BERLIN – The Office of the Public Defender is requesting the state’s appeals court uphold the lower court’s decision to dismiss charges against Tyler Mailloux.
Last Friday, the Office of the Public Defender filed its brief with the Appellate Court of Maryland on behalf of Mailloux, a local man who was charged earlier this year in the hit-and-run death of 14-year-old Gavin Knupp. In their filing, Public Defender Natasha Dartigue and Assistant Public Defender Celia Anderson Davis argued the Worcester County Circuit Court was correct in dismissing Mailloux’s charges at an Aug. 18 motions hearing.
“Mr. Mailloux’s view is that the court below properly determined that the charges filed fell with in the ‘exclusive original jurisdiction’ of the District Court as defined in the Courts and Judicial Proceedings Article, Section 4-301 …,” the appellee brief reads. “Given Maryland’s two-tiered trial court system, there could have been concurrent jurisdiction for trial of the misdemeanors and felonies charged, but not for charging them.”
During a motions hearing in August, Judge Brett Wilson granted a motion to dismiss the case against 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 Worcester County State’s Attorney’s Office filed a notice to appeal.
“We appealed the judge’s decision in the Mailloux case because we think it is incorrect … and we believe the circuit court is the most appropriate court to hear the case,” Worcester County State’s Attorney Kris Heiser said earlier this month. “We have always charged these types of offenses in the circuit court, and have continued to do so since the judge’s decision in Mailloux was handed down.”
Oh, No No, No !!! That boy should face murder, negligent homicide at the least, plus various other charges. Since mailloux hid for so long after the crime, it will never be known if he was driving under the influence of alcohol or illegal drugs. What about charges for the accomplices conspiring to hide evident (the car) in a garage for days after the crime. If this crime is dismissed, all respect for the Worcester County judicial system will be zero.
its good to have money cause money talks
I would imagine that this Tyler kid thinks he’s off scott free, but if I were him I’d be thinking about where to hide. If he does not get prosecuted and gets off the hook, I can only imagine the outrage that will occur, and at that point I’m betting somebody will be showing him what they think of things.