second-degree assault and reckless endangerment in the Oct. 9, 2011, stabbing of Jarvel Fostion.

Fostion, 18, of 106 W. Bethel St., Apt. B, Hagerstown, was stabbed five times in the torso, according to city police charging documents.

Fostion was jailed April 20, 2012, for allegedly pulling a handgun on a Hagerstown police officer.

Assistant State’s Attorney Michele Hansen requested a continuance from Judge Donald E. Beachley because five state witnesses, all of whom had been subpoenaed, were not in court.

Beachley granted the motion and rescheduled the trial for July 5.

The missing people were all witnesses to the assault McMillan is alleged to have committed on Fostion, Hansen said after the hearing.

One of the witnesses apparently did not appear because she had not been transported from a state Department of Juvenile Services facility, Hansen said.

Beachley ordered “body attachments” against the missing witnesses — a court order that they be brought before a judge promptly to determine why they did not appear in court as required under the subpoenas.

The subpoenas will remain in effect, he said.

“This is really unusual,” said Beachley, who also granted a continuance in an unrelated case Tuesday morning because four prosecution witnesses, including two victims, did not appear to testify in the case of a man charged with assault with a handgun.

McMillan’s attorney, Robin Ficker, objected to the continuance, asking that the jury trial proceed.

He also complained to Beachley that another judge had quashed his subpoena for Assistant State’s Attorney Gina Cirincion to appear as a defense witness.

After the continuance was granted, Ficker said Cirincion had made remarks at Fostion’s bond review that indicated he was part of a gang and that she had knowledge of Fostion’s “aggressive tendencies.”

Police charging documents said that Fostion approached McMillan in front of McMillan’s home on Oct. 9.

The two had been arguing through text messages that night over McMillan allegedly stealing property from Fostion’s friends, the documents said.

An argument broke out that escalated into a fight, and Fostion was stabbed, the documents said.

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