State's Attorney Ponders Refiling Charges Against Man

December 08, 1991|By Alan J. Craver | Alan J. Craver,Staff writer

The Harford State's Attorney's Office might refile charges against an Aberdeen man released from jail last week after prosecutors failed to indict him for attempted murder within a required time.

District Court Judge Lawrence S. Lanahan on Monday dismissed the charges because of a lack of prosecution. The man's defense attorney had sought the dismissal.

Craigg "Chicken" Wallace, 22, was being held on $50,000 bond for attempted first-degree murder in connection with a Sept. 1 incident in Havre de Grace, court records say.

Because attempted murder is afelony, prosecutors are required to file charging documents or indictments in Circuit Court within 30 days following a preliminary hearing, according to a motion filed by Public Defender Maria K. Caruso. Wallace had a preliminary hearing on Nov. 1 in District Court.

Assistant State's Attorney Mark Nelson, who was prosecuting the Wallace case, said he did not seek an indictment because he had not received information from the Havre de Grace police department concerning the alleged assault.

Nelson said he requested the information at least three times during the last month.

He said he needed the police to provide him with a sequence of events to determine what Wallace allegedly did during the assault.

According to District Court documents, Wallace is accused of striking a Havre de Grace man on the back of the head with a wooden chair leg. The document names two other men involved in the assault, but they have not been charged.

Jim Newby, Havre de Grace Police spokesman, said police faxed the state's attorney's office the information about a month ago.

The department again faxed the information to Nelson on Thursday. Nelson said he has received the information and is reviewing it to determine how to proceedwith the case.

"There are still things to be done with the investigation," Nelson said. "We will be working with the Havre de Grace police to figure out what to do with it."

Wallace is scheduled to stand trial in two separate cases next week.

On Monday in Circuit Court, Wallace is to stand trial on charges of assault with intent to maim, kidnapping, false imprisonment, conspiracy, assault, assault andbattery, and daytime housebreaking, records say.

In addition, Wallace has a trial set for Thursday in District Court on charges of possession of cocaine, court records say.

Wallace was released from the county Detention Center earlier this year after serving a four-year sentence for assault with intent to murder, court records say.

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