Judge dismisses charges in golf club assault
July 3, 2003
Ayesha Morris
Staff Writer




A Prince George's County District Court judge dismissed adult charges against a 14-year-old Bowie High School student accused of seriously wounding a classmate by hitting him in the head with a golf club.

Judge Albert W. Northrop threw out adult criminal charges of attempted first- and second-degree murder and attempted first- and second-degree assault against the Bowie boy at a preliminary hearing in Upper Marlboro Wednesday, after the prosecution failed to present evidence to support the charges.

"I thought it was appropriate for Judge Northrop to rule that way," Steven Kupferberg, a defense attorney for the teenager, said after the hearing. "[My client's] family is extremely happy but we don't think this will be the end of it. We continue to wish the [victim] a speedy recovery."

The teen, who is of slight stature, is accused of wielding a golf club at a larger 15-year-old in the 16200 block of Alderwood Lane in the Amber Meadows section of Bowie on June 18.

A verbal altercation on the school bus ride home led to a physical confrontation in their neighborhood, according to court documents and witnesses. The 14-year-old swung a golf club and hit the 15-year-old in the head before fleeing the scene, court documents said.

The victim "suffered a fractured skull with visible brain matter and suffered a seizure prior to immediate surgery" records showed. The victim is recovering at home this week.

Stephen Russell, the Prince George's County assistant state's attorney prosecuting the case, declined to comment to The Star about the hearing's outcome Wednesday.

The State's Attorney's office may have had difficulty preparing police and witnesses for testimony due to the complications of trying a juvenile as an adult.

An adult charged with a crime usually has 30 days until a preliminary hearing is scheduled, while for juveniles that period is cut in half to 15 days.

The suspect and his family sat in the front row of the courtroom, locked hands and prayed before the judge made a ruling.

"We just have to see what happens," the 14-year-old's suspect's mother said by phone after the hearing. "All the facts have to be revealed. And all the lies that have been told have to come out."

Kupferberg argued before Judge Northrop Wednesday that prosecutors overcharged his client by seeking adult charges.

"If you charge juveniles with [attempted] first-degree murder, the adult court gets immediate jurisdiction," Kupferberg told The Star. "You put juveniles in a place where they shouldn't be, in what I believe is a tactic to impose punishment before a complete investigation."

The suspect, described by his lawyer as 5 feet tall, 110 pounds and an asthma sufferer, was defending himself against the larger victim, Kupferberg said.

The 14-year-old spent four days in jail before being released and put on the strictest form of home detention.

Reached at home by phone, the victim, said, "I'm doing good." He declined further comment.

E-mail Ayesha Morris at amorris@gazette.net.

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