July 2010 Archives

July 26, 2010

Montgomery County Criminal Lawyer: Prosecutors Review Charges in Montgomery County Maryland Shooting

A Montgomery County man charged with murder after fatally shooting another armed man may have his charges reduced or dismissed after prosecutors have reviewed the evidence in the case. Larry A. Lamont, 27, was charged with first degree murder and the use of a handgun in a crime of violence after he shot and killed Marcus D. Duffin, 27, outside a Montgomery County residence.

After reviewing investigators' reports, prosecutors are anticipated to reduce or dismiss charges against Lamont, who was cooperative with authorities and immediately waived his Miranda rights to confess to the killing. Lamont told police that he shot Duffin after Duffin pulled a handgun on a third, unarmed man. If the first degree murder case goes to trial, Lamont's Maryland criminal lawyer could raise a "defense of others" argument, similar to a self-defense argument. Under Maryland law, a jury would acquit if they found that the defendant had a "reasonable belief that the third party was in imminent danger of bodily harm."

Lamont, who turned himself in to authorities shortly after the shooting, was cooperative with police, telling them his version of the events. He claims that Duffin and the third man were arguing when Duffin pulled a handgun and pointed it at the other man. Lamont fired, striking Duffin in the upper body and killing him. Lamont fled but turned himself in at a police station a short time later. Authorities report that Lamont appeared contrite and helpful during his confession.

At Lamont's bond hearing, Assistant State's Attorney Peter Feeney requested a delay while he reviewed the first degree murder charge, saying that the "viability" of the charges was questionable. Montgomery County District Judge Brian Kim granted a week's delay for a review of the investigation and charges.

This article is presented by Price Benowitz, LLP, a criminal defense firm serving Washington DC, Maryland, and Virginia. For more information, please visit our DC Criminal Defense Lawyer and Virginia Criminal Lawyer websites.

July 23, 2010

Montgomery County Criminal Attorney: Wonder Woman" Lynda Carter Altman Found Not Guilty in Barking Dog Complaint

Lynda Carter Altman, star of the 1970's television series "Wonder Woman," has been found not guilty of municipal charges after a neighbor's complaints about her barking dog landed her in a courtroom. Altman's Montgomery County criminal lawyer said that the prosecution brought insufficient evidence to convict her of allowing her dog to disturb the peace.

Charges came after Altman's neighbor reported to animal services that the actress' Labrador retriever barked all night and prevented her from sleeping. She claimed that she repeatedly attempted to contact Altman to ask her to keep the dog inside, but she was never able to reach the star. Animal services issued a barking dog citation to the actress based on the neighbor's complaints. The acting Montgomery County attorney brought the case to district court as a result of the citation.

After the trial, the actress and her husband had little to say about the case.

This is not the first time the former Miss World 1972 had made courtroom news. In 1992, Lynda Carter Altman's husband, attorney Robert Altman, was found not guilty of eight felony charges of securities fraud after a lengthy and highly-publicized trial. In 2008, the actress found the body of a Washington DC woman floating in the Potomac River. She called out to nearby fishermen for help and waited on the scene until police arrived.

This article is presented by Price Benowitz, LLP, a criminal and DUI defense firm serving Maryland, Washington DC, and Virginia. For more information, please visit our DC Criminal Defense Lawyer and Virginia Criminal Lawyer websites.

July 21, 2010

Maryland DUI Attorney: Federal Judge Dismisses Civil Suit of Man Wrongly Jailed on Maryland and DC Warrants

When a person is convicted of a DUI and sentenced to jail, a Maryland DUI attorney will attempt to get the defendant the lightest sentence possible. However, in a neighboring state, one man convicted of a DUI didn't seem to think the best case scenario was a good deal after all. His issue wasn't with the length of his sentence, but with the initial reasons behind his month-long detainment.

When Arturo Carlos Santiago was arrested on suspicion of DUI in 2009, police determined that he had outstanding warrants in Washington DC and Maryland. Santiago waived extradition to Maryland, and he argued with police that he did not, in fact, have any warrants in DC.

He was telling the truth.

The Washington DC warrant had been withdrawn. In the meantime, Santiago spent 47 days in jail for the Maryland warrant and his pending DUI trial. When the trial came, Santiago pleaded guilty to DUI, and the judge sentence him to time served for the DUI conviction. Santiago was extradited to Maryland two days later. Upon his arrival in Maryland, authorities realized that the warrant on which Santiago had been held was not, in fact, for Arturo Carlos Santiago, but for someone else entirely--a man named Jose Hernandez. Santiago was released.

Upon his release, Santiago filed a civil suit claiming wrongful imprisonment on the grounds that he was held for warrants that did not pertain to him. A federal judge dismissed the suit, ruling that Santiago's DUI plea agreement to time served credited his entire incarceration to the DUI offense. Therefore, she ruled, the initial reason for his confinement was moot. The judge deemed that Santiago served 47 days in jail for DUI, and regardless of the fact that the initial basis for his confinement was an erroneous Maryland warrant, his sentence was just.

This article is presented by Price Benowitz, LLP, a criminal and DUI defense firm serving Maryland, Washington DC, and Virginia. For more information, please visit our DC DWI Lawyer or Virginia DUI Lawyer websites.

July 5, 2010

Prince George's County Criminal Lawyer: Justifiable Homicide Likely in Fatal Prince George's County Maryland Home Invasion Shooting

Police report that the fatal shooting of an intruder at a Prince George's County apartment complex appears to be justifiable homicide carried out in self-defense. According to police, 29-year-old Benjamin Jackson returned fire against an intruder who forced him into his apartment, wounding the suspect who later died at an area hospital. While an investigation is pending to determine whether or not Jackson will face charges, preliminary findings show that the shooting was justified. According to the Prince George's County State's Attorney, "Generally speaking, people do have a right to defend themselves and others in their homes, including deadly force in some circumstances." However, in comparison with criminal homicide, justifiable homicide cases are rare. According to 2008 FBI reports, there were only 204 firearm-related justifiable homicides compared with nearly 9,500 criminal murders involving firearms. While the use of deadly force in self-defense is rare, Maryland criminal lawyers understand how to utilize the theory of justification as a defense to murder charges.

In this case, although the shooting appears to be a classic case of self-defense, an investigation is still underway. Police have not yet determined whether the gun used by Jackson to shoot the intruder was possessed legally. Jackson has two prior misdemeanor convictions of carrying a concealed weapon in another state.

Additionally, the family of the man killed denies that he would be linked to such a violent crime. They report that he was a loving father of two and a youth mentor. However, the suspected intruder, tentatively identified as Keith L. Fletcher of Washington DC, is suspected in another robbery earlier that day and had an active warrant for his arrest stemming from his alleged involvement in a March carjacking and robbery. Fletcher was also arrested three times in 2008--twice for drug charges and once for robbery and assault. Fletcher's DC criminal defense attorney was successful in having all three cases dropped: one due to lack of evidence, one for an officer's failure to testify in court, and the third for the victim's inability to identify Fletcher as his attacker.

As the investigation into the incident continues, police are still looking for two other suspects who fled the scene of the home invasion.

This article is presented by Price Benowitz, LLP, a criminal defense firm serving Maryland, Washington DC, and Virginia. For more stories like this one, please visit our Washington DC Criminal Defense Lawyer blog.

July 1, 2010

Maryland DWI Lawyer: Man in Fatal New Hampshire Crash Arrested for DWI Twice in Twelve Hours

A charity fundraiser turned deadly when an SUV veered into a line of motorcycles riding in memory of a Windham police officer. A motorcycle passenger was killed and two drivers injured when a Chevy Blazer struck them, sending them into a guardrail. One of the injured victims was treated and released from a local hospital; the other was airlifted in critical condition to Beth Israel Deaconess Medical Center.

The driver of the SUV, Randall Stewart, 46, was alleged to be driving while intoxicated at the time of the accident. Numerous area police departments received word of his Chevy Blazer driving erratically before the crash. Officers participating in the Knight Ride charity motorcycle event noticed Stewart's vehicle and tried to get him to slow down; however, before they could do so, Stewart swerved into the opposite lane and struck two motorcycles. Police at the scene noted that Stewart seemed markedly impaired, saying that he "couldn't stand up straight" and "he couldn't put together a coherent sentence."

Stewart admitted to police that he had taken a prescription painkiller earlier that morning, but denied consuming any alcohol. However, only 12 hours before the accident, Stewart was charged with class A misdemeanor DWI as a second offense under New Hampshire DWI laws. He was previously convicted of his first DWI in 2005.

While it is not unusual for a New Hampshire DWI lawyer to see repeat offenders, it is unusual that someone would be charged with the crime twice in less than 24 hours. Officers report that the first incident was "kind of a routine DWI." Stewart was arrested after motorists observed him driving erratically without headlights. After his arrest, Stewart was issued a summons to appear in court, and police officers drove him home. Several hours later, he was again charged with DWI after the accident that claimed the life of a 49-year-old woman. New Hampshire DWI laws stipulate that a DWI accident that causes serious injury is considered "aggravated DWI." As such, Stewart has been charged with negligent homicide, aggravated driving while intoxicated and two counts of felony reckless conduct. He is in police custody with bail set at $100,000.