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Page 16
By SHAWN J. SOPER
OC Shooter Enters Plea In Last Summer’s Incident
The Dispatch/Maryland Coast Dispatch
NEWS EDITOR
January 10, 2014
SNOW HILL – A Reading, Pa., man charged with attempted murder and assault following last summer’s shooting in Ocean City was found guilty this morning and now awaits his fate pending the outcome of a pre-sentence investigation. Elvin Mendez-Espada appeared in Circuit Court in Snow Hill on Tuesday to face multiple charges, including attempted second-degree murder and first-degree assault for his role in an altercation in downtown Ocean City on June 29 when he shot and wounded two men and
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fired other shots at a third man. Mendez-Espada entered an Alford Plea on Tuesday to one count of attempted second-degree murder, two counts of first-degree assault and one count of using a firearm in the commission of a felony. In an Alford Plea, a defendant does not admit guilt, but acknowledges the state has enough evidence to prosecute the case. In this particular case, however, the entry of an Alford plea to the four counts was somewhat unconventional because there appeared to be differing versions of the statement of facts read into the record. After a plea is entered, prosecutors
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read into the record the agreedupon statement of facts, and the judge then rules on the case and proceeds to the sentencing phase. However, after Worcester County State’s Attorney Beau Oglesby read the statement of facts into the record on Tuesday, the defendant’s attorney, Eduardo Gonzalez, of Salisbury, agreed with the essential timeline of the events, but his client’s version was somewhat different than the version the state presented. Instead, Gonzalez attempted to tell the court the shooting victims were the aggressors and MendezEspada only fired the shots after he was punched and bear-hugged by the victims. Nonetheless, Mendez-Espada and his attorney had entered the plea arrangement based on the agreed-upon statement of facts and did not dispute the timeline of events prior to it being read into the record. As a result, Circuit Court Judge Thomas Groton found Mendez-Espada guilty of one count of attempted second-degree murder, two counts of first-degree assault and the use of a firearm in the commission of a felony. The attempted second-degree murder count carries a maximum penalty of 30 years, while the two first-degree assault counts carry a maximum sentence of 25 years. The firearm charge carries a maximum penalty of 20 years, with a
minimum mandatory sentence of five years without the possibility of parole. Following the plea agreement and subsequent finding of guilt, Groton ordered a pre-sentence investigation. According to the agreed-upon statement of facts, around 2:10 a.m. on June 29, OCPD officers in and around the 18th Street area on different patrol assignments heard shots fired nearby. According to the statement, one OCPD officer outside his patrol vehicle actually heard a shot whiz by. The investigation revealed a group of six individuals, including four males and two females, had gotten off a bus at 28th Street and were walking south along Coastal Highway toward 11th Street. When the group passed the Islander Motel at 18th Street, they interacted with another group of individuals in and around the motel pool, which sits in a fenced-in courtyard adjacent to the highway. Words were exchanged, but no physical altercation occurred at that time. However, one member of the group walking south heard the members of the group in and around the pool discussing going after the other group. According to the statement of facts, Mendez-Espada followed the group and more words were exchanged, at which point he lifted his shirt and revealed a semi-automatic SEE NEXT PAGE
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