25 Apr Maryland case for murder and firearms offenses will go forward

On behalf of Jack B. Rubin, PA posted in Weapons Crimes on Friday, April 25, 2014.

In June of last year, an alleged road rage incident turned deadly. The drivers of the two vehicles involved nearly collided and caused the drivers to pull over onto the shoulder of a Maryland highway. One man ended up dead, and the other ended up facing a charge of murder in the first degree and firearms offenses.

The man who fired the shots, an off-duty detective from out-of-state, attempted to have the case against him dismissed because he claims the reporting officer misrepresented witness statements to the grand jury. The officer claimed witnesses told him that the deceased driver had his hands up prior to the shots being fired. The detective contends some of the witnesses he references did not even witness the shooting. The officer admitted this fact and admitted he may not have appropriately expressed himself to the grand jury.

The accused man also claims the officer failed to inform the grand jury that he was in fear for his life as well as the lives of his family members in his vehicle. The fact that the detective’s wife was the one who called 911 was also omitted. He says that the occupants of the other vehicle appeared to have been drinking on the day of the incident. The motion was denied, but he can still argue the point directly in court since it is his right to confront any witnesses against him.

The New Jersey detective, who works for the Hudson County Prosecutor’s Office, faces significant time in a Maryland prison if he is found guilty of the murder and firearms offenses with which he is charged. Fortunately, he will have the opportunity to defend himself before the court and to confront the officer regarding the apparent omissions and misrepresentations before the grand jury. Ultimately, if a reasonable doubt exists as to this man’s guilt, no conviction may be obtained.

Source: The Baltimore Sun, “Judge rejects motion to dismiss Arundel road-rage murder case involving N.J. officer“, Pamela Wood, April 23, 2014