Ford v. State

603 A.2d 883, 90 Md. App. 673, 1992 Md. App. LEXIS 61
CourtCourt of Special Appeals of Maryland
DecidedApril 1, 1992
Docket465, September Term, 1991
StatusPublished
Cited by10 cases

This text of 603 A.2d 883 (Ford v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. State, 603 A.2d 883, 90 Md. App. 673, 1992 Md. App. LEXIS 61 (Md. Ct. App. 1992).

Opinions

ROSALYN B. BELL, Judge.

Appellant, Maurice Edward Ford, and two other youths went on a rampage, hurling rocks at automobiles traveling on the Capital Beltway (Interstate 95/495) at the Livingston Road overpass in Oxon Hill. Several people were injured and considerable property damage was done. The episode resulted in Ford being indicted on 90 separate counts. A jury in the Circuit Court for Prince George’s County returned guilty verdicts on one count of assault with intent to maim, 11 counts of assault with intent to disable, six counts of assault, 17 counts of battery, 14 counts of malicious destruction of property in which the jury found the value of the property to be $300 or greater, and three counts of malicious destruction of property valued at less than $300. The court imposed prison sentences totaling 40 years (later [677]*677reduced to 39 years) with additional prison terms suspended in favor of five years probation to commence upon Ford’s release from incarceration. In this appeal, Ford contends:

—the evidence was insufficient to sustain the convictions for assault with intent to maim and the convictions for assault with intent to disable;
—the evidence was insufficient to support certain battery convictions;
—the evidence was insufficient to prove a value of $300 or greater on count 85, malicious destruction of proper- . ty belonging to Jose Torres;
—the trial court imposed illegal sentences for malicious destruction of property valued at $300 or greater; and —his convictions were prohibited by double jeopardy principles.

We agree with Ford’s fourth contention, but only on two counts. We find no reversible error with respect to the remaining contentions.

THE FACTS

In the early morning hours between 2:00 and 3:00 a.m. of May 27, 1990, John Burgess, Donnell Petite, and Ford threw rocks at a number of vehicles driving south on the Capital Beltway and at least one vehicle which was traveling north on the Beltway.1 Most of the vehicles that were hit pulled over to the side of the road. Witnesses estimated that anywhere from 15 to 40 vehicles were struck and then stopped. Patricia Jones’s car was the first to stop and Jones estimated that the rock throwing continued from 30 to 45 minutes after she stopped.

Ford confessed to being one of the rock throwers. He admitted that he and the others gathered rocks from underneath a bridge and then brought the rocks to the Beltway; [678]*678other rocks were found on the side of the road. After throwing the rocks, the youths retrieved some of them from the Beltway so they could throw them again. Ford admitted that about 15 cars were struck. His explanation for his actions was that he was drunk; he maintained that he and his cohorts were not trying to hurt anyone.

After the rock throwing incident, 15 to 20 large rocks were observed in the southbound lanes and five to 10 rocks on the northbound side. The rocks had been used to landscape the underpass of the Beltway at Livingston Road.

Several witnesses stated that the rock throwers worked in concert. Byron Jeffrey’s car was hit by two rocks. After passing the rock throwers, he observed in his rear-view mirror three figures who continued to throw rocks. Gregory Roddy observed three men waving their arms; he slowed down and one threw a rock, hitting his windshield. Blease Garner observed three men walking south. He observed one man throw a rock at another car. As Garner’s car approached, another turned around and threw a rock at Garner’s car. Garner stopped, got out of his car, and gave chase. The three men “started laughing” and ran into the woods.

Others saw only one man. For example, Robert Tillery was driving south when he saw a black male enter the highway from the median strip. Believing that the man was attempting to cross the road, Tillery changed lanes. Tillery related that the man took two steps and then threw a rock through his windshield. Jeanette George observed someone flagging her down. As she slowed, the man threw a rock through the windshield of her car.

The episode resulted in many personal injuries and extensive property damage. The most severely injured person was Destiny Morris, whose skull was fractured when she was struck in the head by a rock. The surgeon who tended to Morris shortly after the incident testified that Morris would have died if she had not received immediate medical attention. As a result of her injuries, Morris is expected to [679]*679function permanently on a third or fourth grade level. Morris was riding in James Palmer’s truck when three men stepped onto the side of the highway and each threw a rock. All three rocks went through the windshield. One struck Morris in the head. John Miller, another passenger in Palmer’s truck, received scratches from the breaking glass. The fourth passenger, Leanne Ekberg, received “little scrapes.” Palmer’s truck suffered damages totaling $4,000.

At trial, the witnesses testified to the results of the rock throwing incident. The windshield of Robert Tillery’s car was broken, causing $500 damages. Elmer Moody’s car, driven by Gloria Scott, also received a broken windshield. Kelley Moody, who was a passenger in the car, suffered a broken jaw and lost the hearing in her right ear.

Byron Jeffrey’s car window was broken by a rock that hit passenger LaShonda Thompson, breaking her arm in three places. Damage to Jeffrey’s car totaled $1,300. Jeffrey Baker’s van was dented by a thrown rock, causing $680 in damages. The windshield of Julee Robinson’s car was hit by a rock, resulting in damages amounting to $400.

Jeanette George was driving Rodney Marbury’s car, which sustained a broken windshield and damages totaling from $1,200 to $1,400. Glass entered George’s eye and cut her hand. Marbury was hit by a rock and lost consciousness. He was blinded in his right eye and suffered a broken wrist.

Nora Quintana received scratches on her face and hands when the windshield in David Powell’s car exploded. Powell’s shoulder was injured. Powell was unable to provide the total amount of damage to his car as the repairs were paid for by the insurance company, with the exception of a $500 deductible. Carolyn Smith Bryant received cuts on her hands and face and glass in her mouth when a rock hit a window of her car. Damages to Bryant’s vehicle totaled over $1,000. Esther Humphrey’s car, which sustained $1,100 in damages, was also hit by a rock. Michelle Bazilio, [680]*680a passenger in Humphrey’s car, had her hand cut by flying glass.

The windshield of Steve Harrison’s car, driven by his sister Amanda, was broken. Damages to the car totaled $125. Robert Brannigan’s car was hit in the left rear passenger window. Tonia Wilkins’s car also received a large dent on the left rear side, causing $338 total damages. Blease Garner’s car was struck on the top of the roof, causing the windshield to shatter, resulting in $835 of damages. Gregory Roddy’s car was struck in the windshield, causing $3,200 in damages. Robert Senkel’s van was hit in the windshield by a rock, resulting in damages of $1,600. Frank Bailey’s car, driven by his son Reginald, had a broken windshield. Reginald’s forehead was cut and glass blew into his mouth. The left rear wheel of Kim Buchant’s car was struck, causing $730 in damages. Jose Torres’s car was hit on the driver’s door, causing between $200 and $400 in damages.

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Ford v. State
603 A.2d 883 (Court of Special Appeals of Maryland, 1992)

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Bluebook (online)
603 A.2d 883, 90 Md. App. 673, 1992 Md. App. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-state-mdctspecapp-1992.