Maryland DUI Lawyers Blog

A Montgomery County man who was shot five times during an incident for which he was convicted of second degree assault against a police officer was sentenced to 18 months in prison. Thirty-two-year-old Ingham "Andre" DeFreitas also faces five years of probation for his role in the "chaotic altercation."

The incident on September 28th of last year began when a homeowner in the Darnestown area called police on DeFreitas after his car got stuck in mud. Officer Kurt Colson, who had been on the force for less than two years at the time of the altercation, responded to the call. Officer Colson testified in court that DeFreitas did not heed his commands, exiting his vehicle and reaching into his pockets before he charged Colson. The officer stated that DeFreitas was trying to take his gun, forcing Colson to shoot. At his June trial, DeFreitas was convicted of misdemeanor assault, but was acquitted of the heavier charge of trying to disarm Colson because jurors were unable to clearly determine whether he was trying to take the gun from the officer or "push it away."

DiFreitas' Maryland criminal lawyer focused the defense heavily on the issue of excessive force, calling several witnesses to testify that they had suffered it at the hands of Montgomery County officers. Circuit Court Judge Michael Algeo, saying recent positive drug tests for DeFreitas "(spoke) volumes," brought up the defendant's criminal history while rejecting the defense:

"This is not a 1983 civil rights violation or trial," Algeo said. "This is not about police brutality or police conduct. This is about Mr. DeFreitas who was convicted by a jury of assault in the second degree. So I want the focus to be on that."

Prosecutors concurred, saying that a longer sentence for DeFreitas was necessary to "send a message" that physically resisting law enforcement officers was not acceptable during the course of an arrest.

"You cannot attack or assault a uniformed police officer. This is not a bar fight."

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer and Virginia Criminal Attorneys websites.

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 The Law Offices of David Benowitz, 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.

Two of five suspects are still at large after a brutal beating and "pack robbery" in Montgomery County in early May. If arrested, the suspects could use the assistance of a Montgomery County criminal lawyer. A security camera in the stairwell of the Aspen Hill apartments recorded the incident, which left the 30-year-old victim with broken ribs and serious cuts and bruises.

Three of the suspects seen in the video have been identified by police as Kirkland Hall, 18; Tjay Joseph, 16; and Darrell Boyd-Brothers, 17. In the surveillance video of the beating and robbery, Hall appears to confront the victim and is the first to strike him. During the attack, the teen suspects and the two unidentified suspects allegedly stole the victim's cell phone.

Hall and Joseph are also charged in another, more recent pack robbery. On May 22, Hall and Joseph allegedly approached a 22-year-old man and asked him for a quarter. Hall allegedly grabbed the victim's hat, and they allegedly robbed him of cash. Then the pair, along with three other men, supposedly chased the victim until he was able to flag down a car.

After Hall and Joseph were arrested in the May 22 incident, police identified them in the Aspen Hill assault. Two of the three suspects are in Montgomery County jail, and the third has been transferred to a juvenile facility. All are charged as adults in the attack. Each defendant may require separate representation from a Montgomery County criminal lawyer.

Even when there is video evidence in an incident, there are several things a Montgomery County criminal attorney can evaluate to help protect clients, including inflated charges, misidentification, and improper police procedures.