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In Frederick Fair death case, judge to announce soon whether 15-year-old will be charged as adult

A judge will soon decide whether a 15-year-old will be charged as an adult in connection with the death of a Mount Airy resident at the Great Frederick Fair in September.

The Frederick County State’s Attorney’s Office announced Friday evening that Frederick County Circuit Court Judge William R. Nicklas Jr. presided over a waiver hearing earlier in the day for the 15-year-old, who is charged with manslaughter, first-degree assault and two counts of second-degree assault.

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According to a news release from the State’s Attorney’s Office, “Nicklas will issue his order by the end of next week.”

During a waiver hearing, the court decides whether to grant or deny the state’s request to waive a juvenile to adult court after hearing arguments from the prosecution and defense. The state requested a waiver hearing for both the 15-year-old and his 16-year-old brother, who was also charged in the case.

The judge considers five factors in making a decision on such a waiver: the seriousness and nature of the offense; public safety; age of the youth; mental and physical condition; and the youth’s alleged amenability to juvenile rehabilitative measures.

Frederick County Circuit Court Judge Julie Stevenson Solt announced Tuesday that the 16-year-old, who was charged with two counts of second-degree assault in the case, will not be charged as an adult.

Chief Prosecutors Laura Wilt and Rebecca Clinton argued the state’s case Friday, according to the release.

Just after 5:36 p.m. on Sept. 20, John Marvin Weed, 59, of Mount Airy was found lying unconscious on the ground near the midway area of the Frederick fairgrounds, according to the Frederick County Sheriff’s Office. He was flown to University of Maryland Shock Trauma Center in Baltimore and died at about 4 p.m. Sept. 21, the Sheriff’s Office said.

According to the Frederick County State’s Attorney’s Office, the assault began after the 15-year-old asked Weed for a dollar at the fair, Weed refused and a verbal altercation ensued. When Weed walked away, the State’s Attorney’s Office said in September, the teens followed him, the 15-year-old punched him in the head, causing him to fall, then his 16-year-old brother spat on Weed.

Frederick County State’s Attorney Charlie Smith said at a Sept. 23 news conference that the 16-year-old also punched Weed in the back of the head, then several minutes later, the 15-year-old “comes flying through, lands a deadly blow to the victim.”

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