Players: Chief Judge Washington, Associate Judge Thompson, Senior Judge Reid. Opinion by Judge Reid. Jennifer Wicks for Mr. Mobley. PDS for Mr. Carpenter. Judith A. Lovelace for Mr. Thompkins. Trial Judge: Harold L. Cushenberry, Jr.
Facts: A group of four men opened fire at someone they were “beefing” with outside a nightclub. Four police officers in four separate marked police cars happened to be parked outside the club and were “in the line of fire,” though they were not hit. The defendants were charged with multiple counts of assault on a police officer while armed (APOWA) and assault with a dangerous weapon (ADW) with respect to both their intended target and the officers who happened to be around.
Issue: Although the opinion addresses at least eight different legal issues, the most significant is the following one: Do the convictions for ADW of two of the police officers merge with the conviction for ADW of the intended target because there was insufficient evidence that the defendants knew that the police officers were there?
Held: No. The ADW convictions do not merge because there were multiple shots fired and there was enough evidence that the defendants should have known, based largely on the presence of the four police cars and their location relative to the club, that the officers were in the line of fire.
· Despite the many legal issues addressed in the opinion, the most interesting thing about this case is that the apparent target of the shooting, Ralph Anwan Glover (pictured above), played Slim Charles in the HBO television series The Wire.