La Plata, MD – Kwame Kelvin Payne, 21 of Washington, DC, had the deck stacked against him.

When he appeared before Charles County Circuit Court Judge Amy J. Bragunier Thursday, Aug. 20, Charles County Assistant State’s Attorney Tiffany Campbell read a list of ways in which the defendant had violated his probation.

“He failed to obey all laws,” she said, adding, “he hasn’t paid the fees the court ordered him to pay, he hasn’t submitted to substance abuse counseling, domestic violence counseling, mental health evaluation and he tested positive for PCP.”

She said the defendant has had unconsented contact with the mother of his son, despite a peace order that remains in effect.

Payne’s original charges, stemming from June 2013, included first- and second-degree assault.

“Are you agreeing that he might be in violation of the protective order?” Bragunier asked Charles County Assistant Public Defender Michele Harewood.

“The simple answer is yes,” Harewood responded. “The issue is more complicated because they have a 4-year-old son. He goes over to deal with his son. But there is something wrong for a 4-yer-old to say, ‘I don’t like my dad.’ That’s clearly an issue. It appears to be that some coercion is going on. He didn’t go over there to harass Ms. Hicks. We will admit to not paying the fees.”

“The defendant was put on probation,” Campbell reiterated. “He was told to pay fees. He did not do that.”

“My biggest problem is when he comes to my house unannounced,” Jocelyn Hicks told the court. “Maybe on the weekends if he would call me. But when I ask him to leave, he should just go ahead and leave. I did offer for him to come over twice a month, but he didn’t want to do that. What more can I do? If he wants to see them whenever he wants, that’s not going to work. I’m going to protect my kids. And when he talks to our son, I don’t want him to talk any kind of way. If he comes to my house, you’re not going to be disrespectful. I’m going to protect my son,” she said.

Bragunier told Payne to report to Social Services and enroll in a program for fathers on parenting.

“In the meantime, you’ve got to report to your agent,” she stressed. “I’m also going to suggest supervised visits with your children.”

Payne, who served seven days of a suspended sentence, has five years of backup time.

Bragunier reset the case for Dec. 14 and told the defendant it was up to him to comply with the court’s instructions.

Contact Joseph Norris at joe.norris@thebaynet.com