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Case of two men charged in armed scuffle postponed

January 07, 2013|By DON AINES | dona@herald-mail.com

The cases of two Hagerstown men, both charged with handgun and assault charges in an incident in which they allegedly were the perpetrator and victim, were postponed Monday in Washington County Circuit Court when a state witness failed to appear for one defendant’s trial.

Eric Shaquille Baymon, 19, of 42 E. Washington St., Apartment 3, is charged with first- and second-degree assault, reckless endangerment, use of a firearm in a crime of violence, illegal possession of a firearm and carrying a handgun in the April 1, 2012, incident on East Lee Street, court records said.

Giancarlos 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 carrying a handgun.

Baymon was scheduled for a jury trial Monday and Badia also was in court for his case.

However, a state witness in Baymon’s case, Michael Andrew Johnson, was not present. Washington County Circuit Judge Dana Moylan Wright ordered a body attachment for Johnson — an order to have him brought before a judge to explain his absence.

That resulted in a postponement of Baymon’s trial until Jan. 23. Wright also granted a postponement of Badia’s case until the same day after a request by Assistant State’s Attorney Christopher McCormack, who told the judge he wanted to delay that case until Baymon’s is resolved.

Hagerstown police went to Lee Street on the night of April 11 for a report of a shot fired, and found a shell casing and blood on the sidewalk.

Investigators allege Baymon went to Lee Street for a drug deal and planned to rob Badia, charging documents said. When he pulled a gun on Badia, a struggle ensued between the two men and the gun went off, the documents 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 a car in which Baymon arrived at Lee Street, charging documents said.

Baymon got back in the car and told the occupants that Badia “got my gun,” charging documents said.

Badia is out on bond pending trial and Baymon has been in jail since the incident, court records show.

Baymon is scheduled for a violation-of-probation hearing in February for a second-degree assault, a charge that stemmed from an attempted holdup of the Nadia convenience store in Hagerstown in February 2011.

Baymon, who at the time was a basketball player for Greencastle-Antrim High School in Greencastle, Pa., received a 10-year sentence, all but one day of which was suspended, court records said.

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