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Army Ranger gets a third trial; Gary Smith’s Manslaughter conviction is reversed

Portada Washington Post Army Ranger gets a third trial; Gary Smith’s Manslaughter conviction is reversed

August 31

A Maryland appeals court reversed the conviction of Gary Smith, a former U.S. Army Ranger charged in 2006 with fatally shooting his roommate inside their Montgomery County apartment — setting the stage for a third trial in the case.

In the latest iteration, filed Thursday, the Maryland Court of Special Appeals ruled that Montgomery Circuit Judge Eric Johnson erred by not asking prospective jurors a question that defense lawyers wanted him to ask: “Is there any member of the panel who would be less likely to believe a witness simply because they were called by the defense?”

Omitting the question was grounds for reversal, according to the appeals court, which also addressed other possible trial errors. Among them, prosecutors were permitted to admit evidence relating to Smith owning eight firearms and keeping ammunition in his apartment, issues that the appeals court termed “highly prejudicial” and, at best, only of limited relevance.

“We’re ecstatic to get another opportunity to prove Gary’s innocence,” said one of Smith’s attorneys, Andy Jezic.

Montgomery Deputy State’s Attorney John Maloney — who has twice tried Smith in the fatal shooting of Michael McQueen, another former Ranger — said that prosecutors will ask the state’s higher appellant court to reverse Thursday’s ruling.

If the ruling stands, the case would be sent back to Montgomery for a possible third trial.

“We’re confident that if he has to be tried again, he will again be found responsible for killing Michael McQueen,” Maloney said.

The case has significant trial-appeals-reversal history.

In 2008, Smith was convicted of depraved-heart, second-degree murder and use of a handgun in the commission of a felony. During the trial, jurors watched a video recording of Smith speaking with detectives, during which Smith changed the details of his story but asserted that McQueen shot himself. Prosecutors said that Smith shot McQueen at close range.

But that conviction was later reversed on a witness issue, setting the stage for a trial that began in 2012. This jury convicted Smith of a lesser charge — involuntary manslaughter — as well as use of a handgun in the commission of a felony. It was that trial that was the subject of the latest appeal.

Amid the appeals, Smith’s attorneys persuaded a different panel of judges to reduce Smith’s sentence — from the second trial — from 28 years to 15 years. Jezic said Smith will be eligible for a second parole hearing in two years.

A new trial in the case could start within eight months, Jezic said.

 Army Ranger gets a third trial; Gary Smith’s Manslaughter conviction is reversed

Post staff writer Dan Morse covers courts and crime in Montgomery County, Md.

Rockville man accused of Sexual Offense charges released.

Rockville sex offense lawyer

In the Defendant’s third bond hearing, Rockville criminal Attorney David Moyse convinced the Judge to lower his client’s bond from $250,000 to an unsecured personal bond. This means that all his client had to do was sign his name in order to be released from jail. The man had been in jail for over 45 days.


DUI Attorney David Moyse Convinces Montgomery County Judge to Suppress FSTs.

Rockville DUI attorney

In a recent trial in May 2014, Rockville DUI attorney David Moyse convinced the District Court Judge that the police officer had no basis to request that his client perform field sobriety tests. As a result, the prosecution could not introduce any evidence of Moyse’s client being impaired by alcohol. This prevented the State from introducing Moyse’s client’s breath result of 0.15 – almost twice the legal limit. Moyse’s client was acquitted of all incarcerable charges, received no convictions, and no impact on her driving record.


David Moyse gets two clients Not Guilty verdicts on DUIs in the same day!

In May 2014, Maryland DUI attorney David Moyse had an impressive morning as he helped two clients beat their DUI charges and avoid jail time.

In the first case, the prosecuting attorney planned to ask for a month in jail for Moyse’s client’s third DUI. Moyse successfully convinced the Montgomery County District court Judge to dismiss the case in its entirety for failing to provide the Defendant with a “Speedy Trial.” Moyse’s argument was bolstered by the fact that the Defendant had appeared twice in court with Moyse demanding a trial, but both times the Court ran out of time to hear the case.

Ultimately, the client walked out of Court with no fines, no points, and no jail!

In the second case, Moyse’s client was underage, driving over 130 mph on the Beltway, and admitted to consuming some alcohol. Maryland DUI lawyer David Moyse successfully cross-examined the arresting officer into admitting many facts that were damaging to the State’s case.

At the close of evidence, the Defendant was found NOT GUILTY of DUI, DWI, and Fleeing and Eluding. The client still faced hefty fines for driving 130 mph in a public area, but escaped jail time and kept a clean DUI record.


DWI charges tossed when officer found to be out of his jurisdiction.

Maryland DUI lawyer David Krum convinced a Montgomery County District Court Judge to throw out all traffic charges in a DWI case where the Defendant had been stopped for speeding and weaving over the lane. The judge sided with Mr. Krum who argued that the officer was out of his jurisdiction and that the stop was invalid as the officer did not have the authority to enforce the Motor Vehicle Laws outside of his jurisdiction. Mr. Krum also argued, and the Montgomery County Judge agreed, that the testimony regarding the client’s speed was invalid as the officer did not have the proper certification of his police vehicle with him in court.


DUI dismissed due to speedy trial violation.

Maryland DUI Attorney

In April 2014,  Maryland DUI Attorney David Moyse convinced a Montgomery County Circuit Court Judge to dismiss his client’s DUI due to a violation of the client’s right to a speedy trial. It was the client’s second DUI and he had already been sentenced to six days in jail by a District Court Judge.

Moyse convinced the district court judge to stay the jail pending appeal. The Circuit Court victory means that Moyse’s client has no conviction on his record, no fines, and does not have to serve any jail time at all.


Criminal defense Attorney Rand Lucey Convinces Circuit Court Judge to Reduce 15 year sentence to 364 days.

Criminal defense attorney

In Septemeber 2013, Criminal defense attoney Rand Lucey convinced a Circuit Court Judge to reduce his client’s total sentence from 15 years to 364 days, paving the way for federal deportation proceedings against the client to be dismissed. The client, a green cardholder, had been represented by another attorney and received a sentence of 15 years with all but 9 months suspended. As a result of that sentence, the client was taken into ICE custody and faced loss of his green card and deportation. Mr. Lucey filed an extensive Petition for Post-Conviction Relief, arguing that several of his client’s constitutional rights had been violated. Based on these arguments, both the State’s Attorney and the Judge agreed to reduce his client’s sentence by over 14 years.


Judge Throws Out Drugs Found in JKM Client’s Car Despite Testimony of 3 Officers.

Maryland criminal defense lawyer

In February, 2014, Maryland criminal defense attorney Rand Lucey convinced a District Court Judge to discredit the testimony of three police and rule that the police search of the client’s vehicle was illegal. The three officers had testified, independently, that the client had consented to the search of his car, but Mr. Lucey convinced the Judge to believe his client, who testified that he had refused to consent. As a result, the drugs the officers found were suppressed, and his client was acquitted of all charges.


Armed Robbery defendant released in Montgomery County.

Attorney Raquel Smith obtained an unsecured personal bond for her client facing conspiracy charges involving first degree assault and armed robbery. During the bond hearing, Ms. Smith convinced the Montgomery County Judge to release the defendant under the supervision of the County’s Pre-Trial Services Unit while awaiting her trial.


Murder Defendant’s Statement to Police Thrown out of Court in Montgomery County.

Mr. Jezic convinced a Montgomery County Circuit Court judge to suppress his client’s statement given to homicide detectives after his arrest on First Degree Murder. The judge cited multiple grounds for his ruling.

Mr. Jezic presented a 17-page Memorandum of Law in support of his many arguments that Montgomery County detectives had violated his client’s rights. The Defendant testified at the hearing. The eight-day jury trial is set for July.


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