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Former Boonsboro man convicted of failing to obey lawful order and possession

Judge sentenced Donald Marcus Ricketts II to 30 days in jail for failure to obey a lawful order

May 23, 2012|By DON AINES | dona@herald-mail.com

A Washington County Circuit jury Tuesday convicted a former Boonsboro man of failing to obey a lawful order and possession of Oxycodone, but did not have to consider whether the man committed assault when a Hagerstown police officer broke his hand on his face.

Donald Marcus Ricketts II, 23, now of Greencastle, Pa., had been charged with second-degree assault on a law-enforcement officer in a July 11, 2011, incident that occurred on the 500 block of Salem Avenue in Hagerstown.

Police had gone to the address at about 5 a.m. for a report of a disturbance, according to trial testimony.

Officer Casey Constable testified that a dispatcher told him a woman called saying she had a protective order against a man who was at her home. 

Constable testified that Oxycodone tablets were found on Ricketts when he was searched after his arrest.
Officer Travis Crouse testified that Ricketts ignored commands by Constable to quiet down and sit on a concrete retaining wall.

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“I put both hands on his shoulders and told him to sit down and relax,” Crouse testified.

Ricketts responded by pushing Crouse in the chest and clenching his fists, Course testified. Crouse said he then punched Ricketts in the side of the head.

Ricketts fell to the ground and was taken into custody, Crouse testified.

Crouse said he felt pain in his hand and later found he had broken a bone.

“There has to be a substantial physical injury, and it has to be caused by my client,” Assistant Public Defender Kathleen McClernan told Washington County Circuit Judge M. Kenneth Long Jr.

“He broke his hand on my client’s face,” she said, asking Long for a judgment of acquittal on the assault charge.

Assistant State’s Attorney Brett Wilson argued that the jury should be allowed to consider whether to convict Ricketts of general second-degree assault.

Long did not allow that, Wilson said after the trial.

The judge said he was satisfied Ricketts did not intentionally injure Crouse. He also granted a judgment of acquittal on a disorderly conduct charge because the prosecution presented no evidence that anyone’s peace had been disturbed.

However, Long rejected McClernan’s argument that Ricketts was arrested illegally.

After the conviction, Long sentenced Ricketts to 30 days in jail for failure to obey a lawful order, adding a one-year consecutive suspended sentence for possession of Oxycodone, Wilson said.

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