Murder charge dropped in Halloween shooting
Prosecutors cite insufficient evidence
By Mike Santa Rita
msantarita@patuxent.com
Posted 1/06/10
Howard County prosecutors Tuesday dropped the first-degree murder charge against an Elkridge man charged in a fatal Halloween night shooting last year in Columbia.
In a preliminary hearing in Howard County District Court, prosecutors dropped the first-degree murder charge against Devin “Devon” O’Brian Dixon, 22, of the 8000 block of Paul Martin Drive, according to Wayne Kirwan, spokesman for Howard County State’s Attorney Dario Broccolino.
The available evidence did not meet strict trial standards, Kirwan said.
“When you get to start preparing for a trial phase, the evidence bears closer scrutiny and we didn’t feel the state was ready to proceed,” Kirwan said, adding that the incident is still being investigated.
Tony Garcia, one of Dixon’s attorneys, said he was cautiously optimistic that his client would be cleared in the shooting, although he said charges may still be brought. “It’s a very tempered enthusiasm,” Garcia said.
A police spokeswoman said the investigation was still active and referred questions to Broccolino’s office.
The Halloween night shooting took place at a party in a large private house off Route 108 in Harper’s Choice. After the shooting, Dixon was arrested and charged with the murder of 19-year-old Aaron Thomas Brice and the attempted murder of 22-year-old Nathaniel Quick, who was paralyzed from his wounds.
Some of those earlier charges already had been dropped. On Dec. 1, Howard County District Court Judge Pamila Brown dismissed the counts of attempted first-degree murder, attempted second-degree murder and first-degree assault related to the shooting and paralyzing of Quick, citing a lack of probable cause.
Dixon was still being held at the Howard County Detention Center Wednesday on a gun charge and a charge of possession with intent to distribute marijuana, Kirwan said.
On Halloween night, county police were alerted to trouble at the party, which drew more than 100 people to the Manorstone Lane house, by several calls from party-goers and neighbors reporting that shots had been fired.
At the scene, police found Brice dead in the driveway and Quick suffering from a gunshot wound in the basement.
A police spokeswoman said at the time that the shooting was sparked by an argument at the party, but that the shots were fired randomly. She also said the shooting was the second time since June that police had been called to the residence for shots being fired at a party.
Investigation criticized
Ivan Bates, another of Dixon’s attorneys, said Wednesday that he had about seven witnesses who could testify that Dixon was not at the scene of the shooting. He said the gun that was found in the house where Dixon was arrested was registered to the owner of the house and was not in Dixon’s possession.
Bates also said police should have checked cell phone records and interviewed all possible witnesses before arresting him.
“I was very bothered because it was definitely a rush” to arrest Dixon, he said.
He added that Dixon and Quick were friends and his client had no motive to shoot him.
Although the murder charges against Dixon have been dropped, police and prosecutors are still investigating the case, Kirwan said. “We felt it wasn’t appropriate to move forward at this time. However, our office is working with the police department.”
He said the investigation “is active and ongoing. ... We’ll follow it wherever and to whomever it leads.”
A violation of probation hearing for Dixon for a previous, unrelated offense, scheduled for Wednesday, was expected to be postponed, Kirwan said.
Dixon was released from prison, where he was serving a portion of a three-year sentence for illegal gun possession, less than three months before the Nov. 1 shooting.
This story has been updated.
In a preliminary hearing in Howard County District Court, prosecutors dropped the first-degree murder charge against Devin “Devon” O’Brian Dixon, 22, of the 8000 block of Paul Martin Drive, according to Wayne Kirwan, spokesman for Howard County State’s Attorney Dario Broccolino.
The available evidence did not meet strict trial standards, Kirwan said.
“When you get to start preparing for a trial phase, the evidence bears closer scrutiny and we didn’t feel the state was ready to proceed,” Kirwan said, adding that the incident is still being investigated.
Tony Garcia, one of Dixon’s attorneys, said he was cautiously optimistic that his client would be cleared in the shooting, although he said charges may still be brought. “It’s a very tempered enthusiasm,” Garcia said.
A police spokeswoman said the investigation was still active and referred questions to Broccolino’s office.
The Halloween night shooting took place at a party in a large private house off Route 108 in Harper’s Choice. After the shooting, Dixon was arrested and charged with the murder of 19-year-old Aaron Thomas Brice and the attempted murder of 22-year-old Nathaniel Quick, who was paralyzed from his wounds.
Some of those earlier charges already had been dropped. On Dec. 1, Howard County District Court Judge Pamila Brown dismissed the counts of attempted first-degree murder, attempted second-degree murder and first-degree assault related to the shooting and paralyzing of Quick, citing a lack of probable cause.
Dixon was still being held at the Howard County Detention Center Wednesday on a gun charge and a charge of possession with intent to distribute marijuana, Kirwan said.
On Halloween night, county police were alerted to trouble at the party, which drew more than 100 people to the Manorstone Lane house, by several calls from party-goers and neighbors reporting that shots had been fired.
At the scene, police found Brice dead in the driveway and Quick suffering from a gunshot wound in the basement.
A police spokeswoman said at the time that the shooting was sparked by an argument at the party, but that the shots were fired randomly. She also said the shooting was the second time since June that police had been called to the residence for shots being fired at a party.
Investigation criticized
Ivan Bates, another of Dixon’s attorneys, said Wednesday that he had about seven witnesses who could testify that Dixon was not at the scene of the shooting. He said the gun that was found in the house where Dixon was arrested was registered to the owner of the house and was not in Dixon’s possession.
Bates also said police should have checked cell phone records and interviewed all possible witnesses before arresting him.
“I was very bothered because it was definitely a rush” to arrest Dixon, he said.
He added that Dixon and Quick were friends and his client had no motive to shoot him.
Although the murder charges against Dixon have been dropped, police and prosecutors are still investigating the case, Kirwan said. “We felt it wasn’t appropriate to move forward at this time. However, our office is working with the police department.”
He said the investigation “is active and ongoing. ... We’ll follow it wherever and to whomever it leads.”
A violation of probation hearing for Dixon for a previous, unrelated offense, scheduled for Wednesday, was expected to be postponed, Kirwan said.
Dixon was released from prison, where he was serving a portion of a three-year sentence for illegal gun possession, less than three months before the Nov. 1 shooting.
This story has been updated.
user comments (2)
user milton says...
Shortly after the shooting, County Executive Ken Ulman was leading a government lynch mob to go after the homeowners for not having a rental license and other petty violations. Meanwhile, the police department was pooping the bed on the murder charge. Great job guys!
Posted 12:07 PM, 01.06.10 | Permalink
user tupac says...
every reader should know about this site http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp The Maryland Judiciary Case Search - seems Mr. Dixon is familiar with the judicial process 100 attendees at the party, multiple 911 calls, yet no witnesses
Posted 1:14 PM, 01.08.10 | Permalink
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