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Judge denies defense motion to suppress statements defendant made to police

Eric Shaquille Baymon is charged with first- and second-degree assault, reckless endangerment and discharging a firearm in downtown Hagerstown incident

August 21, 2012|By DON AINES | dona@herald-mail.com
  • Eric Shaquille Baymon
Submitted photo

A Washington County Circuit Court judge on Tuesday denied a defense motion to suppress statements Eric Shaquille Baymon made to police following an April incident in which a shot was fired and Baymon sustained a concussion in a struggle for the gun.

Baymon, 19, of 42 E. Washington St., Apt. 3, is charged with first- and second-degree assault, reckless endangerment and discharging a firearm in the April 11 incident on East Lee Street.

Baymon is a defendant and an alleged victim in the shooting, in which another man, Giancarlos Badia, is charged.

Badia, 22, of 272 S. Potomac St., is charged with two counts each of first- and second-degree assault and reckless endangerment, and single counts of using a firearm in a crime of violence and having a handgun on his person. Among the alleged victims in Badia’s case is Baymon.

Badia also was scheduled Tuesday for a pretrial hearing in his case, but the motion was withdrawn, court records said.

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Badia and Baymon are scheduled for separate trials Tuesday, Aug. 28, court records said.

Hagerstown police were called to the scene at about 10:15 p.m., and found a shell casing and blood on the sidewalk, according to charging documents.

Investigators allege Baymon went to East Lee Street for a drug deal and planned to rob Badia, the charging document said. When he pulled a gun on Badia, a struggle ensued and it went off, the document said.

Badia slammed Baymon’s head into the sidewalk and took the gun, which witnesses said he tried to fire at Baymon and the occupants of the car in which he arrived, the charging document said. However, the gun jammed, the document said.

Baymon got back in the car and told his companions that Badia “got my gun,” the charging document said.

Assistant Public Defender Carl Creeden told Judge John H. McDowell that Baymon’s statements were not voluntary due to his medical and physical condition when he was questioned by police on the morning of April 12 and again on April 13.

The interview videos were played in court and detectives advised Baymon that he should go to the hospital to be checked out for swelling at the base of his skull. Creeden said Baymon did so, was diagnosed with a mild concussion and was given medications.

“I got slammed on my head,” Baymon testified Tuesday.

After that, he was unconscious until he arrived at a friend’s house, Baymon testified.

“You say you’re unconscious in the car ... and none of those people drove you to the hospital?” Assistant State’s Attorney Christopher McCormack asked.

The videos show Baymon being read his Miranda rights during the interviews and denying he knew who assaulted him.

In denying the suppression motion, McDowell said the videos showed Baymon appeared to be coherent and responsive during questioning.

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