Man convicted in shooting misses hearing

September 22, 2006|By Tyrone Richardson | Tyrone Richardson,SUN REPORTER

A 20-year-old Woodbine man convicted last year in the shooting of a teenage schoolmate missed a Tuesday probation-violation hearing to address issues of his community service requirement because he said he did not receive notice of the hearing, a spokesman for the state's attorney's office said.

Benjamin Mark Allen was convicted of reckless endangerment in June 2005 when he removed a handgun from his father's safe and accidentally shot Katie Lea Weyer, then 16, of Dayton, in the chest as he was showing her the firearm.

T. Wayne Kirwan, a Howard County state's attorney's office spokesman, said the court subpoena for Tuesday's hearing was sent to the wrong address.

Judge Daniel Moylan sentenced Allen to 18 months in jail -- with all but 11 weeks suspended -- and ordered him to perform 3,000 hours of community service by Sept. 9, 2007, as a condition of his probation.

A supervisor of the Howard County Sheriff's Office community service program told the court that Allen has performed 495.5 hours of community service.

The probation-violation hearing is rescheduled for Oct. 3.

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