my3rdeye
Bluelighter
Horrible story, restraining a bad trip with a full nelson is such a bad idea. And then leaving your friends dead body in ditch, you deserve prison for that, even if it was an accident.
Teen's lawyer wants murder case moved to juvenile court
Posted: Tuesday, September 10, 2013 9:30 pm |
By JOSH BOLLINGER [email protected]
EASTON — A circuit court judge will rule next month on whether a 17-year-old St. Michaels boy charged with second-degree murder in the death of another teen should have his case moved to juvenile court.
Matthew Edmund Mikowski, of 9062 Bozman-Neavitt Road, also is charged with reckless endangerment and second-degree assault in connection with the June 10 death of Samuel I. Cross, 18.
Mikowski was indicted June 25 and charged as an adult in Cross’ death.
After a Tuesday, Sept. 10, hearing on a defense request to transfer the case to juvenile court, Circuit Court Judge Sidney Campen set a schedule for the defense and prosecution to submit written arguments and responses.
Defense attorney Robert Bonsib said the judge had to make a decision at the hearing on Tuesday based on the facts of the case regarding the nature of the offense from the events on Sunday, June 9, into Monday, June 10, and whether Cross’ death was accidental or not.
Bonsib said there was “no evidence of willful intention to kill in this case” and called it a “perfect storm” or “convergence of a number of events” that resulted in an “accident.”
“This is more akin, at best, to involuntary manslaughter,” Bonsib said.
Also, he argued that Mikowski was on his way to being a “productive member of society” and posed no public safety threat, and that he didn’t think anyone would want to put a young man through the adult criminal system and risk him coming out troubled.
Campen said he wasn’t there on Tuesday to rule on the nature of the offense or if Cross’ death was an accident or not, as that’s ultimately up to a jury, but on whether Mikowski should be tried as a juvenile or an adult.
“This is a case that clearly cannot be tried in this courtroom in a day,” Campen said.
Campen’s point was reiterated by Talbot County Deputy State’s Attorney Ellen B. Grunden, who said the judge only had one question to answer that day, “Should Matt Mikowski be treated ... as an adult who needs to answer for his actions on June 10, or treated as a child who needs guidance.”
Early just before 6 a.m. Monday, June 10, police received tips of a body, which turned out to be that of Sam Cross, lying on the side of Bozman-Neavitt Road north of St. Michaels.
According to Mikowski’s statement to police, he, Cross and three others gathered at Mikowski’s house the night of Sunday, June 9, to ingest what they thought was LSD. Mikowski said he had bought it that Saturday, June 8, but they all pooled money together for the drugs.
Mikowski said that after taking the drug while near a campfire at his house, Cross started acting strangely, screaming and asking for help, and Mikowski and the other three did whatever they could to calm him.
Mikowski restrained Cross twice, bringing him to the ground each time with a full nelson hold, and Mikowski said Cross then went to sleep after the second time he restrained him in an attempt to get Cross to stop “freaking out,” according Mikowski’s statement to police.
While Cross was sleeping, Mikowski and the other three discussed taking Cross to the hospital or calling 911, but decided against it, and the other three later left, Mikowski said.
After the three left, Mikowski said he started to clean the area. While cleaning, Mikowski said he checked on Cross around 3:30 a.m. and found him dead.
Mikowski then admitted to dragging Cross’ body, by the head, neck and shoulder area, to his car and leaving him in a ditch on Old Claiborne Road.
Lt. Joseph Gamble, commander of the Maryland State Police homicide unit, said in court testimony that a bicyclist saw Mikowski moving the body on Old Claiborne Road early Monday morning and rode to the St. Michaels Police Department to tell police, who then called Maryland State Police. Meanwhile, another person called MSP and said they saw a body next to a Honda Pilot, Cross’ vehicle, in the unofficial park-and-ride on Bozman-Neavitt Road.
Mikowski said that after leaving Cross’ body on Old Claiborne Road and trying to sleep to no avail, one of the other teens told him to move Cross’ body to his car on Bozman-Neavitt Road.
Mikowski was indicted by a Talbot County grand jury on June 25 and has been electronically monitored by police since posting bail.
According to police laboratory tests, the LSD turned out to be 25C-NBOMe, which is not a controlled dangerous substance and is a drug with effects similar to LSD.
Cross died from asphyxiation and the manner of death was homicide, according to the Office of the Chief Medical Examiner. Also, a toxicology report came back negative, according to Grunden.
“Drug ingestion didn’t kill Sam Cross,” Grunden said.
After opening statements, testimony and submittal of evidence, the waiver hearing was adjourned before each side could make its closing argument out of courtesy to court staff, a decision Campen made shortly after the hearing ran until 4:30 p.m. Tuesday.
Mikowski’s counsel has five business days from Tuesday to submit a closing argument by way of memo to Campen. The prosecution has five days to respond to that argument, and then Mikowski’s counsel then has three business days to give a final response.
Campen must make his ruling within 10 days from when Mikowski’s counsel submits their final closing argument for the waiver hearing.
http://www.stardem.com/news/local_news/article_804f2e6a-4bb1-54b3-ac8a-047b8b88a3d5.html
Teen's lawyer wants murder case moved to juvenile court
Posted: Tuesday, September 10, 2013 9:30 pm |
By JOSH BOLLINGER [email protected]
EASTON — A circuit court judge will rule next month on whether a 17-year-old St. Michaels boy charged with second-degree murder in the death of another teen should have his case moved to juvenile court.
Matthew Edmund Mikowski, of 9062 Bozman-Neavitt Road, also is charged with reckless endangerment and second-degree assault in connection with the June 10 death of Samuel I. Cross, 18.
Mikowski was indicted June 25 and charged as an adult in Cross’ death.
After a Tuesday, Sept. 10, hearing on a defense request to transfer the case to juvenile court, Circuit Court Judge Sidney Campen set a schedule for the defense and prosecution to submit written arguments and responses.
Defense attorney Robert Bonsib said the judge had to make a decision at the hearing on Tuesday based on the facts of the case regarding the nature of the offense from the events on Sunday, June 9, into Monday, June 10, and whether Cross’ death was accidental or not.
Bonsib said there was “no evidence of willful intention to kill in this case” and called it a “perfect storm” or “convergence of a number of events” that resulted in an “accident.”
“This is more akin, at best, to involuntary manslaughter,” Bonsib said.
Also, he argued that Mikowski was on his way to being a “productive member of society” and posed no public safety threat, and that he didn’t think anyone would want to put a young man through the adult criminal system and risk him coming out troubled.
Campen said he wasn’t there on Tuesday to rule on the nature of the offense or if Cross’ death was an accident or not, as that’s ultimately up to a jury, but on whether Mikowski should be tried as a juvenile or an adult.
“This is a case that clearly cannot be tried in this courtroom in a day,” Campen said.
Campen’s point was reiterated by Talbot County Deputy State’s Attorney Ellen B. Grunden, who said the judge only had one question to answer that day, “Should Matt Mikowski be treated ... as an adult who needs to answer for his actions on June 10, or treated as a child who needs guidance.”
Early just before 6 a.m. Monday, June 10, police received tips of a body, which turned out to be that of Sam Cross, lying on the side of Bozman-Neavitt Road north of St. Michaels.
According to Mikowski’s statement to police, he, Cross and three others gathered at Mikowski’s house the night of Sunday, June 9, to ingest what they thought was LSD. Mikowski said he had bought it that Saturday, June 8, but they all pooled money together for the drugs.
Mikowski said that after taking the drug while near a campfire at his house, Cross started acting strangely, screaming and asking for help, and Mikowski and the other three did whatever they could to calm him.
Mikowski restrained Cross twice, bringing him to the ground each time with a full nelson hold, and Mikowski said Cross then went to sleep after the second time he restrained him in an attempt to get Cross to stop “freaking out,” according Mikowski’s statement to police.
While Cross was sleeping, Mikowski and the other three discussed taking Cross to the hospital or calling 911, but decided against it, and the other three later left, Mikowski said.
After the three left, Mikowski said he started to clean the area. While cleaning, Mikowski said he checked on Cross around 3:30 a.m. and found him dead.
Mikowski then admitted to dragging Cross’ body, by the head, neck and shoulder area, to his car and leaving him in a ditch on Old Claiborne Road.
Lt. Joseph Gamble, commander of the Maryland State Police homicide unit, said in court testimony that a bicyclist saw Mikowski moving the body on Old Claiborne Road early Monday morning and rode to the St. Michaels Police Department to tell police, who then called Maryland State Police. Meanwhile, another person called MSP and said they saw a body next to a Honda Pilot, Cross’ vehicle, in the unofficial park-and-ride on Bozman-Neavitt Road.
Mikowski said that after leaving Cross’ body on Old Claiborne Road and trying to sleep to no avail, one of the other teens told him to move Cross’ body to his car on Bozman-Neavitt Road.
Mikowski was indicted by a Talbot County grand jury on June 25 and has been electronically monitored by police since posting bail.
According to police laboratory tests, the LSD turned out to be 25C-NBOMe, which is not a controlled dangerous substance and is a drug with effects similar to LSD.
Cross died from asphyxiation and the manner of death was homicide, according to the Office of the Chief Medical Examiner. Also, a toxicology report came back negative, according to Grunden.
“Drug ingestion didn’t kill Sam Cross,” Grunden said.
After opening statements, testimony and submittal of evidence, the waiver hearing was adjourned before each side could make its closing argument out of courtesy to court staff, a decision Campen made shortly after the hearing ran until 4:30 p.m. Tuesday.
Mikowski’s counsel has five business days from Tuesday to submit a closing argument by way of memo to Campen. The prosecution has five days to respond to that argument, and then Mikowski’s counsel then has three business days to give a final response.
Campen must make his ruling within 10 days from when Mikowski’s counsel submits their final closing argument for the waiver hearing.
http://www.stardem.com/news/local_news/article_804f2e6a-4bb1-54b3-ac8a-047b8b88a3d5.html
