FURY IN PRINCE FREDERICK: Citizens confront Evans over botched investigation that let boozing deputy off without any jail time for killing woman

INTERVIEW OF SHERIFF MIKE EVANS BY CLAIRE HILL AT THE END OF THE PROTEST

PRINCE FREDERICK, MD – A jury found Calvert County Deputy Sheriff Joseph F. Migliaccio guilty of speeding and negligent driving for the death of a Calvert County woman on October 29, 2019, and cleared him of DUI and manslaughter. Migliaccio was fined $600 and another $160 in court costs.

A protest is being organized in front of the Calvert Sheriff’s Headquarters in Prince Frederick on Tuesday, March 22nd, at 6 pm, by friends and family of the victim who are furious over the outcome of the charges. Some believe that Captain Steve Jones and Sheriff Mike Evans failed to take the proper steps to preserve evidence, resulting in the jury failing to arrive at a conviction on the more serious charges.

Calvert County Sheriff Deputy Joseph F. Migliaccio crashed on Dares Beach Road, which leads to his home in Dares Beach, hitting a pedestrian and killing her on October 29, 2019. Deputy Migliaccio, who is now 36 years of age, was driving a pickup truck when he left the roadway and struck and killed Leah Christine Clark, 34, of Prince Frederick, Md. As a result of the police investigation and evidence presented to the Calvert County Circuit Court Grand Jury, on February 19, 2020, the following indictments were issued:

• Felony negligent manslaughter
• Criminal negligent manslaughter with a motor vehicle
• Two counts of felony negligent homicide
• Four counts of driving under the influence
• Other traffic charges of speeding and negligent driver were also charged.

The now resigned Deputy Migliaccio trial was delayed several times since the indictments were handed down and got underway on March 14, 2022, with a trial with a jury and Anne Arundel County Circuit Judge Terrence J. McGann presiding.

Defense attorney Robert Bonsib represented Migliaccio in the case. Steven Ira Kroll, a longtime prosecutor in the Baltimore County States Attorney’s Office, was appointed a Special Prosecutor in the matter.

Leah Christine Clark, 34, of Prince Frederick, was killed on October 29, 2019.

According to her obituary, on June 27, 1985, she was born in Clinton to Justin and Mary Frances (Harbaugh) Clark. Leah was raised in North Beach and graduated from Northern High School in 2003. She lived in Lothian and has lived in Prince Frederick for the past year and a half. Leah was a very crafty and artistic person who enjoyed drawing, painting, and makeup.

Post on Facebook page about incidents of the crash and trial:

Vic Guido

9h  · From an eyewitness:
I’m Allowed To SPEAK NOWI Was The States Proscuters Witnessed Monday the 15th And Tuesday 16th Morning Of The TRIAL. I TESTIFIED Under Oath Along With 2 Other Witnesses. EVEN The Liquor Store Owner Was There To TESTIFIED Of The Video Of Him Purchasing The Alcohol. I was 3 To 4 Car Links Behind Him Driving. I Seen The Whole Thing. I Was The One Who Called 911 and Stayed On The Phone Till The Ambulance Got There. Where Is That Recording?? I TOLD 911 He Threw Bottle From Vehicle. I Showed The Cops The Bottle At The Scene. There Was A Older Gentleman Standing There That Seen The Bottle Being Thrown From Truck Too…He Was A Witnesse At TRIAL Too.. Don’t Know What He Said In Courtroom (Wasn’t Allowed To Talk To Each Other), But Seen Him Monday and Tuesday In Courthouse Lobby.. I DIDN’T KNOW He Was A Cop that DAY, till Reading It In Newspapers. He Was Wearing Regular Clothes. I WROTE A Statement At The SCENE. I Was There 2 Hours. I WATCHED Him Pass A Silver Car Turning Left Into The Day care Center. And He Crossed White Shoulder Line to Pass The Silver Car and Hit The Victim. This Is Not Right!! AND IM Truly, SORRY For The Victims Family.But I TOLD The Truth And GOD Knows The Truth Too. HE Sees ALL. Sending Prayers And Healing To The Family!!

Calvert Deputy Jermaine Mason Charged with DUI While Operating His Police Cruiser in Crash That Left Citizen Seriously Injured

The alcohol abuse problem of the Calvert Sheriff’s Department was revealed in another case of allegations of DUI by a Calvert Deputy Sheriff who wrecked, also on Dares Beach Road, and seriously injured a motorist whom he hit head-on while operating his Calvert Sheriff Patrol Unit, a Ford Explorer. The wreck took place near the intersection of Tobacco Ridge Road.

Calvert States Attorney Bob Harvey announced on February 24, 2022, that the Calvert County State’s Attorney’s Office had filed charges against Jermaine Parvell Mason, 39, (DOB 12/27/1982) of Prince Frederick in connection with a motor vehicle collision that occurred on January 7, 2022. 

Mason, an off-duty Calvert County Sheriff’s Deputy, was allegedly driving his marked patrol vehicle when crossing over the centerline on Dares Beach Road in Prince Frederick and collided head-on with an oncoming vehicle. 

The driver of the second vehicle was seriously injured. 

The charges include driving under the influence of alcohol, driving while impaired by alcohol, reckless driving, and several other motor vehicle violations. 

The charges follow a month-long investigation into the matter by the Calvert County State’s Attorney’s Office. 

WON’T TRY THIS CASE IN THE PRESS!

State’s Attorney Robert Harvey indicated that his office would not have further comment until the evidence is formally presented in court. A trial date is set for May 5, 2022, with a preliminary hearing on April 4, 2022, in the District Court of Maryland for Calvert County.

 The prosecution is being handled by Assistant State’s Attorney Christopher Monte, and Greenbelt attorney Robert Bonsib has entered his appearance for Mason.

CANDIDATE FOR SHERIFF RICKY COX SAYS AGENCY WILL TURN OVER INVESTIGATION INVOLVING DEPUTIES TO ANOTHER AGENCY TO INVESTIGATE

On March 19, 2022, Calvert Sheriff Candidate Ricky Cox posted the following statement on his campaign Facebook Page:

It has been over two years since the horrific accident that took the life of Ms. Leah Christine Clark on Dares Beach Road. Let me first say I am deeply saddened by the events that occurred on that day. I pray for everyone involved directly and indirectly with this. Last Friday, a Calvert County jury handed down not guilty verdicts in the most serious offenses levied against the off-duty deputy. 

​I was not going to comment on the case, as I felt it should not be politicized. However, a large number of people have reached out to me to ask me how such a thing can happen. As I thought about it more, I realized it is important for those people voting for a new Sheriff in a few months to understand the truth and where I stand on these topics. Some of the posts and comments I have seen have been spot on, but some have been outright wrong. For example, I have seen people say I did this or that on the day of the accident. For the record I was in Florida and had nothing to do with it that day, or the investigation processes that followed. 

​ I cannot get into the specifics of the accident itself. However, I would like to say it is a failure to not have a policy in place that automatically brings another investigating agency into the fold when something like this happens. It has basically been done on a case-by-case basis. Within minutes of this accident there were several deputies on the scene, to include the second in command. Yet, the case still was not automatically transferred in its entirety to MSP. This is not the first time something like this has happened. There should be a clear policy in place for situations like this. Let me be clear, if I am elected to be the Sheriff of Calvert County the policy will be understood by all, we will NOT handle investigations of a serious nature like this by ourselves. Those investigations will be turned over to another agency, and will be as transparent as possible.   

​To take this all a step further, the Sheriff’s Office is need of a culture change. I believe many of these recent incidents are a clear indication of that. This change has to start from the top down. The mental and physical health of the deputies plays an important role in giving the best service to the citizens of Calvert County. I will ensure those resources are in place at all times. Additionally, under my leadership the deputies will also be held accountable for their actions. The citizens of Calvert County demand it, and they deserve it.

​Again, prayers to everyone involved in this tragic situation. If anyone has any questions about this or anything else please feel free to reach out to me directly. 

Respectfully,

Ricky Cox

Candidate Calvert County Sheriff

KONTRA WILL IMPLEMENT INVESTIGATIONS BY OUTSIDE AGENCIES; PROMISES CULTURE CHANGE INVOLVING ALCOHOL

Craig Kontra issued the following statement after the crash of a Calvert Deputy Sheriff in an incident being investigated as a possible case of a deputy driving while impaired in January of 2022.

As a 2022 Sheriff’s candidate, a significant number of the voting public has approached me seeking comment on the recent allegations of deputies drinking and driving. After giving this some serious thought, I decided no one should be left in the silence maintained by the current administration. My comments below will not mention the names of the accused. None of the cases have been adjudicated as of this writing, so they are considered innocent until proven otherwise.

That said, let me first recap: In October 2019, an off-duty deputy was allegedly under the influence of alcohol when said deputy crashed into a pedestrian on the side of Dares Beach Road, resulting in a tragic loss of life.

Then, just a few weeks ago, a Calvert deputy was captured on video arguing with a female who was seemingly trying to stop the deputy from driving while intoxicated. The video received a significant amount of negative publicity on social media and YouTube.

The most recent event occurred Friday, January 7. Again, an off-duty deputy was involved in a personal injury accident while operating an agency vehicle. Investigators are looking into whether alcohol was a possible cause.

Here’s my take:  Alcoholism is a serious disease/addiction. When left untreated, it often can have life-altering consequences, as indicated in two of the three allegations listed above. Also, alcohol addiction does not discriminate. It affects every race, every sex, every career path, and yes, it even affects law enforcement.

It doesn’t take but a few minutes of reading the public comments involving any one of these incidents to realize that the citizens of Calvert County feel a sense of betrayal. But it also stings each and every deputy, perhaps even more. They swear to and sign an “Oath of Affirmation” to bear true faith and allegiance to the United States of America and to the State of Maryland and to serve honestly and faithfully.

When I become Sheriff. I will implement a two-step program to prevent and deter future indiscretions by those who are entrusted to protect and serve:

Step No.1:

*     I will emphasize to my staff the consequences for violating any of our state laws. I’ll discourage such behavior by making them fully aware that such actions will not be swept under the rug or dismissed without consequences.

*     I will institute a cultural change within the Calvert County Sheriff’s Office. I will encourage individuals with drinking disorders to come forward and seek help. Seeking help will no longer be viewed as a sign of weakness but rather as a sign of strength, as it should be.

*     I will educate my commanders, supervisors, and deputies on the early warning signs of drinking disorders so they can intervene and seek help at the first indication of abuse.

Step No. 2:

*    It all begins in the recruiting and hiring process. Recruiting, hiring and retaining the best law enforcement officers is critical for a safe, thriving community. A diverse and inclusive agency workforce that reflects the community leads to increased trust. Therefore, it’s critical to find the right people during the hiring process. We can no longer conduct lackadaisical background investigations. Currently, backgrounds are conducted in 90 days or less. That will change under my leadership.

*     Investigators will be mandated to knock on the doors of an applicant’s neighbors; not just the neighbors who are listed as references, but those neighbors who are not on the reference list. Investigators will make in-person visits to former employers and review social media accounts. In short, the time to dig into an applicant’s worthiness of becoming a law enforcement officer is in the pre-employment phase. We need to dig into one’s character, decision-making abilities, and social activities, and devote more time to do it and do it right. Under my leadership, the hiring process will become a complete and thorough investigation into an applicant’s background and capabilities to perform the functions of this admirable profession in accordance with the oath they swear to.

My final thought: The trust of those who elect any Sheriff is invaluable. When I am elected, I vow to work to maintain that trust every day I’m in office. Furthermore, I make the solemn promise that if major incidents such as these occur on my watch, I will request the Maryland State Police to step in to handle the investigation.

Having worked for the Calvert County Sheriff’s Office for more than 30 years, I know from first-hand experience that we have highly qualified investigators who are fully capable of looking into critical and major incidents. But the perception of investigating your own agency does not sit well with the public and is often perceived as a cover up, even when that’s not the case. So, to avoid even the hint of such a suggestion, I will go outside for a look inside.

THE GREAT PRINCE FREDERICK “RIOT” OF 2020: Peaceful protest parade ends with arrests and tear gas in Prince Frederick when Calvert Sheriff Evans finds his commands are ignored