migliaccio protest

PRINCE FREDERICK, Md. – Led by the boyfriend of Leah Clark, protesters gathered at the steps of the Calvert County Sheriff’s Office on March 22 seeking answers and justice following the outcome of a recent jury trial for Joseph Migliaccio.

Terry Butler, Clark’s boyfriend, made an additional announcement following the protest that they will be bringing a civil suit.

“I was surprised by the turnout, and I really liked the rally behind this. These people aren’t stupid, they see what goes on in the county,” Butler told TheBayNet.com. “Unfortunately, there’s some stuff that I’m not allowed to talk about because of the ongoing case, but there was a lot of cover-up during this.”

In 2019, Migliaccio was charged in a DUI accident where he struck Clark on Dares Beach Road.

Migliaccio was recently found not guilty of any criminal charges and was fined by the court.

As protesters gathered at the front of the building, Sheriff Mike Evans approached the crowd and answered questions.

Topics ranged from mental health resources for officers to missing evidence and the alcohol test results that were reportedly thrown out in court.

In a statement earlier in the day, Evans stated that he agreed that “justice was NOT served” in this case.

As of today, no dates have been announced for any upcoming trials. Read Mike Evans’ full statement below:

Contact our news desk at news@thebaynet.com

Migliaccio

PRINCE FREDERICK, Md. – The following statement was recently posted by Calvert County Sheriff Mike Evans regarding the outcome of the recent jury trial of Joseph Migliaccio.

“First and foremost, my continued prayers and condolences go out to the family of Leah Clark, who was struck and killed on Oct. 29, 2019.

This case involved an off-duty deputy sheriff who was allegedly drinking and driving.

A trial concluded on March 18, 2022 and in my opinion, justice was NOT served.
I believe if the alcohol tests had not been suppressed by the judge, the results of this trial may have been different.

At the scene, I requested the Maryland State Police to handle the possible criminal investigation (DUI) and they agreed to do so.

The Calvert County Sheriff’s Office conducted the crash reconstruction investigation on scene.

In the future, in this type of incident, we will request Maryland State Police to conduct the entire investigation.

Again, my sincere condolences go out to Leah’s son Lyric, fiancé Terry ‘Tbo’ Butler and parents Fran and Justin.

In closing, there is no further information I can provide due to pending litigation.

Sheriff Mike Evans”

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59 Comments

    1. It was an out of county judge to avoid any conflict of interest. He had to toss the evidence because the evidence was obtained improperly. Even if the judge didn’t suppress the evidence and allowed it into trial and the officer was found guilty, all the guy has to do is file an appeal and the conviction probably would’ve been tossed because the police didn’t do their jobs correctly.

  1. Day late an’ a dollar short there Evans. Your words matters not. You destroyed what was once was an honorable office. Just leave, and take your brown-noser, wanna-be-sheriff, McDowell with you.

  2. Justice was not served. Mistakes were made but let this be a learning experience…. A very tragic learning experience.

  3. Justice was served. He was tried and judged by a jury of his peers. They did their civic duty. Hate the game, not the player.

      1. Rittenhouse did. Look, the prosecutor put on their case, the defense put on their case. It went to the jury. They found him not guilty. That is our justice system, like it or not.

        1. That was self defense, totally different

          This man drove drunk and killed someone, you’re perfectly fine with murdering someone, got it

          1. Self defense my fanny. If he hadn’t left his home (and state), and in being a minor in possession of a weapon, no one would have died. So do you think those families think justice was served?

          2. A, I understand he was arrested for DUI. Anyone can be arrested for anything but the last I looked you were innocent until proven guilty, fortunately or unfortunately (whatever side your on)he had a good lawyer that cast some doubt on the jury’s decision. DO NOT BLAME THE CCSO for the mishaps if there were any in this case. I’m sure the Defendant spent lots of money to defend himself, in this case money bought him freedom

        2. You obviously didn’t see the evidence in the Rittenhouse case. Armchair quarterbacking of a criminal trial is stupid. Don’t be stupid.

          1. He left his house and state. If he would have stayed home, no one would have been murdered. And if you don’t want me armchair qb’ing Rittenhouse, then same applies to everyone complaining about this case? Correct?

        3. Yes it was self defense, he was attacked by two men

          What point did the victim attack the police officer???

          You can’t be serious right now

          1. Again, if he would have stayed home and minded his own business, he wouldn’t have murdered anyone.

  4. All those charges against him and even a witness = A $600.00 fine. Crooked Calvert, as usual nothing new to see here!!! Isn’t it a good thing that man justice, isn’t the final justice.

  5. Regardless of the outcome of the case, I give Mike Evans credit for standing out with the demonstrators and answering questions for 30 minutes

  6. This young lady lost her life doing absolutely nothing wrong. Her son, boyfriend, family and friends are left with sadness and emptiness. A Calvert County sheriff while driving intoxicated took her life and all he has to do is pay 300.00 in fines. This is Calvert County Sheriff’s form of justice. It is truly disgusting. How much longer are we going to stand by and continue taking this? It’s time to stand up Calvert County citizens. Our loved ones will continue to be in danger until we end this joke of “law enforcement” once and for all!! My sincerest condolences to Leah and her family.

    1. Why do you say it is the CCSO fault, the Sheriff just told you the MSP investigated the criminal part The CCSO only did the traffic reconstruction. You should be angry….. at your self for being so ignorant.

      1. Mike Evans knew exactly what he was doing when he split the investigation and reconstruction at the scene. You don’t get instructed by the Sheriff of a county(formerly MSP let alone) to handle something and then fail to secure what is needed for the blood tests to be admissible. Anyone making excuses for Evans and the CCSO is being willfully ignorant of Evans past as an officer and as a human.

        1. CC Resident, The Police never investigates their own Dept. If Anne Arundel County Police was involved in a situation like this they would let MSP investigate it, if the MSP was in this situation say in PG County then the PG County Police would investigate. If you don’t like the way things are here then move to Charles County or better yet move to Russia.

    2. I can certainly understand everyone’s anger but why are you blaming the Sheriff’ Dept? Granted, the drunk driver was an OFF-DUTY deputy. Our Sheriff did the right thing here, because one of his deputies was involved, he turned the case over to the State Police. If you want to blame anyone (and we should) blame the Judge who threw out the DUI evidence so there was no way to find him guilty on that charge. What we need to do is find out who the judge was anmake sure he’s Voted out of office. Or, impeach him if that’s possible. Let’s place the blame where it belongs!

      1. If the prosecution violated rules of evidence, then the evidence is inadmissible. Blame the prosecution.

      2. The Sheriff’s Office help cover evidence up. They helped him. There has been the good ole boy system in this area for far to long..

  7. There is sooo much bs, cover up and Good Ole Boy garbage in this county a major investigation needs done and all of county government needs to be cleaned out!

    1. If the minor in possession of an illegal weapon would have stayed home, he wouldn’t have murdered anyone.

        1. So, by your statement it was the fault of the car? So, the operator was found not guilty. By your statement, charge the car.

  8. A jury decided, blame the justice system in general or failure to get a better lawyer. The victim’s family will never get their loved one back in either outcome, they unfortunately don’t get justice either. Trust that the officer is not off scott-free; this will haunt him every day of his life, jail or not.

  9. Why be mad at the Sheriff’s Office. How about go find out where the Judge lives and protest at his house.

  10. Sheriff Evans thank you for being so patient with these questions. Sometimes the public doesn’t understand how the laws can also tie the hands of law enforcement. They want someone to blame. I applaud you for being the strong buffer for them to vent. But the public must understand that Sheriff Evans did not commit the crime. He did his job and the public doesn’t understand that to keep any chances of suspected impropriety he properly allowed the other agency to investigate one of his own officers. He was right and I applaud him. Put the blame where it belongs the criminal and at times the judicial system.

  11. The sheriff’s office refused to allow the state police to take the case and then acted improperly on their “investigation” which is why the judge tossed the evidence.

  12. I agree that this was a horrible miscarriage of justice. Decisions made by this trial judge were an insult to the family, and even every Calvert County resident!
    It does raise an interesting legal question. I certainly understand everyone’s anger and the desire to file a lawsuit. Does the woman’s boyfriend have any legal standing in which to file a lawsuit? He’s not a family member. IF there is an attorney who could address this question, it would be appreciated.

    1. I am definitely not a lawyer, I do not think he can file a civil lawsuit, only a immediate family member or the guardian of a minor child.

      1. How so? He is not related to her. he doesn’t have any legal standing. Let’s hope her family files suit!

  13. We are discussing the bs that goes on in this horrible excuse of a county of the United States. The Judges, Commissioners and Calvert County government employees get away with so much corruption in every way imaginable the Governor should step in and do a full investigation. Major house cleaning needs done here! We all know it. Only people benefitting here are the elected officials and government employees. This poor girl lost her life because of a cop who knew better. He probably arrested people for the same crime. Plus he used a cop car to do it in. It’s outrageous! What would make anyone defend his actions and the judge that slapped his hand. I wonder if it was one of your daughters that was killed what the outcome would have been!

    1. I agree with the BS that goes on, that is all of Govt. with that said we have two FORMER Deputy Sheriffs running for office here in Calvert County one of which is a Tyrant. Do not vote for either one.

  14. The special prosecutor appointed by the Court to handle the case did not violate the rules of evidence. The Judge ruled that the police violated the defendant’s rights by not getting a search warrant for the defendant’s blood and therefore suppressed the evidence of the test results.

    1. You say the Police violated the defendants rights by not getting a search warrant. What Police ? The Sheriffs Office or MSP? I’m sure everyone would like to know the answer to that question. Very interesting.

  15. So the ones who knew better and purposely botched the investigation should be held accountable. They knew what they were doing! Why does this poor girls family have to suffer the injustice on top of losing her to a cop that knew better. The highest restitution should be paid to her family and the ones in charge of botching this investigation should be held personally accountable for paying it.

  16. Don’t vote for Ricky Cox he is just as corrupt as Mike Evans and a y Mike Evans supports and you want in off minus well keep having people killed by cops. This county will continue to go down hill. If we don’t get a decent human being he hates this corruption.

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