Hagerstown man sentenced in plea deal involving April shootout in city, fentanyl case

A Hagerstown man was recently sentenced to eight years in state prison with no chance of parole for the first five years in a plea deal involving an April 3 daylight shootout in the city and a drug case.

Dajor Javon Walden, 20, pleaded guilty on Dec. 7 in Washington County Circuit Court to first-degree assault, possession of an assault weapon with a magazine and possession with intent to distribute fentanyl.

Among the charges dropped as part of the plea deal were four counts each of attempted first-degree murder and attempted second-degree murder, Taylor said. Those charges were related to the April 3 shootout near Mulberry Lofts in which an innocent bystander was shot.

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The Herald-Mail previously reported that charging documents filed for Walden alleged one of the bullets he fired struck the innocent bystander in the legs.

However, Assistant State's Attorney Amy Taylor, during the plea hearing, told retired Washington County Circuit Court Judge Daniel P. Dwyer that the state could not represent to the court that the bullet that struck the innocent bystander was fired by Walden.

Taylor said she doesn't know that "forensically" authorities will ever be able to determine from whose gun the bullet came that struck the bystander.

The only other male identified among the two groups shooting at each other was Michael Anthony Jones, who entered a plea deal earlier this fall regarding the shootout, Taylor said.

Details about April 3 shootout in Hagerstown alley by Mulberry Lofts

Taylor said that if the assault and weapons charges against Walden had gone to trial, there would have been testimony about Hagerstown Police responding to a reported shooting in the 200 block of East Franklin Street at 7:26 p.m. on April 3.

A man, determined to be an innocent bystander, was shot in both legs while walking his child from a friend's home to the nearby Dollar General for candy, Taylor said. The bullet went through one leg and entered the other.

Surveillance footage from Mulberry Lofts shows two groups of people in a shootout, firing at each other in the alley next to the Lofts, Taylor said.

One group arrived in a Honda Fit and another in a Chrysler Sebring, Taylor said. When the Chrysler crosses a street, people including Jones exit the Honda while others exit the Chrysler, she said. There also are people that come around the corner on foot.

Taylor said Walden was one of those on foot who came around the corner bearing an assault-style firearm. The assault weapon used an ammunition magazine.

Jones is the victim in the first-degree assault charge Walden pleaded guilty to, Taylor said.

Jones, who turned 19 earlier this month, pleaded guilty to first-degree assault related to the shootout during a hearing in October. His sentencing hearing is scheduled for next week.

What about the fentanyl case?

As a result of the shooting case and information that Walden was at a Noland Drive residence, Taylor said police executed a warrant and found more than $8,000 in cash and plastic bags containing suspected illegal drugs.

The Western Maryland Regional Crime Lab confirmed fentanyl, Taylor said.

Between the amount of light blue pills in plastic bags — 799 pills — and the cash found, Walden was charged with possession with intent to distribute, she said.

The $8,805 recovered was forfeited to the Washington County Narcotics Task Force.

The offense date for the drug case is listed as April 19, according to the case docket.

Sentencing discussion regarding shootout, fentanyl case

Taylor told Dwyer that authorities don't know what the issue was between the two groups involved in the shootout and police are still working to identify the other young men involved and who were wearing masks.

The innocent bystander who was shot was not cooperative and doesn't want anything to do with the case, she said.

Walden has a prior criminal record including illegal possession of a firearm and knows he wasn't to possess a firearm, Taylor said.

Walden is still "young enough to come back from this," but the "state's not going to tolerate shootouts in Washington County in broad daylight," Taylor told Dwyer.

Defense attorney Brian Hutchison told Dwyer that Walden wasn't the only male in his family "with a long sentence."

"Unfortunately, he's fallen into a little bit (of the) same path," Hutchison said.

Having already served time in jail, Hutchison said he didn't think Walden was going to "return to the streets and do this anymore."

Walden's mother told the judge that he has two children and "just wants to do the right thing by his kids."

Walden did not make a statement to the judge.

Washington county judge: 'Shootouts are not tolerated'

Before sentencing Walden, Dwyer said "these types of gang shootouts are not tolerated in Washington County."

Dwyer said it was "disheartening" the others involved in the shootout hadn't been identified.

Dwyer sentenced Walden to 20 years in state prison, suspending 12 of those years, for the assault plea.

Walden received a 5-year mandatory minimum sentence, concurrent to time for the assault plea, for possessing an assault weapon magazine.

Dwyer sentenced Walden to another concurrent five years for possession with intent to distribute fentanyl, and yet another five years concurrent for a violation of probation case.

Walden has 232 days credit for time served, according to court records.

When released, Walden could be on supervised probation for five years.

The judge ordered Walden not to have contact with Jones. Another probation condition is to get evaluated for mental health and substance abuse issues and follow recommended treatment from parole and probation.

The life lesson, Dwyer told Walden, is to "get out on probation and put all this nonsense behind you."

This article originally appeared on The Herald-Mail: Hagerstown man sentenced in plea deal involving April shootout in city