Higher Court Overturns Dismissal Of Burglary, Assault Charges

SNOW HILL — A suspected burglar who terrorized a local couple and their 7-year-old child before ultimately getting Tased by police will stand trial in Worcester after a Maryland appeals court this month reversed an earlier dismissal of the charges against him.

In September 2013, Ryan Hallihan, now 25, of Rosedale, Md., broke into a condominium on 59th Street in Ocean City, wrestled with a male victim and threatened his wife before the couple and their young child were able to escape into a bedroom and calling police. Ocean City Police arrived and discovered the young family barricaded in a bedroom with the door blocked by a full-size bed and Hallihan hiding in another bedroom.

After several attempts to subdue Hallihan, police were ultimately forced to use a Taser on the suspect to bring him under control. Hallihan was arrested on several charges, the most serious of which were two counts of first-degree assault against the couple, first-degree burglary and reckless endangerment.

However, prior to trial, Hallihan through his attorneys filed a motion to dismiss the four major counts, asserting his use of a “sleeper hold” on the male victim and his threat of using a sleeper hold on the female victim did not constitute a first-degree assault. After hearing a debate on the merits of the case, a Worcester County Circuit Court judge dismissed the four major counts against Hallihan and the remaining counts were not prosecuted.

However, the state filed an appeal of the judge’s ruling on the dismissal of the first-degree assault charges, the first-degree burglary charge and the reckless endangerment count. This week the Maryland Court of Special Appeals reversed the circuit court judge’s dismissal and remanded the case back to Worcester for trial.

Shortly after 3 a.m. on Sept. 29, 2013, Ocean City Police responded to a reported breaking and entering at a condo on 59th Street. The female victim advised police her husband was wrestling with an assailant, later identified as Hallihan, and that she and her 7-year-old daughter were barricaded themselves in a condo.

By the time police arrived, all three of the family members were barricaded in the bedroom with Hallihan allegedly still in the condo. After an unsuccessful attempt to break through the door, OCPD officers entered the condo through the window of the bedroom where the victims were located. The male victim indicated to police the suspect was on the other side of the barricaded door. OCPD officers opened the door and observed the shadowy figure later identified as Hallihan hiding in another bedroom.

After failed attempts to take Hallihan into custody, one of the officers ultimately had to deploy a Taser, which brought the suspect to the floor and into compliance. The victims told police they awoke to hearing Hallihan in their unit around 3 a.m. The male victim went out and wrestled with Hallihan, who attempted to put him in a sleeper hold. When the female victim attempted to intercede, Hallihan allegedly told her he was going to put her in a sleeper hold.

The female victim and her child were able to retreat into a bedroom while the male victim continued to wrestle with Hallihan. The male victim was able to break away from the assailant and retreat to the barricaded bedroom as the female victim called 911.

In the first-degree assault charge against the male victim, the statement of charges alleged Hallihan intended to cause serious injury or death and that serious injury or death can be caused by placing someone in a sleeper hold. In that instance, Hallihan allegedly put his arms around the victim’s head intending to get a lock around his neck. In addition, the charges indicate Hallihan intended to cause serious physical injury or death to the victim by wrestling with him and causing an injury to his ear.

In terms of the first-degree assault charge related to the female victim, although Hallihan did not succeed in causing serious physical injury or death to the female victim, he intended to do so as evidenced by the fact he yelled at her that he was “going to put her in a sleeper hold also.” During his attempt at putting the female victim in a sleeper hold, Hallihan allegedly injured the female victim’s forehead.

Hallihan’s attorney filed a motion to dismiss the first-degree burglary and the two counts of first-degree assault on the male and female victims. During a hearing on the motion to dismiss, no evidence was presented, merely a lively discussion by the defense attorney and prosecutors over the merits of the alleged “sleeper holds” and their means as the grounds for a first-degree assault charge. After considerable debate, the judge dismissed the first-degree burglary charge, the first-degree assault charges and the reckless endangerment charge, while the other five counts were nolle prossed, or not prosecuted.

With this month’s reversal from the higher court, Hallihan will now stand trial in Worcester.

About The Author: Shawn Soper

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Shawn Soper has been with The Dispatch since 2000. He began as a staff writer covering various local government beats and general stories. His current positions include managing editor and sports editor. Growing up in Baltimore before moving to Ocean City full time three decades ago, Soper graduated from Loch Raven High School in 1981 and from Towson University in 1985 with degrees in mass communications with a journalism concentration and history.