Currently
°F
Forecasts

Sentence changed for motorist who hit cop

Leonardtown, MD - On Aug. 8 Judge Michael J. Stamm sentenced Michael Austin Mattingly to one year in the St. Mary's County Detention Center with work release permitted following an appeal of charges stemming from the Dec. 7, 2016 crash in which Mattingly was driving under the influence of alcohol. According to police, Mattingly struck St. Mary's County Sheriff's Corporal Shaun Carberry as he was assisting a disabled motorist on Chaptico Road. Carberry was able to push the driver of the disabled vehicle out of the way in order to avoid being hit. 

In May 2017, Michael Austin Mattingly, 22, was sentenced to three years in prison with two years suspended after he was found guilty on the charges of life-threatening injury by vehicle while under the influence of alcohol. Mattingly was also 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 previously explained to TheBayNet.com about the judge’s ruling on the dismissal of charges. 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.” 

TheBayNet.com also learned that the St. Mary's County Sheriff's Office had issued a press release on their website, indicating Corporal Carberry was transported to Prince Georges County Trauma Center with "non-life threatening" injuries, which made it difficult for the prosecution to pursue those charges when it was appealed in court. 

Contact Suzzi Copeland at S.Copeland@thebaynet.com

Around the Web

Loading...

5 Comments Write your comment

    1. Loading...