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Explaining the charges in The Great Frederick Fair attack
The Frederick News-Post ^ | September 23, 2019 | Heather Mongilio and Steve Bohnel

Posted on 09/27/2019 7:51:41 PM PDT by Tolerance Sucks Rocks

An assault at The Great Frederick Fair that ultimately led to a man’s death sparked questions about why the two teenage brothers allegedly involved were charged as juveniles.

The two brothers — one 15, one 16 — could not automatically be charged as adults under Maryland law, Frederick County State’s Attorney Charlie Smith said at a press conference Monday.

“I can tell you, I don’t make the law,” Smith said. “I just prosecute people who break it.”

The 15-year-old was charged with first-degree assault, second-degree assault and reckless endangerment, and the 16-year-old was charged with second-degree assault in the death of John Weed, 59, of Mount Airy.

More charges, including a possible manslaughter charge for the 15-year-old, are pending, Smith said during the press conference following the hearing. Much of the conversation at the press conference centered on dispelling public outcry to Smith’s office on whether the boys should be charged as adults, charged with murder, or charged with a hate crime.

So why were the two brothers not charged as adults?Whether a person under 18 is charged as a juvenile or adult falls under the Maryland laws for criminal procedure. Under the laws, a child 14 or older would automatically be charged as an adult if they committed a crime punishable by life imprisonment. Those charges include first-degree murder and first-degree rape.

A child who is at least 16 can be automatically charged as an adult if they allegedly committed abduction, kidnapping, second-degree murder, manslaughter, second-degree rape, first-degree assault, among other charges with more specific qualifications.

As of right now, neither brother is charged with a crime that would automatically qualify them to be handled in the adult criminal justice system, as only the 15-year-old is charged with first-degree assault, which does not carry a life sentence.

(Excerpt) Read more at fredericknewspost.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Maryland
KEYWORDS: adults; assault; attack; charges; crime; frederick; frederickfair; johnweed; juveniles; manslaughter; maryland; mountairy; murder; sentencing
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1 posted on 09/27/2019 7:51:41 PM PDT by Tolerance Sucks Rocks
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To: 100American; Abundy; Albion Wilde; AlwaysFree; AnnaSASsyFR; bayliving; BFM; Bigg Red; ...

Maryland “Freak State” PING!


2 posted on 09/27/2019 7:52:06 PM PDT by Tolerance Sucks Rocks (Show me the people who own the land, the guns and the money, and I'll show you the people in charge.)
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To: Tolerance Sucks Rocks

And why not a hate crime?


3 posted on 09/27/2019 7:57:01 PM PDT by 2banana (My common ground with islamic terrorists - they want to die for allah and we want to kill them.)
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To: Tolerance Sucks Rocks

I noticed the comments on that news website are disabled.
No surprise there.
I heard a few days ago, that the father of these two ‘dogs’ is saying his sons are not Monsters. Well then, you tell me what a ‘Monster’ really is! Third or fourth generation trash.


4 posted on 09/27/2019 7:58:41 PM PDT by lee martell
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To: Tolerance Sucks Rocks

https://www.perettillc.com/2011/08/whats-the-difference-between-first-degree-assault-and-second-degree-assault-in-maryland/
[Assault in Maryland is defined as the offensive touching or attempted touching of another person without consent, or placing that person in immediate fear of an intentional touching against their consent. It can be even the slightest of conduct, i.e. a push or shove, and usually comes from a verbal altercation that escalates to physical violence.

The difference between first degree assault and second degree assault is one of severity. First degree assault occurs where someone causes or attempts to cause “serious physical injury” to another. In Maryland, first degree assault is a felony that carries a maximum sentence of up to 25 years.

Second degree assault just requires that someone causes or attempts to cause “offensive physical contact” to another. Second degree assault is a misdemeanor in Maryland and carries a maximum sentence of 10 years. ]


5 posted on 09/27/2019 7:58:53 PM PDT by Zhang Fei (My dad had a Delta 88. That was a car. It was like driving your living room.)
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To: Tolerance Sucks Rocks

Murder is an appropriate charge in this case. The victim died.


6 posted on 09/27/2019 7:59:12 PM PDT by Hugh the Scot (I won`t be wronged. I won`t be insulted. I won`t be laid a hand on. - John Bernard Books)
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To: Tolerance Sucks Rocks

Another couple of black-on-white murdering YUTES look like they are likely to escape substantial punishment in the People’s ‘RAT State of Maryland.


7 posted on 09/27/2019 7:59:14 PM PDT by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: Tolerance Sucks Rocks

First, everybody should lay off the Frederick County states Attorney Charlie Smith. Charlie is a good, conservative Republican. He does not make the law, he prosecute to the people who break the law. This is not a murder case. Murder requires a specific intention to kill the victim. What happened here is a classic case of misdemeanor manslaughter. In other words, the defendants attempted to commit a misdemeanor assault on the victim, and basically hit the one and 100 punch the killed him. Under Maryland law, there is no way that what happened on the video would qualify as a murder. As both of these individuals are juveniles, their cases must be filed in juvenile court first.


8 posted on 09/27/2019 8:02:47 PM PDT by bort
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To: bort

Felony assault, resulting in death.


9 posted on 09/27/2019 8:07:43 PM PDT by Hugh the Scot (I won`t be wronged. I won`t be insulted. I won`t be laid a hand on. - John Bernard Books)
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To: Hugh the Scot

At the very least manslaughter.


10 posted on 09/27/2019 8:16:05 PM PDT by Robert DeLong
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To: Tolerance Sucks Rocks
What a load of BS.

If the races were reversed, the "teens" would be charged as adults, facing first degree murder charges, hate crimes, and "civil rights" violations. The story would lead CNN and MSNBC for weeks. Candlelight vigils and "stop the hate" rallies would be held from coast-to-coast.

Without any doubt, without any doubt. There is no justice for white victims in this country.
 

11 posted on 09/27/2019 8:19:54 PM PDT by Governor Dinwiddie (Everything I Needed to Know About Islam I Learned on 9/11)
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To: Governor Dinwiddie

White Genocide.


12 posted on 09/27/2019 8:28:30 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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To: bort

Felony murder.


13 posted on 09/27/2019 8:50:41 PM PDT by VeniVidiVici (Liberals - anathema to a free thinking society.)
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To: Governor Dinwiddie

Time to burn Frederick down?


14 posted on 09/27/2019 9:05:35 PM PDT by Do_Tar (To my NSA handler: Just kidding.)
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To: Tolerance Sucks Rocks

White privilege.


15 posted on 09/27/2019 9:05:54 PM PDT by Pelham (Secure Voter ID. Mexico has it, because unlike us they take voting seriously)
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To: Tolerance Sucks Rocks

It is stunning to me , that they can’t be charged with manslaughter.

Perhaps this case could help prod Maryland to change their laws. Maybe not because Maryland is run by Democrats, but, clearly, the legislature would need to change the laws for cases such as this.


16 posted on 09/27/2019 9:27:31 PM PDT by Dilbert San Diego
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To: Tolerance Sucks Rocks

[The two brothers]

“two teens” would have been shorter.

Could have saved a word! What about Global Warming!??


17 posted on 09/27/2019 9:41:31 PM PDT by SaveFerris (Luke 17:28 ... as it was in the days of Lot; they did eat, they drank, they bought, they sold ......)
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To: All

Hate Crimes

The Prosecutor would bring 50 counts if the roles were reversed.


18 posted on 09/27/2019 9:48:57 PM PDT by AnthonySoprano
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To: Zhang Fei

#5. Zhang Fei: One major error. If Second degree assault carries a sentence up to 10 years in jail, IT IS NOT A MISDEMEANOR. IT IS A FELONY if it is one year and a day.


19 posted on 09/27/2019 10:37:47 PM PDT by MadMax, the Grinning Reaper
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To: MadMax, the Grinning Reaper

[#5. Zhang Fei: One major error. If Second degree assault carries a sentence up to 10 years in jail, IT IS NOT A MISDEMEANOR. IT IS A FELONY if it is one year and a day.]


The maximum prison terms for misdemeanors and felonies varies by jurisdiction. The felony tag just makes the convicted criminal ineligible for certain jobs, upon release from prison.

https://maryland-criminallawyer.com/maryland-assault-lawyer/second-degree/
[While assault in the second degree is not punished as harshly as assault in the first degree, it is still considered a serious offense. Usually, assault in the second degree is charged as a misdemeanor, punishable by up to 10 years of imprisonment, a fine of up to $2,500, or both. If the victim of the assault is a law enforcement officer, parole officer, or probation officer acting within the scope of his official duties, the crime is charged as a felony. In such a case, the fines are increased to up to $5,000 and a defendant still could be sentenced to up to 10 years’ imprisonment. (Maryland Criminal Code, Section 3-203)]


20 posted on 09/27/2019 10:49:22 PM PDT by Zhang Fei (My dad had a Delta 88. That was a car. It was like driving your living room.)
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