SNOW HILL – The prosecution has appealed a circuit court judge’s decision to dismiss the case against a local man charged with various traffic counts in the death of Gavin Knupp.
In a motions hearing Friday, visiting Judge Brett Wilson granted a motion to dismiss the case against Tyler Mailloux in Worcester County Circuit Court over lack of jurisdiction, although he noted that charges could be refiled in district court. Immediately following the ruling, the prosecution filed a notice to appeal.
“The State is filing an immediate appeal of the dismissal and we will await the decision of the appellate court,” Worcester County State’s Attorney Kris Heiser said in a statement Friday. “Nothing will happen with the case until that decision comes down.”
In April, 17 traffic charges were filed against Mailloux, 23, of Berlin, in Knupp’s death last July. Knupp, 14, was struck and killed by an unidentified motorist in a black Mercedes while crossing Greys Corner Road on July 11, 2022.
Charges included failure to immediately stop vehicle at scene of accident involving bodily injury, two counts of violation of knew, reasonably knew accident might result in serious bodily injury and injury occurred, failure to immediately return and remain at scene of accident involving bodily injury, failure to immediately stop vehicle at scene of accident involving death, two counts of violation of knew, reasonably knew accident might result in death and death occurred, failure to immediately return and remain at scene of accident involving death, two counts of failure of driver involved in accident to render reasonable assistance to injured person, two counts of failure of vehicle driver in accident to report bodily injury, death, attending vehicle damage, property damage to nearest police, failure of vehicle driver involved in accident to give insurance policy information, and four counts of failure vehicle driver within 15 days after accident result in bodily injury, death to furnish required report to administration.
On Friday, Mailloux’s attorney, George Psoras, presented 12 motions for the court’s consideration. The first, he said, was a motion to dismiss for lack of jurisdiction.
“They usurped my client’s opportunity for the case to be heard where the law said it should be heard, district court,” he said.
Psoras argued Maryland’s judicial proceedings article interpreted the jurisdictions of circuit and district court. He said the district court had “exclusive and original” jurisdiction in the matter and ultimately asked the court to either dismiss the case or transfer it to district court.
“This case belongs in district court,” he said.
Assistant State’s Attorney Pam Correa, however, argued that statute provided exceptions allowing the case to be tried in circuit court, including that the penalty for such charges exceeds three years.
Psoras on Friday also presented his motion for a change of venue, arguing that news coverage, social media posts, community protests and the like prevented his client from receiving a fair trial from an impartial jury.
“That’s impossible here …,” he said. “It’s beyond impossible.”
Correa argued that of the 211 pages of exhibits presented by the defense, only 31 mentioned Mailloux by name. She added that there was no evidence to suggest news coverage influenced potential jurors or that social media posts against Mailloux were made by Worcester County residents.
“A change of venue is not appropriate,” she said.
The court reconvened following a brief recess. Before other motions could be argued, however, Wilson granted the defense’s motion to dismiss the case over lack of jurisdiction. The judge told the prosecution that charges could be refiled in district court.
Hours later, the state’s attorney’s office filed a notice of appeal to the Appellate Court of Maryland.
