Ever wanted to go back to college for the day? Don’t miss: 3 top lecturers in Baltimore

Three judge panel reviews sentence in Severn murder after appeals court upholds verdict

Phil Davis
Contact Reporterpdavis@capgaznews.com

A Glen Burnie man convicted of first-degree murder is requesting a new sentence from a panel of Anne Arundel County judges after the Maryland Court of Special Appeals upheld his conviction.

Daquan Darryl Pack, 24, maintained his innocence Tuesday in front of a three-judge panel in Circuit Court while his attorney called his sentence of life without parole “inappropriate.”

Pack was found guilty in March 2017 of the shooting death of Patrick Maurice Dixon, 31, of Glen Burnie. The county State’s Attorney’s Office said Pack shot Dixon on April 1, 2016, while Dixon was walking away after a conversation in the Meade Village apartment complex.

Pack appealed his conviction to Court of Special Appeals, Maryland’s intermediate appeals court. His attorneys argued that prosecutors did not properly establish that the homicide fit the definition of a premeditated act, critical to a conviction on a first-degree murder charge.

He also argued his attorneys were not given all of the information prosecutors presented during his sentencing hearing.

In an unreported opinion filed last month, the court found in favor of the state’s attorney’s in both instances.

Judges Patrick Woodward, Kathryn Graeff and Charles Moylan Jr., a former appeals judge brought in for the case, wrote in a joint opinion that prosecutors presented evidence that Pack was “agitated prior to the shooting” and what prosecutors presented during his sentencing hearing — details of his previous arrests as a juvenile — were a small part of their argument.

“In sum, we are persuaded that the court did not err and, even if it did, any error was harmless beyond a reasonable doubt,” the judges wrote.

While Pack maintained his innocence, Assistant Public Defender Denis O’Connell asked Circuit Court judges William C. Mullford II, Alison Asti and Laura Kiessling Tuesday during a hearing in Annapolis to consider his difficult childhood.

The attorney said Pack was raised by a single mother and then became homeless at 16 years old when she could no longer pay rent.

O’Connell said that while he was aware of previous arrests for assault, he was “not aware of any violence related to gun violence.”

He added that Pack is looking for “a light at the end of the tunnel” so he can be with his infant daughter at some point.

Pack himself also tried to raise doubt in prosecutors’ claims that he became angry after speaking with Dixon, saying “I have never talked to Mr. Dixon a day in my life.”

Assistant State’s Attorney Kelly Poma stuck mostly to her previous argument, characterizing Pack as a man who was a danger to society with past convictions for violence indicative of someone with a hair trigger.

“This man was walking away. The defendant barely knew him,” Poma said, adding that while now-retired Judge Paul Harris Jr. was a “heavy hitter” when it comes to sentencing, “this was absolutely an appropriate sentence.

twitter.com/PhilDavis_CG

Copyright © 2018, The Baltimore Sun, a Baltimore Sun Media Group publication | Place an Ad
54°