OCEAN CITY — Two suspects found guilty in February for their roles in a melee on the beach at North Division Street last July, involving an Ocean City Beach Patrol officer and several OCPD officers, are now likely heading back to serve their original 30-day sentences after legal technicalities derailed their appeal processes last week.
Two of the four suspects charged in the incident last July that attracted regional attention — Dalima Palmer, 25, of Dumfries, Va., who was nine months pregnant at the time and ultimately needed an emergency C-section following the brawl, and her fiancé, Musa Seisay, 25, of Garrisonville, Md. — were found guilty of second-degree assault in February and each sentenced to 30 days in jail.
Palmer and Seisay immediately filed appeals, which forwarded their cases to Worcester County Circuit Court. However, technical legal issues led to their appeals being dismissed and they are now headed back to District Court in Ocean City where they will likely be remanded to jail to serve their original 30 day sentences. In addition, Palmer and Seisay now face escape charges because technically once they failed to appear for their appeals hearings in Circuit Court, they were considered to be wanted convicts.
After their conviction in District Court, Palmer and Seisay filed for appeals in Circuit Court pro se, a legal term meaning they were not filing the appeals through their attorney Bruce Johnson, who represented them at the District Court level. Palmer and Seisay then contacted Johnson about representing them through the appeals and made arrangements to pay the attorney for his services.
Once Palmer and Seisay obtained the services of Johnson, they believed the attorney would represent them at the preliminary hearing for the appeal and that they would not have to show up for that initial proceeding. However, the original appeal they filed before obtaining Johnson’s services was active and Johnson had not yet been entered as the attorney of record, nor had he formally filed his own appeals on behalf of his clients. In the end, Palmer and Seisay failed to appear for their preliminary hearings in the appeal and the appeals were then dismissed and escape charges were added against them.
Last week, Johnson explained the mix-up and filed a new motion to appeal on behalf of Palmer and Seisay. Deputy Worcester County State’s Attorney William McDermott argued the miscommunication was not a good cause and the Worcester County Circuit Court judge agreed, essentially dismissing the second attempt at an appeal and remanding the case back to District Court. Palmer and Seisay will likely have to serve their original 30-day sentences. In addition, the couple still faces active escape charges.
Abdul Kargbo, 25, of Woodbridge, Va., another suspect in the beach brawl, was found guilty of disorderly conduct in February and was also sentenced to 30 days, but did not appeal. A fourth defendant, Saidu Kargbo, 21, of Woodbridge, was found guilty of second-degree assault and was fined and placed on probation.
The incident began around 2:30 p.m. last July 21 when Ocean City Police responded to the beach at North Division Street for a reported group of disorderly males. When OCPD officers attempted to speak with Abdul Kargbo, he allegedly began cursing and yelling at the officers and attempted to leave the scene. As officers attempted to arrest Kargbo, several other members in the group began to yell at police and act in a threatening manner.
What happened next, according to police reports and witnesses on the beach, was a pushing and shoving match between the suspects and police, including punches thrown, as officers attempted to detain the combatants. According to police reports and testimony at trial, Seisay and Saidu Kargbo allegedly assaulted officers and resisted arrest. Palmer was also involved in the fray and allegedly verbally and physically abused the arresting officers. During the struggle, Palmer was wrestled to the beach by OCPD officers and an attempt was made to handcuff her. She was eventually taken into custody and transported to the Public Safety Building for processing.
During Palmer’s processing on charges of assault and reckless endangerment, she began to experience labor pains and she was transported to the hospital where she had an emergency C-section. Palmer was formally charged days later after the birth of her child with assault, resisting arrest, obstructing and hindering and disorderly conduct.
Two days after the incident, the suspects’ family and friends told a Washington, D.C. area TV news station the Ocean City Police account of the incident was false and the group was not being disruptive on the beach. Instead, the suspects’ version claimed the incident was veiled in hints of racism and profiling.
A cell phone video of a portion of the incident went viral almost immediately and police officers were criticized in many circles for the alleged excessive force used on the pregnant Palmer. From the beginning, however, OCPD officials stood by the actions of the officers under the circumstances.