LEONARDTOWN — A Waldorf man charged with first-degree assault in an attack on a security guard at MedStar St. Mary’s Hospital was released the day after his arrest on a $1,500 unsecured bond, court records show, a decision that drew sharp criticism from a St. Mary’s County commissioner this week.
Jaivon Trevor Cole, 28, was arrested Oct. 3 by Maryland State Police from the Leonardtown barrack, according to Maryland Judiciary Case Search. He faces seven charges in St. Mary’s County District Court: one count of first-degree assault, three counts of second-degree assault, disorderly conduct, possession of a controlled dangerous substance other than cannabis, and possession of drug paraphernalia.
The charges are allegations. Cole is presumed innocent unless proven guilty in court, and he has not entered a plea. The St. Mary’s County public defender’s office entered its appearance on his behalf Oct. 5, and the defense has filed a request for a speedy trial and a demand for discovery, records show.
‘Pulling out a weapon’
The case surfaced publicly during commissioner comments at the end of the Commissioners of St. Mary’s County meeting Oct. 20. One commissioner told colleagues that someone had used a weapon to assault a security guard at the hospital and was released on a $1,500 bond, adding that more details would come out eventually.
The commissioner called it “a farce” that the suspect went before a commissioner rather than sitting in jail over the weekend. “No bond or a $1,500 bond release, you don’t deserve that for pulling out a weapon,” the commissioner said.
Another member quickly drew a distinction: the bail decision was made by a court commissioner, a judicial officer of the District Court, not by a county commissioner. “It might have the same title, but not the same role and job,” that member said.
Court records do not describe the weapon, if any, or the guard’s injuries. Neither the Maryland State Police nor the St. Mary’s County Sheriff’s Office has posted a public release on the case, and MedStar St. Mary’s has not commented publicly.
How the release happened
Under Maryland’s pretrial rules, a person arrested without a warrant is taken before a District Court commissioner for an initial appearance, usually within hours. The commissioner decides whether to release the person and on what conditions; a defendant who is held can then ask a judge for a bail review.
Cole’s initial appearance was Oct. 4, according to the docket, and he was released the same day on a $1,500 unsecured personal bond. An unsecured bond requires no cash up front; the defendant promises to pay the full amount if he fails to appear in court. Maryland Rule 4-216.1 directs judicial officers to impose the least onerous conditions that will reasonably ensure a defendant returns to court and does not endanger the public, and generally discourages bail a defendant cannot afford.
The case lands as pretrial release is under debate elsewhere in Southern Maryland. In Charles County, commissioners this week sent a proposed pretrial release program bill back for a redraft that would exclude more serious offenses from eligibility.
The charges and penalties
First-degree assault, a felony under Section 3-202 of Maryland’s Criminal Law Article, applies when someone intentionally causes or tries to cause serious physical injury, or commits an assault with a firearm. It carries up to 25 years in prison. Because it is a felony, the case will move to St. Mary’s County Circuit Court if it is indicted or the charge advances after a preliminary hearing.
The remaining charges are misdemeanors:
- Second-degree assault (three counts): up to 10 years and a $2,500 fine per count
- Possession of a controlled dangerous substance other than cannabis: up to one year and a $5,000 fine
- Disorderly conduct: up to 60 days and a $500 fine
- Possession of drug paraphernalia: a fine of up to $500 for a first offense
A preliminary hearing is set for Nov. 5 at 9 a.m. in St. Mary’s County District Court.
Other open cases
Court records show two other open cases against Cole, both charged by application rather than arrest.
A St. Mary’s County sheriff’s deputy filed charges Oct. 4 of theft of property valued between $100 and $1,500 and “rogue and vagabond,” a Maryland charge generally used for being in or tampering with a vehicle with intent to steal. Both list an offense date of Oct. 3, the same day as the assault arrest. Records do not say whether the cases are connected. A summons was issued, and a preliminary inquiry is scheduled Nov. 13. The theft charge carries up to six months and a $500 fine; the rogue and vagabond charge carries up to three years.
In Charles County, a sheriff’s officer filed a second-degree assault charge against Cole on Aug. 16. A summons in that case was returned unserved Sept. 29 and reissued Oct. 6, and a preliminary inquiry is set for Nov. 23 in Charles County District Court.
Cole has not been convicted in any of the three cases.
