Currently
°F
Forecasts

Man who hit a cop scheduled to be sentenced on DUI

Michael Austin Mattingly

Leonardtown, MD- A Mechanicsville man is scheduled to be sentenced for DUI after hitting a St. Mary’s County Sheriff’s deputy with his car.

In December of 2016, Michael Austin Mattingly, 22, was driving drunk along Chaptico Road when he hit St. Mary’s County Sheriff’s Corporal Shaun Carberry as he was helping a disabled vehicle. Carberry was able to push the driver of the disabled vehicle out of the way to avoid being hit. Mattingly remained on the scene after the collision.

Mattingly was charged, and convicted, on the charges of life-threatening injury by vehicle while under the influence of alcohol and was sentenced to three years in prison with two years suspended and ordered to participate in a substance abuse program.

Mattingly requested an appeal in the case and in November of 2017, Judge Michael J. Stamm dismissed the three charges of life-threatening injury by vehicle while under the influence of alcohol.

Assistant State’s Attorney Laura Casper explained to TheBayNet.com about the judge’s ruling. The charge of life-threatening injury by vehicle while under the influence of alcohol does not come with a Maryland Pattern Jury Instruction. Typically, instructions are given to jurors that define exactly what a crime is for every single criminal count. However, there is no jury instruction for this particular charge. Casper said that made it difficult to prosecute this case, “It makes it very difficult to define what comes in and what goes out as evidence. Even different judges have different opinions and I can’t say one is right or wrong.”

Mattingly pleaded guilty to DUI and faces one year in prison when he’s sentenced on July 12.

Contact Joy Shrum at j.shrum@thebaynet.com

Around the Web

Loading...

7 Comments Write your comment

    1. Loading...