Man shot in confrontation with police faces arrest after hospital treatment

August 29, 2012|By DAN DEARTH |

HAGERSTOWN — A Myersville, Md., man who was shot by police officers last spring when he allegedly pulled a gun on them at the park-and-ride near Boonsboro will be arrested upon his release from a Baltimore hospital.

Washington County District Judge R. Noel Spence issued two bench warrants for the arrest of James Jacob Jardina, 45, during a Tuesday hearing.

Jardina has been hospitalized since he was shot June 10 at the park-and-ride off Mapleville Road.

“We would be asking for a bench warrant ... that can be served when he’s released from the hospital,” Washington County Assistant State’s Attorney Leon Debes told Spence.

Debes said after the hearing that the bench warrants were issued in connection with two domestic violence cases filed in May before the shooting.

Jardina was charged in the domestic violence cases with one count each of second-degree assault, stalking and harassment by following another person, and two counts of violating a protection order.

Washington County Sheriff Douglas Mullendore said Tuesday that Jardina won’t be charged in connection with the shooting until his condition improves.

“He’s not going anywhere,” Mullendore said.

Jardina was listed in fair condition Wednesday at R Adams Cowley Shock Trauma Center in Baltimore, a hospital spokeswoman said.

Jardina was shot four or five times by two officers who fired 33 shots from .223-caliber rifles, the Washington County Sheriff’s Office has said.

Police allege Jardina aimed a 9 mm Ruger at a deputy and a Maryland Department of Natural Resources Police officer when they confronted him at the park-and-ride.

Authorities had been searching for Jardina after he called his wife June 10, saying he was contemplating suicide. Officers spotted his pickup truck at the park-and-ride and approached the vehicle. The sheriff’s office said Jardina started to drive away, then stopped the vehicle, got out and pointed a gun at the officers.

The deputy fired 20 rounds, and the Natural Resources officer fired 13 rounds. It could not be determined which shots fired by the officers struck Jardina because the bullets were of the same caliber and were fragmented, the sheriff’s office said.

Mullendore said in June that Jardina was hit in the torso and hip areas.

The officers fired the semiautomatic rifles from a distance of 40 to 60 yards, Mullendore said. Use of the rifles is a normal protocol in high-threat situations, he said.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives determined Jardina’s weapon was stolen from a residence in Myersville. 

As a result of the shooting, both officers were placed on administrative leave pending an investigation. Mullendore said Tuesday the officers were cleared for active duty.

“They’ve been back to work for some time,” he said.

Authorities said at the time of the shooting that they believed Jardina was trying to commit suicide by pointing the gun at the officers.

Staff writer Don Aines contributed to this story.

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