Defendant

Victim's dad defends defendant By JULIE E. GREENE / julieg@herald-mail.com A Hagerstown man convicted of having sexual contact with a teenage girl had an unlikely defender in Washington County Circuit Court Thursday - the victim's father. The father asked Circuit Judge Donald Beachley for a lenient sentence. His wife, however, was vehement in asking for a harsher sentence. The man was living in the couple's home when the incident occurred. Beachley said it was the only time since he has been on the bench he had encountered such a difference of opinion between parents.

pepperb@herald-mail.com The decision of a Maryland jury to sentence a defendant convicted of first-degree murder to death must be weighed on the law - whether the offense meets the seriousness qualifications and whether the defendant is a serious threat to society. First-degree murder is defined as a deliberate, premeditated and willful killing; committed by lying in wait; committed by poison; or committed in the perpetration of or an attempt to perpetrate first-degree arson, first-, second- or third-degree burglary, carjacking or armed carjacking, kidnapping, mayhem, rape, robbery, first- or second-degree sex offense or sodomy, according to the Annotated Code of Maryland, Criminal Law Article, section 2-201.

Murder defendant shot at City Hospital Man charged in cow's deaths violates probation Cancer survivors and their supporters join Relay for Life Police: Self-inflicted injury preceded shooting at hospital Fatal train accident probe could take weeks

MARTINSBURG, W.Va. - A Berkeley County man was jailed Thursday on three felony counts of sexual abuse by a parent or guardian and a charge of failing to register as a convicted child abuser less than a month after being sentenced in another case involving a child, according to court records. The man's name is not being released because of his relationship with the victim, a 4-year-old girl. The defendant remained in jail Thursday night on a $160,000 cash-only bond set by Magistrate JoAnn Overington, according to court records.

By MARLO BARNHART Staff Writer A 30-year-old Sabillasville man, himself the victim of incest at a young age, was sentenced Tuesday in Washington County Circuit Court to five years in prison for sexually abusing his girlfriend's son. "I know what it feels like to have such things done to you as a child," the man told Judge John H. McDowell. "You think everyone can tell just by looking at you. " He pleaded guilty in Washington County Circuit Court April 8 to committing a third-degree sexual offense on the boy over a period from June 1994 to September 1996.

MARTINSBURG, W.Va. -- A man was arrested Friday at the Berkeley County Judicial Center after police found him with a poorly clothed child and in possession of a small amount of heroin and suboxone, a drug used for opioid addiction, according to court records. Arthur Lee Hairston Jr., 30, of 246 McGuire Lane in Gerrardstown, W.Va., was arraigned by Magistrate W. Randy Smith on misdemeanor counts of possession of a controlled substance and disorderly conduct, according to court records.

MARTINSBURG, W.Va. - A Hedgesville, W.Va., man who allegedly told police in January that he broke into "somewhere around 500 vehicles" within the last year was arraigned Thursday on multiple misdemeanor charges, according to court records. Joseph Wayne Kyne, 23, of 1439 Providence Church Road, was released on an $18,500 personal recognizance bond set by Magistrate Joan V. Bragg after she arraigned him on six counts of petit larceny and counts of attempted petit larceny and destruction of property, according to court records.

Delinquent teen returned from Noyes By MARLO BARNHART marlob@herald-mail.com A 12-year-old Hagerstown boy found delinquent last month for the second-degree assault of a Western Heights classmate has been returned to his grandmother's home Wednesday after a month at a Rockville, Md., detention center. "I learned a lot at Noyes," the boy told Washington County Circuit Judge Donald Beachley. "I just want one more chance to go home. " No longer able to attend Western Heights Middle School, the seventh-grader will be assigned a new school by school officials.

MARTINSBURG, W.Va. -- A lieutenant with the Martinsburg Police Department was placed on administrative leave with pay after he allegedly assaulted another man during an off-duty incident at a church last week, according to police and court records. John Sherman Jr.'s arraignment Monday morning on one misdemeanor count of battery by Berkeley County Magistrate Sandra L. Miller was announced by Martinsburg Police Chief T.C. "Ted" Anderson in a news release. Sherman, 45, of 114 Turf Drive, Martinsburg, did not deny striking the victim, Larry "Tike" Murphy, Thursday evening at Martinsburg Church of Christ, 9512 Tuscarora Pike, but never stated that he hit him either, according to a complaint by West Virginia State Police Trooper J.B. Flanigan.

A 35-year-old man is accused of attacking a sleeping man early Monday after the victim's residence was broken into through a basement window, according to Berkeley County Magistrate Court records. Daniel Barry Shipley was arraigned Monday by Magistrate Sandra L. Miller on charges of burglary, battery, carrying a deadly weapon and obstructing an officer, according to court documents. Shipley had no fixed address, according to court documents. Martinsburg Police Department Patrol Officer E.C. Neely responded to a reported fight in progress in the 100 block of Gussie Avenue in Martinsburg at 2:12 a.m. and found that the victim's face was bloodied, according to court documents.

When you see Hammerhead, Ox, Hardcore and the rest of the Defenders rumbling through your town, just remember this: They aren't looking to make trouble. Because most of them are police officers and first responders, their day jobs usually involve putting an end to trouble. Seven members and an associate of the Defenders Law Enforcement Motorcycle Club's 56th and newest chapter, the Mason-Dixon Chapter, donned their colors and mounted their Harleys on Saturday for a ride through the county.

A Waynesboro (Pa.) Borough Council member who was charged in a bar fight in Martinsburg that  left a man with brain damage in 2011 faces a possible one-year jail sentence under terms of a plea agreement reached in the case. Craig L. Newcomer, 48, has agreed to enter a guilty plea a misdemeanor count of battery, Berkeley County Prosecuting Attorney Pamela Games-Neely told 23rd Judicial Circuit judge Christopher C. Wilkes on Thursday. Newcomer may be able to enter the plea and then be sentenced on April 29 if Wilkes allows the defendant to plead guilty to the lesser offense.

The trial for two men charged in the May 2011 death of the mother of one of the men was postponed again Thursday to allow more time for evidence to be reviewed in the case. The trial for Joshua L. Stitley, 34, of Hancock, and Roy L. Wisotzkey, 35, of Hagerstown, was rescheduled for July 30 by presiding 23rd Judicial Circuit Judge Christopher C. Wilkes.   Berkeley County Prosecuting Attorney Pamela Games-Neely told Wilkes on Thursday that she did not object to the defense motion.

Monday, February 4, 2013 PREP WRESTLING North Hagerstown earned the right to defend its region duals title, getting the third seed for Wednesday's Maryland Class 4A-3A West dual-meet championships at Damascus High School. The Hubs, who are 12-2 (not counting dual-meet tournaments), will face second-seeded Bethesda-Chevy Chase (13-1) in the semifinals at 5:30 p.m. In the other semifinal at 5:30, top-seeded Damascus (14-0) will take on fourth-seeded Wootton (12-2). The two semifinal winners then will wrestle for the title at 7:30, with the champion advancing to the state duals Saturday at North Point High School in Waldorf.

An attorney representing a Hedgesville, W.Va.-area gun range told the Berkeley County Planning Commission Monday night that the business owner believes it is in compliance with county regulations. Tango Down Range at 1391 Allensville Road has been targeted by nearby residents who have aired safety and noise concerns. Attorney Charles S. Trump IV said his client “absolutely wants to comply with the law and certainly has.” Trump said the business owned by Jimmy McWilliams has been operating on a shale pit site owned by Robert Butts, who still mines shale from the property nearby.

A 35-year-old man is accused of attacking a sleeping man early Monday after the victim's residence was broken into through a basement window, according to Berkeley County Magistrate Court records. Daniel Barry Shipley was arraigned Monday by Magistrate Sandra L. Miller on charges of burglary, battery, carrying a deadly weapon and obstructing an officer, according to court documents. Shipley had no fixed address, according to court documents. Martinsburg Police Department Patrol Officer E.C. Neely responded to a reported fight in progress in the 100 block of Gussie Avenue in Martinsburg at 2:12 a.m. and found that the victim's face was bloodied, according to court documents.

The trial for two people charged in the New Year's Day death of a 3-year-old boy was reset for April 1, 2013, to give experts for the state time to evaluate one of the defendants and to review a file in an abuse and neglect proceeding. James N. Mauldin, 21, and Jasmine K. Dawkins, 23, were indicted in May on one count of death of a child by parent, guardian and/or custodian by child abuse, two counts of gross child neglect creating substantial risk of serious bodily injury and one count of presentation of false information regarding a child's injuries in the death of Kaiwon Connelly.

Berkeley County officials maintained their decision to eliminate an employee's position was handled properly after the affected employee publicly criticized them Thursday. In prepared remarks, Dennis M. Drummond said the county failed to adhere to its own procedures when his geographic information system technician position was eliminated last month. County officials cited a lack of work in deciding to eliminate the job last month. Drummond had been paid $25,448 in salary plus benefits, according to county officials.

Saturday, October 6, 2012 PREP CROSS COUNTRY FREDERICK, Md. - St. Maria Goretti senior Luke Daigneault won the individual title and led the Goretti boys to a successful defense of their team title at the Independent Parochial School League Championships at Ballenger Creek Park on Saturday.  Daigneault, who covered the 3.2-mile layout in 17:28, was joined on the All-League team by teammates Patrick Jones (18:15) and Kevin Proctor (18:22) who finished third and fourth.

A forensic pathologist offered testimony Tuesday as a Franklin County (Pa.) Court of Common Pleas judge assesses whether a man accused of killing his mother is mentally competent to stand trial this December. Marcus Wallace, 41, is charged with first-degree murder, second-degree murder, burglary, criminal trespass, criminal mischief, attempted criminal homicide and aggravated assault. Prosecutors, who are seeking the death penalty, say Wallace attacked his mother, Consuella Wallace, in her Hamilton Township, Pa., home Dec. 10, 2009.