Leonardtown, MD — A jury trial in St. Mary’s County Circuit Court ended soon after it started when the defendant entered a plea and was sentenced. John Dickens, Jr., 25, of Lexington Park pled guilty to two counts of Second-Degree Assault and was sentenced by Judge Michael Stamm to 18 months in jail.
Dickens’ jury trial began Tuesday with a half day of jury selection and opening statements from his attorney, public defender Sean Moran, and prosecutor Buffy Giddens. It was during the testimony of Giddens’ first witness, St. Mary’s County Sheriff’s Office Corporal John Kirkner, that the trial came to a screeching halt.
Kirkner was the officer who shot and wounded Dickens’ during his arrest on October 21, 2013 following a call to police about a “domestic assault” incident at a home on Bristol Avenue in Lexington Park
During Moran’s cross examination, Kirkner reported that he had prepared a “use of force” report several days after the shooting at the advice of his attorney. Kirkner had been placed on administrative leave pending the outcome of an internal investigation.
Moran seemed taken aback because he had not received that written report by Kirkner as part of the discovery that occurs prior to any trial. After a huddle in front of the bench the jury was sent home for the day and Giddens said she would supply Moran and his client with a copy of the report before the trial started on Wednesday.
With the jury assembled and waiting, there was a lengthy conference in the judge’s chambers at which point the jury was called back in and told they could go home — the case had been settled.
Dickens had been indicted for alleged assaults on three different occasions and the indictments included charges of First- and Second-Degree Assault, Obstruction of Justice and Intimidating a Witness.
The case presented particular challenges for the state because the victim in the case, Dickens’ girlfriend at the time of the incident, has since had his child. The two are getting married. Judge Stamm noted that the victim had not been cooperative with the state. She also had not appeared in court on Wednesday and reportedly had been taken to St. Mary’s Hospital for an illness.
Kirkner testified before the questioning ended that he had gone to a second floor bedroom upon entering the house and found Dickens hovering over the woman and making a motion as if about to stab her. The police reports indicated that Dickens was transported to Prince George’s Shock Trauma Center with non-life-threatening wounds. He was reportedly shot in the shoulder and leg.
The incident on October 21 came several days after Dickens had been issued an order by a judge to stay away from the women after an earlier alleged altercation.
With the jury dismissed, Giddens gave a recitation of facts in the two cases to which he pled guilty to Second-Degree Assault. Dickens through his attorney admitted to the base evidence that could have convicted him of the crimes, including grabbing the victim by the hair. But he denied other parts of the allegation. However, Dickens conceded the state could prove the two charges and agreed to the guilty pleas and sentence.
Dickens also said he came back to the house after the court order because an agreement had been reached that he would stay there and the women in the house would move out.
Dickens will have a large amount of suspended time hanging over his head. The judge sentenced him to consecutive sentences of eight and four years, for a total of 12, but suspended 10 and a half years of the sentence. He will be placed on five years’ supervised probation after released.
Dickens has already served 310 days awaiting trial, which is more than half of his total sentence. He was authorized work release and will serve his time in the local jail.
The judge asked Dickens if he and the victim were intending to get married. He said, “She was the one who asked me.” He said all he wanted was to get out of jail and be a good father to their child. He said of the incidents: “A man should never lay his hand on a female,” adding, “It will never happen again.”