Friday, October 25, 2013
By KATIE FITZPATRICK
somdnews.com

May face deportation after serving 18 months

A Lexington Park man was sentenced Friday in Calvert County Circuit Court to 18 months in jail for driving his vehicle head on into a deputy’s marked patrol vehicle.

Marlon Alexander Arana, 30, entered a guilty plea to first-degree assault before being sentenced Friday. The remaining charges of second-degree assault, reckless endangerment, disturbing the peace and indecent exposure were dropped as part of the plea agreement.

Calvert County Assistant State’s Attorney Andrew Rappaport, who prosecuted the case, said that on Sunday morning, Feb. 3, Cpl. G. Libby of the Calvert County Sheriff’s Office was off duty traveling south on Route 4 in St. Leonard and, as he approached Western Shores Boulevard, saw three vehicles on the shoulder that appeared to have been involved in an accident.

Witnesses said Arana got out of his vehicle in the middle of Route 4 “and was chasing the victim of the first accident around the roadway, causing a traffic hazard and preventing the free flow of traffic,” according to original reports.

Libby turned on his emergency lights and pulled up behind the vehicles to offer assistance, Rappaport said. Arana allegedly tried to drive away in his red 1996 GEO Prizm, and Libby pursued. Arana then started to make a U-turn in the intersection of Western Shores Boulevard, so Libby stopped his vehicle on Route 4 to prevent passing motorists from hitting Arana’s car, according to police.

After completing the U-turn, Arana “deliberately rammed his vehicle head on” into Libby’s patrol car, police said. Libby requested assistance, and deputies and Maryland State Police troopers from the Prince Frederick barrack responded to the scene.

Arana got out of the vehicle and was concealing his hands inside his waistband “as if he was threatening [with] a weapon or other contraband,” police said. He then allegedly exposed himself to deputies and urinated on the roadway, according to original reports. Deputies commanded Arana to put his hands behind his head and lie on the ground, which police said he refused to do.

As other deputies distracted Arana, Libby tackled Arana and handcuffed him. Arana then reportedly made threats to harm any police officers involved in the incident by killing them and their families, according to charging documents.

Arana was taken to Calvert Memorial Hospital, where he was treated for minor injuries. While in the ambulance, he allegedly continued to threaten police and their families. He was then taken to the detention center, where he allegedly told police he was an illegal alien.

After his arrest, Arana was found incompetent to stand trial during an April 17 preliminary hearing. During that hearing, District Judge Robert B. Riddle said based on Arana’s mental health evaluation, he found Arana “poses a threat to himself or others” and committed him to the state department of health and mental hygiene’s Spring Grove facility.

Arana appeared in circuit court in August, where his attorney, Shane Mattingly, said Spring Grove officials found him competent to stand trial. Mattingly said officials determined Arana was schizophrenic but competent when treated with medication.

On Friday, during the plea and sentencing hearing, Libby said when he applied to become a police officer 20 years ago, he was asked why he wanted to be a member of law enforcement. He said his answer was because he wanted to help people. “The good news is I was there to help people,” Libby said of the Feb. 3 incident. “The bad news is my back is injured.”

Libby said he now has trouble sleeping at night, sitting for long periods of time, playing sports and playing with his children due to injuries he received from Arana’s colliding head on with his vehicle. “This incident has impacted the rest of my life,” he said.

“You’ve heard the damage you’ve done is for a lifetime,” Calvert Circuit Judge Marjorie L. Clagett said to Arana. “He was just doing his job … and it will forever impact … his ability to interact with his children, and it’s all on you.”

Clagett sentenced Arana to 10 years in prison, with all but 18 months suspended. She said U.S. Immigrations and Customs Enforcement placed a pending immigration detainer against Arana, and he likely would be deported to his home country of Guatemala due to his conviction. If he was not deported, Clagett said he would serve five years of supervised probation upon his release.

The guidelines for Arana’s sentencing called for a sentence between four and nine years. Clagett said she was sentencing Arana below the guidelines because the mental health report provided to the court showed he had a diminished capacity at the time of the incident and because an immigration detainer was pending.

“This wouldn’t have happened if it weren’t for my mental illness,” Arana said through a Spanish interpreter. “I’d like to ask for forgiveness” from Libby.

http://www.somdnews.com/article/2013...uthernMaryland