 |
 |
 |
| Daquan Rodney Jackson | Stephon Allen Bush | Carlos Alberto Nieves |
Update: Meghan Tierney has a story on this in the Gazette.
From the County’s Press Release:
Montgomery County Police Major Crimes Division – Robbery Section detectives arrested three Montgomery County men for a home invasion robbery that occurred yesterday evening in Gaithersburg. Arrested were Daquan Rodney Jackson, age 34, of the 2500 block of Angela Court in Damascus; Stephon Allen Bush, age 39, of the 700 block of Quince Orchard Road in Gaithersburg; and Carlos Alberto Nieves, age 27, of the unit block of Russell Avenue in Gaithersburg.
According to court records, it appears that Mr. Nieves was out on probation, having plea bargained charges of robbery, theft, assault, and attempted carjacking down to a two-year sentence — six months of which was suspended [*] — for conspiracy to commit robbery. Mr. Jackson was due to appear in about two weeks (2/27) in District Court in Rockville for a charge of theft of less than $500.
But read on… this is quite a remarkable story:
On February 13 at approximately 11:04 p.m., 6th District officers and Gaithersburg City officers responded to the 17100 block of King James Way, to “check the welfare” of two men who reside in the Londonderry Apartments in Gaithersburg. The preliminary investigation revealed that a female friend who lives in South Carolina was on the telephone with one of the men, who is legally blind, when her call was abruptly interrupted, and she heard what sounded like a scuffle on the other end. Concerned about the welfare of her friend and his roommate, she was able to locate the non-emergency telephone number for Montgomery County Police. Her call reached the police Emergency Communications Center (ECC) at 11:04 p.m. ECC calltakers, realizing that this was a serious call, immediately placed the call in emergency status. The call was dispatched to officers at 11:05 p.m., and police arrived on the scene at 11:07 p.m.
Upon arrival, police, not knowing that they were interrupting a home invasion in progress, rang the doorbell. Other responding officers observed three suspects running from the rear of the apartment, and were then alerted that a crime was in progress. Officers were chasing the suspects on foot, when one suspect suddenly turned towards the officers with a shotgun. One officer fired at the suspect, but missed. The suspect dropped the shotgun and fled. Officers set up a perimeter and with the assistance of three K-9 units were able to apprehend all three suspects.
Through the course of the investigation, it was learned that one of the victims of the home invasion had opened the door to the knock of an unknown suspect. The suspect, along with two additional suspects, then forced their way into the apartment. One suspect held a shotgun and a second suspect was armed with a handgun. Money was demanded from the victims, who complied. The suspects obtained cash and other items, but fled after being interrupted by police ringing the doorbell.
Jackson, Bush, and Nieves were each charged with two counts of armed robbery, two counts of first-degree assault, use of a handgun in the commission of a felony/crime of violence, theft under $500, two counts of reckless endangerment, breaking and entering with the intent to commit a crime of violence, and two counts of conspiracy to commit armed robbery. Bond has been set at $1 million each, and the three are being held at the Montgomery County Detention Center.
The officer who fired his service weapon in the incident is identified as Officer A. Yokley of the 6th District. As is standard procedure with any police-involved shooting, the officer has been placed on administrative leave. The Montgomery County Police Major Crimes Division and Office of Internal Affairs will investigate this incident.
# # # Contact: Media Services Division Phone: 240.773.5030
[*]The record is somewhat confusing. The case, which stemmed from an incident on November 23, 2005 (search the text on that page for Mr. Nieves’ name) at the intersection of Brink & Goshen, was forwarded to Circuit Court in January of 2006. The plea bargain was entered in mid-March 2006, when Judge Paul H. Weinstein entered this into the record (the all-upper-case text is in the original):
DEFENDANT WAS ASKED IF HE HAD ANYTHING TO SAY BEFORE SENTENCING. COURT (WEINSTEIN, J.) SENTENCES THE DEFENDANT TO TWO (2) YEARS INCARCERATION, SUSPENDS EXECUTION OF ALL BUT EIGHTEEN (18) MONTHS TO BE SERVED AT THE MONTGOMERY COUNTY DEPARTMENT OF CORRECTION AND REHABILITATION COMMENCING DECEMBER 10, 2005 WITH A RECOMMENDATION FOR THE PRE-RELEASE CENTER. UPON RELEASE, DEFENDANT IS PLACED ON TWO (2) YEARS SUPERVISED PROBATION SUBJECT TO CONDITIONS AS SET FORTH IN THE PROBATION CONTRACT. COURT COSTS WAIVED. STATE ENTERS A NOLLE PROS TO THE REMAINING COUNTS OF THE INDICTMENT.
On 10/23/06, this was entered:
ORDER OF COURT (WEINSTEIN, J.) APPROVING DEFENDANT’S TRANSFER TO THE WORK RELEASE/PRE-RELEASE CENTER TO PARTICIPATE IN THE CORRECTIONAL PROGRAM, ENTERED. (COPIES MAILED)
While on 01/11/07 we see this, from Judge DeLawrence Beard:
ORDER FOR PROBATION AND CONSENT, ENTERED.
Five weeks later — fifteen months after the incident, and eleven months after receiving eighteen months of a two year sentence — he’s arrested for participating in a home invasion.
[An earlier version of this had a couple of mistyped dates; this has been corrected –G]