SNOW HILL – The prosecution has appealed a circuit court judge’s decision to dismiss the case against a local man charged with various traffic counts in the death of Gavin Knupp.
In a motions hearing last Friday, visiting Judge Brett Wilson granted a motion to dismiss the case against Tyler Mailloux in Worcester County Circuit Court over lack of jurisdiction, although he noted that charges could be refiled in district court. Immediately following the ruling, the prosecution filed a notice to appeal.
“The State is filing an immediate appeal of the dismissal and we will await the decision of the appellate court,” Worcester County State’s Attorney Kris Heiser said in a statement last Friday. “Nothing will happen with the case until that decision comes down.”
In April, 17 traffic charges – including failure to immediately stop at the scene of an accident involving bodily injury and failure to immediately stop a vehicle at the scene of an accident involving death – were filed against Mailloux, 23, of Berlin, in Knupp’s death last July.
Knupp, 14, was struck and killed by an unidentified motorist in a black Mercedes while crossing Greys Corner Road on July 11, 2022. Knupp was returning to a vehicle driven by his older sister, Summer, who tended to her brother while awaiting paramedics. Knupp died from injuries sustained in the collision. Mailloux allegedly fled the scene and did not return, according to charges filed. Six days after the incident, the Mercedes identified as the vehicle in the collision was seized from a home in the Ocean Reef community.
The Judge is doing the right thing. With all the angry, vocal local animosity in this area, there is NO WAY the accused can get a fair trial in any local jurisdiction.. It would be impossible to assemble 12 impartial jurors.
This is nuts. I don’t know the family or anyone involved in this case, but like many I am following this as I live in the area and want to see justice done. Had this happened to my son, I am very certain that I would not have handled this as well as the Knupp family is.
1:40……………..well then, why can’t Trump get a change of venue for his trial? He can’t get an impartial jury in DC either. What’s good for the goose should be good for the gander.
MD Law grants exclusive original jurisdiction in a criminal case where a person at least 16 years old is charged with violation of vehicle laws to the District Court, not the Circuit Court. However, the statute grants an exception providing concurrent jurisdiction in the Circuit Court in a criminal case where the penalty is 3 years or more or $2,500 fine. I believe that one of the charges against the defendant carries a maximum penalty of 10 years/$10,000, so it seems to be within the exception. It would be interesting to know J. Wilson’s reasoning. Kris may have a winner before the App. Ct.