Cops & Courts – December 18, 2020

Cops & Courts – December 18, 2020

Rape Suspect Arrested

OCEAN CITY — A Nottingham, Md. man who allegedly raped and sexually assaulted his juvenile niece at a resort hotel in July 2019 was taken into custody last week and formally charged.

On May 15, an Ocean City Police Department (OCPD) officer was assigned to investigate a reported sexual assault of a 13-year-old juvenile female at a resort hotel in July 2019. Child Protective Services advised the juvenile victim had disclosed to her therapist that her uncle, identified as Arlin Duley, now 31, of Nottingham, Md., had touched her under her shorts during a family vacation at an Ocean City hotel in July 2019.

According to police reports, the victim disclosed to her therapist she was vacationing at a resort hotel room with her family and had been sharing a bed with her mother. However, on the night of the alleged incident in July 2019, the victim had an argument with her mother and slept instead with Duley, her uncle, in a different bed in the hotel room.

According to police reports, the victim said she was sleeping when she awoke to find Duley lying on his side with his leg wrapped around her leg while he was hugging her torso with her right arm. The victim reportedly told police shortly after she awoke, Duley allegedly put his hand under her shirt and began rubbing her back. Duley reportedly then put his hand under the waistband of the victim’s shorts and then under her underwear and sexually assaulted her manually for “about two minutes,” according to police reports.

On May 28, the OCPD officer met with the victim’s mother, who reportedly told police her child had told her the similar version of the events that night in July 2019. The victim’s mother said she and her daughter were sharing the hotel room with the victim’s uncle and her grandmother and that she slept with Duley that night because of an argument she had with her daughter.

During the course of the investigation, the OCPD detective interviewed Duley, who reportedly confirmed the events leading up to his sharing a bed with the victim, but would only say he had “no recollection” of the incident. Duley repeatedly said it was possible he touched the juvenile, but that he did not remember or could not recall doing it, according to police reports. Duley reportedly said if it did, in fact, happen, then he was likely asleep and could have engaged in the described contact while he was sleeping.

Duley later contacted the OCPD detective by phone roughly six times to inform the officer he remembered tossing and turning in his sleep and accidentally hit the victim with his arm, which caused both of them to wake up. After Duley’s conflicting stories of the incident, the OCPD detective filed charges of second-degree rape, third-degree sex offense, fourth-degree sex offense and second-degree assault.

A warrant was sworn out for Duley’s arrest and he was taken into custody last Wednesday. He was held initially without bond before being released after posting a $25,000 bond.


Domestic Assault Arrest

OCEAN CITY — A Selbyville, Del. man was arrested on various charges last weekend after allegedly assaulting his girlfriend and destroying her cell phone and smart watch during an altercation at an uptown condo.

Around 7:50 p.m. last Friday, Ocean City Police Department (OCPD) officers were dispatched to a condo at 122nd Street for a reported domestic assault. The officers met with a female victim, who advised she had been assaulted by her boyfriend, identified as Kirk Smith, 35, and that he had also damaged her property.

The victim reportedly told police the couple had returned from an uptown restaurant when Smith grabbed her cell phone and smashed it on the ground. The officers reportedly observed the front and back of the phone shattered and bent in the middle, rendering it inoperable.

The victim said Smith allegedly then punched her in the head, and the officers observed a red mark on the side of her forehead. The victim told police Smith then grabbed her wrist, damaging her Galaxy Smart Watch in the process. According to police reports, the victim spontaneously told the officers, “I fear for my life,” and “he will kill me,” and “he has tried.”

OCPD officer searched for Smith to no avail. A short time later, the officers observed Smith walking toward the condo building and detained him for questioning. Smith reportedly told police he had been in an altercation with the victim, but that she had attacked him unprovoked and punched him in the face. The officers observed a fresh bruise under Smith’s eye, according to police reports.

A background check revealed Smith had multiple outstanding warrants. Based on the testimony and evidence, Smith was arrested and charged with second-degree assault, malicious destruction of property and the outstanding warrants. According to police reports, the value of the destroyed cell phone was around $800 and the value of the smart watch was estimated around $200.


Jail For Assault, Leaving Scene

OCEAN CITY — A Silver Spring, Md. man, arrested in September after first leaving the scene of a vehicle collision and then assaulting several police officers attempting to detain him, pleaded guilty this week to various counts and was sentenced to six months in jail.

Around 4:10 a.m. on Sept. 26, an Ocean City Police Department (OCPD) officer responded to the area of 22nd Street to assist an Maryland State Police trooper with a hit-and-run investigation. The trooper was conducting a traffic stop in the area of 16th Street when he was approached by two females who reported their vehicle had been struck in the parking lot of a nearby hotel by a white pick-up truck and the suspect then fled the area.

The trooper observed the suspect vehicle traveling north on Baltimore Avenue and followed it. The driver of the white pick-up, later identified as Danilo Cativo, 18, of Silver Spring, Md., turned off its lights and turned onto the ocean block of 22nd Street. The officer detained Cativo, who exhibited signs of intoxication, according to police reports. Cativo reportedly admitted striking a vehicle in the parking lot and that he was sorry. The two female victims who were in the vehicle when it was struck by Cativo were brought to the scene and positively identified him as the suspect, according to police reports.

Officers were detaining Cativo when he reportedly demanded that he be given tests. He reportedly became hostile and angry and repeatedly demanded he be given tests. He reportedly was screaming and flailing his arms and body from side to side, striking multiple officers in the process.

While the OCPD was attempting to detain the reportedly violent and agitated Cativo, he allegedly bit one officer’s leg and scratched another female officer. He was ultimately subdued and charged with driving under the influence and hit-and-run. During the booking process, Cativo reportedly kicked another officer and spit saliva on another. It was later learned he drove over the foot of one of the female victims when he was fleeing the hit-and-run collision.

All in all, Cativo was charged with four counts of assault on police officers, resisting arrest, disorderly conduct and possession of a fake ID. This week, he pleaded guilty to second-degree assault and failure to remain at the scene of an accident involving bodily injury and was sentenced to six months in jail.


Disorderly Conduct Arrest

OCEAN CITY — A local woman was arrested for disorderly conduct last weekend after allegedly going on a yelling and screaming tirade at an uptown hotel.

Around 2 a.m. last Sunday, an Ocean City Police Department (OCPD) officer responded to a hotel at 112th Street to assist with an eviction. The officer met with a male individual who reported he was staying in a third-floor room with his fiancé, identified as Baelie Gaudioso, 20, of Bishopville, and that he called police to have Gaudioso evicted from his room because she was yelling and screaming.

The officer located Gaudioso on a bench outside the hotel and she was crying and visibly upset, according to police reports. She also exhibited signs of intoxication, according to police reports. Gaudioso reportedly told the officer she was upset because her fiancé no longer wanted to marry her and that he believed she cheated on him. According to police reports, Gaudioso repeated numerous times that she was “extremely drunk.”

Throughout the interaction, Gaudioso was very loud and continued to yell and scream at her fiancé, according to police reports. She was told repeatedly to keep her voice down or she could be arrested for disorderly conduct. OCPD officer escorted Gaudioso to the room on the third floor to gather her belongings.

Along the way, she continued to yell and scream, despite being ordered to stop and to not disturb other hotel guests. Gaudioso continued to plead her case about the eviction and screamed and yelled for several minutes. By now, guests in other hotel rooms came out to see what the disturbance was. Gaudioso ultimately arrested and charged with disorderly conduct.


Loaded Handgun Sentence

OCEAN CITY — A Pennsylvania resident pleaded guilty last week to two counts of possession of a firearm by a minor and one count of possession of over 10 grams of marijuana and was sentenced to three years, all but 18 months of which was suspended.

On June 10, Ocean City police officers located several individuals sleeping in a vehicle in violation of a town ordinance. Upon making contact with the occupants, the officers detected an odor of marijuana. The officers also learned Ty’ant Gibson, now 19, of Harrisburg, Pa., was wanted on an active warrant out of Harrisburg, Pa. for allegedly discharging a firearm into an occupied building.

OCPD officers began searching the vehicle and located bullet holes in the rear tailgate. OCPD officers also located marijuana, a Glock .40-caliber handgun and a Century Arms Micro Draco assault-style handgun.

In that case, four suspects including two juveniles were arrested on various drugs and weapons charges. Gibson was charged with possession with intent to distribute a controlled dangerous substance (CDS), loaded handgun on his person, possession of a firearm by a minor, possession of an assault weapon and magazine, and possession of a firearm in the commission of a drug-trafficking crime.

Ijahmiere Miquel McKinney, 19, of Harrisburg, was charged with possession of CDS with intent to distribute. McKinney appeared in court in October and had the charges against him put on the stet, or inactive docket. Two juveniles, ages 16 and 17, were also charged with possession with intent to distribute CDS and the dispositions of their cases are unknown.