Hagerstown man, 19, sentenced to time in local jail related to April shootout in city

A Washington County judge sentenced a 19-year-old to 15 years in state prison Tuesday, suspending all but 18 months for his role in an April shootout near downtown Hagerstown in which an innocent bystander was injured.

Circuit Court Judge Brett R. Wilson told Michael Anthony Jones that he would do those 18 months, with credit for 257 days already served, in the Washington County Detention Center rather than a state prison.

Wilson told Jones that in some ways the pre-sentence investigation "saved your bacon" in helping the judge to decide to suspend most of the sentence and have Jones serve the active part in the local jail rather than in a state prison.

Wilson ordered a pre-sentence investigation after Jones pleaded guilty in October to one count of first-degree assault. Other charges, including multiple counts of attempted murder, were dismissed as part of that plea deal.

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The pre-sentence investigation recommended a largely suspended sentence to be served in a local jail, Wilson said. The judge noted the sentencing guidelines for Jones' first-degree assault conviction were four to 9 years in state prison.

Sentencing guidelines are not mandatory and are an average of similarly rated criminal offenses across Maryland.

Defense attorney Nevin Young told Wilson, before the sentence was pronounced, that he'd watched surveillance video of the shootout and believed his client when Jones says he didn't shoot.

Assistant State's Attorney Amy Taylor told Wilson she could not say whether the bullet that wounded an innocent bystander came from Jones' gun or from the gun of another defendant in the case.

Wilson said it didn't matter whose gun the bullet came from because there was reckless behavior.

"I still don't think you have any appreciation" regarding what you were involved in," Wilson told Jones. Wilson said he also didn't think Jones cared about the danger posed to the public, including the 3-year-old the innocent bystander was walking to the nearby Dollar General when the man was shot in the leg.

If that child had died, Wilson said everyone involved in the shootout would have been responsible.

'Wild west shootout' near downtown Hagerstown

Taylor described the April 3 incident near Mulberry Lofts as a "wild west shootout" involving two, "really three" groups.

There was a group in a white Honda Fit that included Jones; a group in a black Chevrolet Sebring, and a group on foot that included Dajor Javon Walden.

Walden, 20, pleaded guilty earlier this month to first-degree assault, possession of an assault weapon with a magazine and possession with intent to distribute fentanyl in a global plea involving multiple cases. Jones is the victim in the assault charge Walden pleaded guilty to, Taylor has said.

The victim in the first-degree assault charge to which Jones pleaded guilty is Walden.

Hagerstown Police responded to a reported shooting in the 200 block of East Franklin Street at 7:26 p.m. on April 3.

Young told Wilson on Tuesday that the incident looked like a planned ambush and disputed that there were three groups involved.

The Sebring goes down the alley almost to the end, looks like it's about to cross the road, stops and backs up, Young said. Young said someone in the Sebring is seen "beckoning" and a man in a white T-shirt comes around the corner armed and "ready to do something."

Two people exit the Sebring and join the man in the T-shirt. Young said he believed there were three armed men.

Young said he saw, in the video, people piling out of the Honda Fit in such a "panic" that the car wasn't put in park and continued rolling down the alley.

Taylor said Jones jumped out of the Fit, went behind the vehicle and displayed a firearm.

Young acknowledged Jones should not have been there and should not have had a gun. But the defense attorney took issue with a police charging document stating Jones fired a gun. Young said in the video it appears a companion of Jones' fired one shot.

Young said Jones was farther back and was probably taking cover when he went behind a cinder-block building.

Sentencing recommendations for teen in shootout

Taylor asked for a suspended sentence in state prison, but for Jones to serve 18 months in the local jail.

In making that recommendation, Taylor said the state took into account Jones' young age and that she was not aware of any prior convictions or adjudications for Jones as a delinquent. Jones was 18 at the time of the shootout.

Taylor said the state also took into consideration Jones' conduct in regards to the April incident that left an innocent bystander wounded. Perhaps Jones was hanging out with the wrong people, but Taylor said she hopes an active sentence grabs his attention.

Young said the bystander, with the child, was behind Jones, so Jones had no idea they were there.

But Wilson said Jones, underage at the time, was illegally carrying a firearm so he was planning for something — to be assaulted or to assault someone. He didn't have a gun to be his "lucky charm," Wilson said.

Young said Jones had been drinking and using marijuana in the months leading up to the incident.

"He wants to grow up fast," Young said.

Young said he believed the state had Jones' attention and that his client needed monitoring, but should be back in school or working on his GED. He shouldn't be in jail making further acquaintance with people who may have more serious criminal backgrounds.

Young said he hoped Wilson would give Jones time served, with a four-year suspended sentence.

Jones, who turned 19 earlier this month, told Wilson he wants to go back to school, perhaps a trade school.

Wilson said he would consider modifying the amount of time Jones has to serve in the local jail if he completes a jail substance abuse program.

Once released, Jones will be on supervised probation for five years.

Because of the first-degree assault charge Jones pleaded guilty to in October, he is prohibited from legally possessing a firearm.

Jones' probation conditions include not illegally possessing, using or selling any narcotics; working or attending school regularly; and submitting to alcohol and drug evaluation, testing and treatment, according to court records.

This article originally appeared on The Herald-Mail: Teen involved in 'wild west shootout' in Hagerstown sentenced