Frederick Duncan

La Plata, MD – According to Charles County Assistant State’s Attorney Sarah Freeman, even though Cory Tony AKA Frederick Duncan, 20 of Waldorf, was charged with first-degree assault, she wanted it on the record the crime was worse than what he was charged with.

“I will say this to the court,” Freeman said Monday, Aug. 8 before Charles County Circuit Court Judge H. James West. “I totally believe this should have been an attempted murder case. 

“In this case, Mr. Duncan, the victim and his wife were walking to the liquor store,” she said. “The victim felt Mr. Duncan disrespected him by inappropriately touching his wife. An altercation ensued. By the time the police got called, the victim was left on the side of the road to die.”

The victim lost his left eye as a result of the assault, she said, and his medical bills exceeded $20,000.

“To beat a man senseless and leave him on the side of the road is heinous and violent,” Freeman stressed.

Although he was charged with first-degree assault, the charge was argued down to second-degree assault as part of the plea.

“This is an above the guidelines case,” Freeman stated.

Charles County Assistant Public Defender John Getz told West that most of the restitution owed would be paid by the end of this month.

“He [Duncan] indicated to me that the first punch was thrown by the victim, who was highly intoxicated,” Getz explained.

West offered Duncan a chance to speak to the court, but he declined.

Because of the plea the defendant entered into June 3, the judge said he had little choice.

West sentenced Duncan to 10 years with all suspended but eight years, and tacked on a 90-day concurrent sentence for violating his probation on a trespassing charge from 2014.

He tacked on five years of supervised probation with a mandate to pay the victim restitution for his medical bills and ordered the defendant to have no contact with the victim at any time, including the work place.

“The reason this is not going to trial is because they didn’t want the victim to have to relive this incident in court,” West said. “He lost sight in one eye.”

The judge did give the defendant credit for three days of time served.

Contact Joseph Norris at joe.norris@thebaynet.com