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A Frederick mother says her 2-year-old son has been victimized twice: first by the county's YMCA and then the justice system.

Meanwhile, State's Attorney Charlie Smith says the mother, Rebecca King, made threats against his staff and the YMCA employee terminated for her behavior while caring for the toddler.

On Tuesday, Smith's office released a surveillance tape from the YMCA's Child Development Center at 1000 N. Market St. from June 27. The tape shows interaction between King's son and Amanda Markoe, 21, of Frederick, who worked at the YMCA for two years.

The nearly five-minute tape captures King's son acting out in class and Markoe disciplining him, including carrying him by the arms, forcibly seating him in a chair, and hitting him in the head with a plastic bag of toys.

In July, Markoe was fired for "inappropriate treatment of a child," according to the YMCA, and was charged with child abuse and assault charges for her actions in the classroom.

A Frederick County grand jury decided Friday not to indict Markoe on any criminal charges.

Smith said the grand jury watched the tape, heard all the evidence and in the end "decided it did not constitute a crime."

In conjunction with the tape, Smith released a four-paragraph statement detailing his meeting with King and her mother, June Boxall of Hagerstown, held on Aug. 15.

Smith called King difficult to interview due to "extreme vulgarity and hostility with my staff," adding that at one point "she threatened to come to our homes and cause physical injury to our children because we had a difference of opinion on a possible outcome."

Four members of Smith's staff were in the room with King and her mother, according to the statement.

Smith added that he warned the interview would stop if King's actions continued, and that the actions on the tape were unlikely to constitute a felony child abuse charge or any jail time.

Smith said King insisted he bring the case to the grand jury, regardless of his opinion.

On Tuesday, King called Smith and his staff "very rude and disrespectful," and said she never threatened any member of the State's Attorney's Office. She acknowledged asking how members of the office would feel if someone harmed their children, but did not threaten them directly.

"I was definitely rude and disrespectful back to them," King said. "They knew how I felt about the situation. … I won't entertain this game [with Smith]. It's ridiculous."

In his statement, Smith also contends that that King "threatened to cause physical harm to Amanda Markoe, stating that no matter what happened in court, she would get Ms. Markoe."

"When cautioned against such action, Ms. King stated that she would have someone do it on her behalf," according to Smith's statement. "Her mother stated, ‘You don't know my daughter, she'll do it or have it done. Ms. Markoe will get her due one way or another.'"

King said she asked Smith how Markoe could not be arrested for hitting her son, and that "if I fought her [Markoe] would I be arrested?"

King's mother, Boxall, called Smith's claims "a joke."

Boxall said that what she said in the interview was that if Markoe did not get charged this way, she would pay in another way.

Boxall said she did not specify how it could occur, whether by a civil lawsuit or by force, and would not elaborate on Tuesday.

"...I'm blown away by this whole thing," Boxall said. "If we did this, wouldn't they have pressed charges? We were in the courtroom, so don't you think they would have slapped [hand]cuffs on us for threatening people?"

Smith said his office chooses not to pursue non-battery assaults and instead calm the person down. If they become physical, however, courthouse deputies are called for assistance.

King said that she and the grand jury did not see the same video. The YMCA showed her a "zoomed in" version featuring only Markoe and her son, she said, and the grand jury saw a "doctored" version that showed the entire classroom.

"I think it was done intentionally," King said. "…This is not over."

King said she is "appalled" by the grand jury's decision.

"They should be ashamed of themselves for protecting a 21-year-old because of who she is related to," King said. "No one protected my son."

When asked to elaborate on her claims, King said she would only say one name: David Markoe.

"I wish I could spill my guts, but I can't," she said. "I have a lot to say."

David Markoe served as president and CEO of the YMCA for five years, retiring in 2005.

Amanda is his second cousin, David Markoe told The Gazette, and "although related, we are not that close." The last time he saw the woman was a year ago at a family funeral.

"I don't know Amanda," he said. "I have absolutely nothing to do with Amanda … and didn't even know she was working there [until this happened]."

Amanda Markoe declined comment when contacted by The Gazette this week.

Markoe's attorney, Thomas Sinton of Frederick, said "at no point did we have any doubt that she was not guilty."

King would not comment on a possible civil suit regarding the abuse claims nor would she comment about whether she has retained an attorney.

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