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Hagerstown man sentenced to three years probation in plea agreement in 2012 shooting

April 01, 2013|By C.J. LOVELACE | cj.lovelace@herald-mail.com

A Hagerstown man entered a written guilty plea Monday in Washington County Circuit Court to a misdemeanor charge of reckless endangerment as part of a plea agreement related to the case against another man in a 2012 shooting incident.

Giancarlos Badia, 22, of 845 N. Mulberry St., was sentenced by Circuit Judge Daniel P. Dwyer to three years in state prison, but Dwyer suspended the sentence and placed Badia on three years’ probation. The first eight months of the probation are to be supervised, Dwyer ruled.

Dwyer told Badia that while on probation he is to have no direct or indirect contact with Eric Baymon, 20, who was found guilty of assault and weapons charges in January stemming from the April 11, 2012, incident in which a gun was discharged near the intersection of Lee and Potomac streets.

Badia also must testify truthfully in any trials against Baymon and not possess firearms during the duration of his probation, Dwyer said.

In the 2012 incident, Badia went to the intersection of Lee and Potomac streets to sell marijuana to an acquaintance, Assistant State’s Attorney Christopher McCormack said.

When Badia arrived, he was met by Baymon, who set up the meeting and pulled a gun on Badia, defense attorney John R. Salvatore said.

A struggle ensued and a gunshot was fired. A shell casing was recovered by police, according to court records.

Badia flipped Baymon to the ground and picked up the weapon, pointing it at a fleeing vehicle with several occupants who drove Baymon to the site, McCormack said.

Salvatore said Badia normally wears eyeglasses but they were knocked off during the scuffle. He said Badia was “scared to death” when he picked up the gun and pointed it.

Salvatore, who called Badia’s actions “a foolish mistake,” said Badia had refused to sell marijuana to Baymon, reiterating that he was set up.

Badia, who spent nearly three months in jail and lost his job at First Data as a result of the incident, showed remorse when speaking to Dwyer, saying he felt especially bad about disappointing his parents.

“I never want to go through (this) ever again,” he told Dwyer before sentencing.

Badia was due to pay $935 in court costs, but Dwyer ordered all but $200 suspended pending his completion of probation. Badia has until July 1 to pay the $200, Dwyer said.

In exchange for his testimony against Baymon, felony assault and other charges were dropped against Badia, Assistant Public Defender Carl Creeden said at Baymon’s trial in late January.

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