Teen accused in rock-throwing will be tried as an adult

November 08, 1995|By Dennis O'Brien | Dennis O'Brien,SUN STAFF

A Lothian teen-ager accused of throwing the rock that killed a motorist April 3 will be tried as an adult, a Circuit Court judge ruled Monday.

Jason Wyvill, 17, of the 200 block of Lyon's Creek Mobile Estates has been charged as an adult with second-degree murder, manslaughter, reckless endangerment and assault in the death of Kevin Michael Gallagher, 38.

William Brennan, the youth's lawyer, asked Judge Lawrence H. Rushworth to transfer the case to juvenile court, arguing that his client's age and drug and emotional problems made him a good candidate for treatment in the juvenile system.

Judge Rushworth denied the request after a 30-minute hearing.

Mr. Gallagher, a father of three, died after his 1993 Dodge Dakota truck was hit by a rock while he was eastbound on Bayfront Road, near Solomons Island Road, in Deale.

The victim was one of eight drivers pelted with rocks during two weeks last spring, said Assistant State's Attorney Warren W. Davis III.

Mr. Davis said the decision means both the Wyvill youth and a co-defendant are tentatively scheduled to be tried in Circuit Court on Nov. 28.

William M. Donley, 18, of the 4500 block of Owensville-Sudley Road in Harwood, who is accused of driving the car that the Wyvill youth used during the rock-throwing incidents, faces the same charges.

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