The following statement was issued by Calvert County Sheriff Mike Evans on the Department’s Facebook page at 3:40 p.m. today:
First and foremost, my continued prayers and condolences go out to the family of Leah Clark, who was struck and killed on Oct. 29, 2019. This case involved an off-duty deputy sheriff who was allegedly drinking and driving. A trial concluded on March 18, 2022, and in my opinion, justice was NOT served. I believe if the alcohol tests had not been suppressed by the judge, the results of this trial may have been different. At the scene, I requested the Maryland State Police to handle the possible criminal investigation (DUI) and they agreed to do so. The Calvert County Sheriff’s Office conducted the crash reconstruction investigation on the scene.
In the future, in this type of incident, we will request Maryland State Police to conduct the entire investigation. Again, my sincere condolences go out to Leah’s son Lyric, fiancé Terry ‘Tbo’ Butler, and parents Fran and Justin. In closing, there is no further information I can provide due to pending litigation.”
Former Calvert County Deputy Joseph Francis Migliaccio, 33, of Prince Frederick, was charged with driving the vehicle that struck Ms. Leah Clark.
On February 19, 2020, Mr. Magliaccio’s case went before the grand jury and he was indicted on charges of:
- Negligent Manslaughter by Automobile
- Manslaughter by vehicle or vessel — Criminal negligence
- (2)Negligent Homicide by motor vehicle or vessel while under the influence of alcohol
- Homicide by motor vehicle or vessel while impaired by alcohol.
- Driving a vehicle while under the influence of alcohol
- (2)Driving/Attempting to drive a vehcile under the influence of Alcohol
- Negligent Driving
- Driving vehcile on the highway at speed exceeding the limit
On March 18, 2022, Joseph Francis Migliaccio was found guilty of negligent driving and driving a vehicle on the highway while exceeding the speed limit. Migliaccio was found not guilty on the rest of the charges.
The Southern Maryland Chronicle is continuing to investigate this case and will bring it once we have received more information.
