BERLIN – The Appellate Court of Maryland will convene in March to hear oral arguments regarding the dismissal of charges against Tyler Mailloux.
Last Friday, the Appellate Court of Maryland denied a motion from the Office of the Attorney General seeking to advance oral arguments in the appeals case involving Mailloux, a local man who was charged earlier this year in the hit-and-run death of 14-year-old Gavin Knupp. The motion, unopposed by Mailloux’s legal counsel, asked the court to move its argument date from the March 2024 session to the February 2024 session and to set a corresponding due date of Jan. 22 for a reply brief.
“Given the importance of the jurisdictional issues in this case, and given that Gavin Knupp’s tragic death occurred almost seventeen months ago, the State respectfully requests that this Court advance argument in this case to the February 2024 session of this Court,” the motion reads.
In April, 17 traffic charges – including failure to immediately stop at the scene of an accident involving bodily injury and failure to immediately stop a vehicle at the scene of an accident involving death – were filed against Mailloux, 23, of Berlin, in the death of Knupp last July.
Knupp was struck and killed by a motorist in a black Mercedes while crossing Greys Corner Road on July 11, 2022. Knupp was returning to a vehicle driven by his older sister and died from injuries sustained in the collision. Mailloux allegedly fled the scene and did not return, according to charges filed. Six days after the incident, the Mercedes identified as the vehicle in the collision was seized from a local home.
During a motions hearing on Aug. 18, Judge Brett Wilson granted a motion to dismiss the case against 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 Worcester County State’s Attorney’s Office filed a notice to appeal.
Since that time, both the attorney general’s office and the office of the public defender, Mailloux’s legal counsel, have filed briefs with the Appeals Court of Maryland.
While the state argues that relevant statutes gave both the district and circuit courts concurrent jurisdiction over all charges filed in the case, the appellee opined that the “plain language” of the statute indicates charges in the case should have been filed in district court.
Both parties have also asked that oral arguments be heard. While the court is scheduled to hear oral arguments at its March proceedings, the state last Tuesday issued a motion to advance oral arguments to the February session and to set a filing date of Jan. 22 for its reply brief.
“Counsel for Mailloux, Assistant Public Defender Celia Davis, has stated that she has no objection to this motion,” the motion reads.
Last Friday, however, the Appellate Court of Maryland denied the motion. Oral arguments will be heard in March, at a date to be determined.