Tag Archives: Shooting

ANOTHER STRONG SENTENCE FOR A VIOLENT FELONY CONVICTION: 70 YEARS TO SERVE

On Tuesday, March 5, 2024, Gary Dashon Davenport, 44, of Edgewood, was found guilty of First Degree Assault, Second Degree Assault, Illegal Possession of a Firearm By a Person with a Felony Conviction, Use of a Firearm in the Commission of a Crime of Violence, Wearing, Carrying, or Transporting a Handgun on a Person, and Transporting a Handgun in a Vehicle following a two-day jury trial before the Honorable Yolanda Curtin.

Evidence presented in trial showed that on August 11, 2023, officers of the Aberdeen Police Department responded to Horizon Cinemas for reports of an assault with a weapon. Upon arrival, officers learned that a red Kia arrived at the movie theater and entered the parking lot at a high rate of speed. Gary Dashon Davenport was in the passenger seat of that vehicle. Officers reviewed surveillance footage from the Horizon Cinema and Aberdeen Marketplace, which showed Davenport and another individual exiting the vehicle, running into the theater, and chasing after a group of juveniles. Upon exiting the theater, Davenport was observed removing a firearm from a black satchel, holding it down by his side and hunting the juveniles through the parking lot. Davenport’s accomplice re-entered the Kia, weaving throughout the parking lot directly towards the fleeing juveniles. Eventually, Davenport re-entered the Kia and continued to chase the juveniles to the rear of Aberdeen Marketplace and into the parking lot of Aberdeen Proving Ground Federal Credit Union where witnesses heard a gunshot. Officers of the Aberdeen Police Department were able to recover one .40 cal. shell casing at the entrance to the APGFCU parking lot where the red Kia entered. Surveillance footage showed the juveniles reacting to the gunshot and running in the opposite direction with one juvenile hiding behind an electrical box for cover. Det. Soto of the Aberdeen Police Department Criminal Investigation Division investigated the matter and was able to identify Davenport as the individual who chased the juveniles with the handgun. Additionally, a Search and Seizure warrant was executed, and clothing matching what Davenport was wearing on the night of the offense was recovered. Evidence presented also showed that Gary Dashon Davenport is prohibited from possessing firearms due to his previous conviction for Second Degree Murder in 2008. At the time of this incident, Davenport was on parole for that offense after being released from custody in 2022.

At the sentencing hearing on Thursday, March 7, 2024, Assistant State’s Attorney Jeremy Brooks argued for the maximum sentence in this case, which is an upward deviation from the 10 to 15 year sentence calculated by the Maryland Automated Sentencing Guidelines. Mr. Brooks further argued that the court needed to send a strong message that “shows the citizens of Harford County that violence against children will not be tolerated.” He added that given the nature of this offense, as well as the prior violent felony conviction, the upward deviation in sentencing was appropriate.
Ultimately, Davenport was sentenced by the Honorable Yolanda Curtin to the maximum penalty allowable by law – 60 years to serve, with the first 20 years being mandatory and without the possibility of parole. In addition, as a result of the conviction in this case, Davenport was also found in violation of probation in the 2008 Second Degree Murder case. At the request of Assistant State’s Attorney Vincenzo Culotta, the court further imposed the remaining 10 years of that sentence as a result of the violation and ordered that it be served consecutively to the sentence in this case, for a total sentence of 70 years to serve. Davenport’s accomplice has also been charged and is pending trial in this matter. The trial is scheduled for later this year.

Following the sentencing, State’s Attorney Alison M. Healey issued the following statement: “From an evidentiary standpoint, this case was challenging, but as our office has proven repeatedly, we will not shy away from bringing tough cases to trial, and we will do so successfully. Justice prevailed when the jury returned guilty verdicts in this case, and our citizens are safer for it. The citizens of this county should be free to take their children to the movies without the threat of gunfire and without any fear for their safety. This kind of violent criminal behavior that puts innocent people at risk will not be tolerated in our community. I commend Assistant State’s Attorney Jeremy Brooks and Assistant State’s Attorney Vincenzo Culotta for their incredibly hard work in this case to ensure that this Defendant, who already has a history of extreme violence, is incarcerated for the maximum time allowable by law.”

State’s Attorney Healey continued by expressing her gratitude to Detective Soto, Officer Kinlaw, and the other members of the Aberdeen Police Department that worked tirelessly to investigate this case and to ensure that those responsible were charged and held accountable.

State’s Attorney Healey releases prosecutorial determination relating to the April 23, 2022 police-involved shooting death in Harford County, Maryland

Pursuant to current Maryland law regarding police-involved shooting deaths, an investigation must be conducted by the Office of the Attorney General, Independent Investigations Division, and a report of their investigative findings shall be issued and sent to the Office of the State’s Attorney for the county in which the incident occurred. After the State’s Attorney receives that report, they are obligated to review said report and are also able to review all evidence in the case to make a determination as to whether any prosecution shall occur as a result of the incident.

On April 23, 2022, a police-involved shooting death of John Fauver occurred in Forest Hill, Maryland involving two law enforcement officers from the Harford County Sheriff’s Office. In accordance with the Maryland law, the Office of the Attorney General’s Independent Investigations Division issued their report to the Office of the State’s Attorney for Harford County on November 23, 2022, prior to Alison M. Healey taking office as State’s Attorney for Harford County. The prior State’s Attorney for Harford County had issued a declination of prosecution letter related to this incident on June 29, 2022. However, that declination letter was noncompliant with the law, as it was issued prior to the completion of the Independent Investigations Division investigation and issuance of their report. In addition, no additional action was taken by the prior administration in response to the November 23, 2022 report from the Independent Investigations Division once it was received. As a result, Ms. Healey was obligated by law to formally make a prosecutorial determination in this matter, as it was still outstanding when she took office on January 3, 2023.

As she does in all cases, Ms. Healey spent a significant amount of time reviewing the evidence in this case, the applicable statutes and case law, as well as relevant and potential defenses in the case to make a determination. That review was completed on March 27, 2023, resulting in Ms. Healey issuing a letter to the Office of the Attorney General, Independent Investigations Division indicating that she declines prosecution related to this incident, and she is releasing that declination letter to the public at this time. Ms. Healey further stated, “While the death of any of our county residents is tragic, and I am very sorry for the loss of Mr. Fauver’s life, the evidence in this case does not support criminal prosecution.” Ms. Healey is committed, as promised, to full transparency and always keeping Harford County citizens fully informed, as well as to ensure the safety of all who live here.

Ms. Healey’s letter is included below:

Dear Ms. Mulhauser:

I have thoroughly reviewed the information which you provided to my office regarding the above­ referenced investigation as well as additional body-worn camera and in-car video footage. At this time, I am declining prosecution in the matter of the police-involved shooting death of John Fauver as it relates to both Corporal Christopher Maddox and Sergeant Bradford Sives.

While the Independent Investigations Division Report (hereinafter “IID Report”) provided to my office was extensive, the description of the events leading up to the police-involved shooting in this matter seem to be generally and purposefully vague. Due to descriptions in the IID Report being overly broad, they do not thoroughly and clearly illustrate what actually transpired in this matter. Most relevant to my declination of prosecution in this matter are the following facts as depicted in body-worn camera and in-car video footage.

When Harford County Sheriffs Office members initially make contact with Mr. Fauver, they have received information from Mr. Fauver’s wife that she believes there may be two rifles in the vehicle. That information was broadcast over the radio to law enforcement and is stated numerous times throughout the interaction with Mr. Fauver in this matter. They finally locate Mr. Fauver near Chopstix Restaurant on Rock Spring Road in Forest Hill, Maryland.

During this “initial encounter,” as it is called in the IID Report, Mr. Fauver is told to put his hands up and open the door. Not only does Mr. Fauver fail to comply with that order, after some verbal exchange, he responds by driving directly at Sergeant Sives with his vehicle at a high rate of speed jumping the median behind where Sergeant Sives was standing, thereby using the vehicle as a dangerous and deadly weapon. The single and only reason Mr. Fauver did not strike Sergeant Sives with his vehicle was because Sergeant Sives was able to jump out of the way, causing him to fall and land in the bushes of that very same median. They then are able to detain Mr. Fauver within the parking lot and have surrounded him. Once he is confined to that location, various members of the Harford County Sheriffs Office are consistently speaking with Mr. Fauver trying to bring the situation to a peaceful conclusion through various means. Officers on scene are speaking to him, and FaceTime calls are made to him. During one of the FaceTime calls, he tells law enforcement more than once to “get your snipers” and also when asked whether the item Deputy First Class Sullivan viewed in the vehicle via FaceTime was a cane or a rifle, Mr. Fauver answers, “AR-15 hollow point. Ready to go, brother.” Mr. Fauver is continuously ignoring commands to show his hands and fluctuates multiple times from being in a place where officers can see his hands to reaching back in the vehicle where they cannot. Members of the Harford County Sheriffs Office withhold discharge of their weapons several times when they have adequate time to confirm the item in Mr. Fauver’s hand is a cane. Sergeant Sives and other law enforcement then hear Mr. Fauver saying goodbye on the phone, and such is noted in the report. While it is accurate that seconds before firing, Sergeant Sives stated “It’s a cane, it’s a cane,” the report fails to properly articulate that after Sergeant Sives makes that statement, Mr. Fauver goes back behind the door of the vehicle appearing to be reaching into the car and grabbing something and then reemerging quickly. The report definitely lacks clarity as to Mr. Fauver’s next action. The IID Report describes Mr. Fauver as “holding something in his hands with his arms raised and his left foot positioned in front of him.” I find this description to be very misleading. When Mr. Fauver reemerged from behind the vehicle door, Mr. Fauver immediately and quickly took a shooter’s stance and raised a long item in the exact manner in which you would hold a rifle or shotgun and pointed it in the direction in which the officers who discharged their weapons were located. Mr. Fauver then quickly turns toward the vehicle and resumes a shooter’s stance a second time. All of this occurs within a period of less than two seconds. It is only after these actions by Mr. Fauver that Corporal Christopher Maddox and Sergeant Bradford Sives discharged their firearms.

My review of all of the facts and evidence, the applicable statutes and case law, and relevant and potential defenses in this matter forms the basis for my decision to decline to prosecute this matter.

Respectfully

Alison M. Healey, Esq.
State’s Attorney for Harford County

Edgewood Man Sentenced in 2019 Shooting Death

DATE: August 23, 2021
RE: Sentencing of Anthony Martin, Jr.

(Bel Air, Maryland) – Albert J. Peisinger, Jr., State’s Attorney for Harford County, announced the sentencing of Anthony Martin, Jr., 18 of Edgewood, Maryland for first degree murder.

On November 1, 2019 at approximately 3:19am, deputies from the Harford County Sheriff’s Office responded to the 1800 block of Grempler Way in Edgewood, Maryland for a victim suffering from a gunshot wound. The victim was later identified as Joshua Crouse who had a single gunshot wound to his upper torso. Medics tried to revive Mr. Crouse but life saving measures were unsuccessful and he succumbed to his injury.

The resulting investigation revealed that Mr. Crouse met with Anthony Martin, Jr. at a Shell Station in Edgewood. Mr. Crouse arranged to purchase $60 worth of a controlled dangerous substance from Mr. Martin. Mr. Crouse met up with Mr. Martin on Grempler Way. During this meeting, Mr. Martin approached Mr. Crouse with an AR-15 firearm and shot him in the torso while attempting to rob him of his money.

Witnesses on the scene provided a description of Mr. Martin and advised that he was inside of the Shell station shortly before the shooting. Surveillance video from the Shell Station was reviewed and it showed Mr. Martin as described by witnesses. Based upon the video, a photographic array was presented to two witnesses who also identified him.

Mr. Martin pled in the Circuit Court for Harford County before the Honorable Yolanda L. Curtin on July 23, 2021 to one count of murder in the first degree. The case was prosecuted by Assistant State’s Attorney Angela Diehl.

The sentencing hearing occurred on August 23, 2021. The victim’s family attended the hearing and the Court heard statements describing the impact this crime had on them and on the community. The Court sentenced Mr. Martin to life suspend all but 40 years of incarceration, to be served at the Division of Corrections, with five years of probation to follow.

Mr. Peisinger expressed condolences to the victim’s family for this tragic and senseless loss.

Mr. Peisinger further thanked the Harford County Sheriff’s Office, emergency response personnel and Assistant State’s Attorney Angela Diehl for their outstanding work and dedication in the investigation and prosecution that resulted in the conviction of Mr. Martin.