Man gets 18 months in N.E. school grounds as­sault case

Cecil Whig - - & - By CARL HAMILTON

ELK­TON

ca­hamil­ton@ce­cil­whig.com

— A man re­ceived an 18-month jail term Tues­day for pulling a hand­gun on an off­duty po­lice of­fi­cer who in­ter­vened while the de­fen­dant was pis­tol-whip­ping a ri­val on the grounds of North East Ele­men­tary School.

Ce­cil County Cir­cuit Court Ad­min­is­tra­tive Judge Keith A. Baynes im­posed a five-year sen­tence on Ris­ing Sun-area res­i­dent Carl Wayne Ewing III, 32, for a sec­ond-de­gree as­sault con­vic­tion and then sus­pended three and a half years of it.

The judge also im­posed a con­sec­u­tive, sus­pended 18-month sen­tence for a re­lated pos­ses­sion of a dan­ger­ous weapon on school grounds con­vic­tion.

(In April, Ewing en­tered what were es­sen­tially “no con­test” pleas to those charges, as part of a plea deal.)

Baynes or­dered Ewing to serve three years of su­per­vised pro­ba­tion af­ter com­plet­ing his 18-month term, which he will serve in the Ce­cil County De­ten­tion Cen­ter.

As­sis­tant State’s At­tor­ney Karl H. Fock­ler had sought three years of ac­tive prison in­car­cer­a­tion for Ewing. For the sec­ond-de­gree as­sault con­vic­tion, Fock­ler rec­om­mended a max­i­mum 10-year sen­tence with all but 18 months sus­pended. Fock­ler re­quested a con­sec­u­tive 18-month sen­tence for weapon-on­school-grounds con­vic­tion.

Ewing’s sen­tenc­ing came five days af­ter his wife, Natasha Ann Ewing, 31, was sen­tenced to 10 days in jail af­ter plead­ing guilty to sec­ond-de­gree as­sault for her role in the in­ci­dent. As her hus­band had in­structed, while struggling with the off-duty of­fi­cer, she used force to re­trieve a hand­gun that he had tossed to the ground. The off-duty of­fi­cer’s teenage daugh­ter had her foot on the weapon, try­ing to se­cure it, and Natasha Ewing slapped her face, grabbed the gun and fled with it.

At the time of the Septem­ber in­ci­dent, which oc­curred in broad day­light and amid ex­tracur­ric­u­lar school sports ac­tiv­i­ties, Carl Ewing was on su­per­vised pro­ba­tion for an as­sault con­vic­tion re­lat­ing to a 2012 case in which he stood ac­cused of beat­ing his wife with a tire iron along a Ris­ing Sun-area high- way, court records show.

The in­ci­dent started about 6:30 p.m. Sept. 16, when the off-duty Delaware law en­force­ment of­fi­cer heard yelling, cry­ing and re­peated screams of “stop” while vis­it­ing some­one at a res­i­dence in Westover Place, which is close to North East Ele­men­tary School at 301 Thomas Ave., po­lice re­ported.

Af­ter fol­low­ing the sounds to a wooded area on North East Ele­men­tary School grounds, the off-duty of­fi­cers saw Carl Ewing beat­ing a prone man, later iden­ti­fied as Rockie Allen Poe III, 21, a North East res­i­dent who, at that time, was wanted on a war­rant charg­ing him with theft and ma­li­cious destruc­tion in an un­re­lated case, po­lice said.

When the off-duty of­fi­cer iden­ti­fied him­self and or­dered the sus­pect to stop, the sus­pect re­sponded, “I’m not go­ing to stop be­cause this (ex­ple­tive) robbed me,” po­lice added.

At that point, the off-duty of­fi­cer re­al­ized that the sus­pect was hold­ing a hand­gun at his right side and that he had pis­tol-whip­ping the man with it, ac­cord­ing to po­lice. The sus­pect turned on the off-duty of­fi­cer when he or­dered him to drop the weapon, po­lice re­ported.

The off-duty of­fi­cer re­treated, walk­ing back­ward slowly be­fore leav­ing the scene, po­lice said. Af­ter in­struct­ing his daugh­ter to call 911, po­lice added, the off-duty of­fi­cer re­turned and dis­cov­ered that the beaten man was gone and that the sus­pect was walk­ing into a wooded area be­tween the ele­men­tary and mid­dle schools.

Af­ter catch­ing up with the sus­pect along­side a fence near North Mid­dle School School sports fields, the off-duty of­fi­cer strug­gled with Carl Ewing while try­ing to ar­rest him, po­lice re­ported.

Classes were not in ses­sion at ei­ther school dur­ing the in­ci­dent. Ex­tracur­ric­u­lar ac­tiv­i­ties were tak­ing place at the mid­dle school at 200 E. Ce­cil Ave., how­ever, and the North East In­di­ans of the Ce­cil County Ju­nior Football League were pre­par­ing to start prac­tice. Nu­mer­ous boys, par­ents and coaches were nearby and saw the strug­gle.

Two of those coaches ran over and as­sisted the off-duty of­fi­cer in sub­du­ing the sus­pect and tak­ing him into cus­tody.

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