NEW FOR MONDAY: State’s Attorney Answers Baby Ava Case Critics

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BERLIN — In response to dozens of Facebook posts on the Worcester County State’s Attorney’s page in recent weeks, Beau Oglesby issued a statement on Friday addressing the situation involving Andre Kaczynski.

Back in December, Kaczynski, while allegedly high on PCP, crashed into a vehicle on Coastal Highway in north Ocean City, causing major injuries to Ava DelRicco, who was 18 months old at the time, and her mother.

On the scene of the accident, which occurred in the morning hours, numerous witnesses reported Kaczynski, the owner of a local construction company, was not remorseful. Kaczynski was held through the Christmas holiday, but later released. Days later, he was again arrested on drug possession charges. He was released again after appearing before a District Court commissioner.

Ava spent the holidays and the next two months hospitalized and has just recently returned home, but her recovery from her major injuries continues and the family reports she has a long way to go to return to fully functioning. However, her progress has been considerable and thousands of people are following her status updates on Facebook.

Over the last month, Oglesby has been criticized by some on his office’s Facebook page in an orchestrated campaign for justice. Most are questioning why Kaczynski is a free man today and questioning why he has not been in court yet.

One post read, “Why is this man still allowed to have his license? Every day he is allowed to drive more children and parents could be critically injured or worse could die with him at the wheel. He should be behind bars and never be able to drive again. We are counting on you to do the right thing”.

Another post read, “Please, explain to us why Ava’s tormentor is still on the loose. I have a 19-month-old daughter, and I am afraid to drive with her in the car at times, because I know that people like ‘him’ are out there.  … Please give Baby Ava the justice she so desperately deserves.”

The following is a complete look at Oglesby’s statement, which has been received well by most on his Facebook page.

“Let me begin by expressing my deep appreciation for all those who have come together in common purpose during this unimaginably difficult time to support the DelRicco family. Through your thoughts, prayers and sacrifices our community has once again shown that the family values we hold so dear can lift the spirit and inspire thousands to selflessly give what is needed to those who need it most.

“The Office of the State’s Attorney continues to be committed to holding Andre Kaczynski absolutely accountable for his actions. While it may be true that Mr. Kaczynski was released from jail pending trial, that decision was made by the District Court of Maryland. This Office participated in his pretrial release hearing before a District Court Commissioner and convinced the Commissioner to hold him without bail over the Christmas holiday. After that holiday, our Office was again present when Mr. Kaczynski was brought before a District Court Judge and subsequently released on a $25,000 bond per the Judge’s order. Additionally, all decisions regarding an individual’s privilege to drive a motor vehicle rests solely in the discretion of the Motor Vehicle Administration.

“I continue to be in contact with the DelRicco family keeping them informed. However, Maryland laws and court rules often prohibit making specific comments regarding pending criminal cases to the general public. This can be very frustrating. Not just for this Office, but for the community as well. However, in cases where so much depends on every detail – we must trust the process in order to protect the integrity of the criminal prosecution. I ask that you trust this Office to stand strong on its promise to deliver the justice that the DelRicco’s so rightly deserve.

“In the very near future this Office will release additional information concerning the prosecution of Mr. Kaczynski and the status of Ava’s Law.

As always, I remain unwavering in my commitment to serve the community that has graciously entrusted me with great responsibility.”

Beau H. Oglesby, State’s Attorney for Worcester County.

15 comments on “NEW FOR MONDAY: State’s Attorney Answers Baby Ava Case Critics

  1. What did he say? NOTHING! He is passing the buck to the MVA. What a crock! I’ve seen people loose their drivers license for way way less then this…. The law can take the licence and make him go to court to get them back…….. Google it.

  2. I believe you said he owns a constuction company? That,s bull****! Money Talks, and that AS***** Walks!!! My Belief Anyway!

  3. Connie…regarding the MVA it is true. The law can only take a license when he is found guilty in either the State or MVA court, or in some states on the spot for excessive speeding. Regardless, it really doesn’t matter whether he has a license or not, the license is just a card in your wallet and won’t prevent irresponsible people from driving. Whether loosing a license due to multiple DUI’s, too many points, no insurance, etc. THEY STILL DRIVE. Happens all the time.

  4. The Judge should be held accountable. Not the states attorney. And as for the MVA taking away licenses that is correct too. Maryland law is messed up in a really bad way. My Father was killed in a motor “accident” and the person that killed him was able to walk away and go home to his family. Now GOD forbid if he (Kaczynsk) would have killed someone on PCP/drugs well then maybe he would still be behind bars. If anyone should to be to blamed for his release it should be the Judge who signed the papers and the Bail Bond company who thought it was ok for his release. Justice will not be served until he is behind Bars feeling the pain that Ava and her family went and are going through. Like I said MARYLAND LAWS SUCKS. Let this man commit tax fraud and see him in Jail longer then hes been there for injuring her and her Mother ! ! ! Grrrrr…. ! ! !

  5. It is unfortunate that emotions have taken over for common sense. Thank you Mr. Oglesby for your comments. Regardless of the minority of opinions against what you said, those comments are wrought with emotion. I would be surprised if anyone making negative comments concerning your statement have ever had to experience of working in the system. There is a system in place and the S.A’s office has their hands tied when it comes to things. He is absolutely right that he does NOT have the authority to pull someone’s license for the charges that he is facing. It is the decision of the court and the MVA in order to do that. What about due process? This country is built upon the foundations of due process…I absolutely abhor the situation that the DelRiccos have been put in and I pray daily for Ava and the family. I think that what this man is accused of is sickening. However, you, the court of public opinion have already tried and convicted the man. Yes, it’s not fair that he’s on the street, but the S.A. tried. It’s not fair that he was arrested a second time and he’s out again; the S.A. tried. Those who don’t agree with the law, vote and change things… Google is not the court room or the M.V.A. hearing room. Google CAN be manipulated.

  6. Dear State Attorney Oglesby,
    What if someone walked up to you or your loved ones and and shot a gun injuring you or them, how would this criminal behavior be handled? Is it called attempted murder i.e. John Hinckley?
    There is no difference the idiot driving under the influence and with a vehicle as the weapon is just as guilty.

    You and everyone else in the state know what to do, quit passing the buck.

    Further more he wouldn’t need his drivers license if he were in jail, where he belongs.

    He is a holy Terror., put him away!

  7. his license should be revoked…..people like him do not deserve another chance or money spent on to rehab…and since he is a contractor he should be court ordered to build/construct child related items which can be sold with monies benfitting the Del Ricco family.

  8. sorry connie, you are not correct. Virginia has the ability to take your license, but not Maryland. In serious cases police can only issue a must appear citation, then it has to be heard in District Court. Most Must Appears allow for an election of a jury trial. This and postponements put the cases of for six months to a year after they occur. even in the case of DUI’s the offender keeps his license for at least 45 days to allow for an MVA hearing. Only the MVA, through points, or an administrative law judge in the MVA afer a hearing, have the ability to take someone license. The police and state’s atty can do all of the charges they want, but it is the MVA that has control over the licenses. the offender then has to be found guilty in court to put them back in jail once they have bonded out on their charges. Under certain circumstances a judge can revoke bond, but it does not happen very often.

  9. I am not familiar with Maryland law but in VA a judge can revoke or suspend a license. I agree with others that he is being way to PC and scared to take a stand. This is what is wrong with this country today….we don’t hold people accountable for their actions. Make a point to others out there who want to try the system. If the punishment is harsh enough others who may think of driving under the influence will think twice. This is sad, very sad.

  10. MD Lawyer’s Rules of Professional Conduct prevents SA’s and ASA’s from taking “a stand.”
    Read below-
    (e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

  11. What a lot of people fail to understand is that the case has not gone to trial, yet. Why don’t you see how the case proceeds before rushing to judgement against the State’s Attorney?

  12. The confusion lies in the lack of understanding of the role/duties of the SA. They are not there to gain convictions but to seek justice by presenting the case in front of them. They are not acting in the role of attorney for the victim. As their duty is to the state (which includes the defendant)they are prevented from appearing biased in any way shape or form. It has nothing to do with Oglesby being too PC but has all to do with that old document call The Constitution, which his oath requires him to uphold.

  13. Here is what U don’t understand when you look this guy up they only charges are see are for CDS. Where are the charges for the accident, for almost killing to people. The judical system has failed this family so far. I can only hope that they receive some sort of justice soon. I have been follwing the families story and I am glad Ava is home, they are always in my thoughts and prayers.

  14. Wow really why did this guy even get a bond in the first place..he should still be behind bars and paying for what he did to the family..seriously i lost my license for going 5 miles over the speed limit and he was going twice the speed limit and critcally injuring people and he still got them…the system is all screwed up

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