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Former Hagerstown man sentenced to 10 years on probation violation

June 10, 2013|By DON AINES | dona@herald-mail.com

A Washington County Circuit Court judge Monday added 10 more years to the prison term of a Hagerstown man sentenced last month to eight years in state prison for a 2012 assault involving a handgun after he was found in violation of probation in a 2011 assault case.

Eric Shaquille Baymon, 20, formerly of 42 E. Washington St., Apt. 3, was convicted by a jury in January of first-degree assault, use of a handgun in a crime of violence and other offenses for an April 11, 2012, incident near the intersection of Lee and Potomac streets in which a gun was fired, according to court records.

Baymon went there to buy marijuana from Giancarlos Badia, but instead tried to steal it at gunpoint, according to charging documents filed by Hagerstown police. In the ensuing struggle, the gun went off, and Baymon fled, the documents said.

Badia received a suspended sentence earlier this year after pleading guilty to reckless endangerment, court records said.

In May, Circuit Court Judge Dana Moylan Wright sentenced Baymon to 15 years, suspending seven years, Assistant State’s Attorney Christopher McCormack told Circuit Court Judge John H. McDowell at Monday’s probation violation hearing.

Because of the handgun conviction, Baymon will not be eligible for parole for the first five years in prison, McCormack told the court.

In February 2011, Baymon and a juvenile were charged with an attempted robbery and assault at the Nadia Convenience Store in Hagerstown.

Baymon, who was a Greencastle-Antrim High School basketball player at the time, later entered an Alford plea to second-degree assault before McDowell, who sentenced him to 10 years in prison, suspending all but one day.

An Alford plea in not an acknowledgment of guilt, but an admission by a defendant that the prosecution has sufficient evidence to gain a conviction.

McCormack asked McDowell to impose all the backup time on the 2011 case, telling him Baymon was now convicted of two crimes involving guns.

“He is a danger to this community. Anyone who was trying to do the right thing wouldn’t have jaywalked, wouldn’t have spit on the sidewalk” after that first conviction, McCormack said.

Baymon denies his guilt in both the 2011 and 2012 cases, and denied violating probation in the 2011 case, Assistant Public Defender Robert Sheehan told McDowell.

Baymon, who went on the complete his high school education and was enrolled in college at the time of his 2012 offense, is appealing his January jury conviction, Sheehan said.

Baymon asked McDowell for a concurrent sentence if the judge found him in violation.

McDowell found Baymon violated probation by not obeying all laws and imposed a sentence of nine years and 364 days consecutive to the eight-year sentence he received in May.

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