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Goings on in Gaithersburg, Maryland

December 26th, 2007

Police Investigate Suspicious Death In Gaithersburg (update 9)

Update 9: Leah Fabel writes in the Examiner, Montgomery judge denies Marine bail in dad’s death:

Barry Helfand, Winters’ attorney, argued for a reasonable bail so he could attend his father’s funeral, to be held Friday morning at Rockville’s Temple Beth Ami.

Outside the courtroom, however, Helfand said there was “no way” Judge Gary G. Everngam would have let that happen.

And Ernesto Londoño writes in the Washington Post, Case Against Son Is Shaky, Lawyer Says:

The attorney, Barry H. Helfand, said police have not recovered a weapon, spoken to a witness to the slaying or obtained an incriminating statement from the defendant, David Winters.

“This is like charging someone with murder and we’ll do the investigation later,” Helfand said during an afternoon bond hearing in Rockville.

Update 8: Ernesto Londoño and Daniel de Vise write in the Washington Post:

Andrew R. Winters was a proud dad.

So proud, neighbors and friends said, that he had recently begun wearing a maroon Marine Corps T-shirt in support of his son David, 18, who just completed boot camp.

That makes the account that Montgomery County police provided yesterday all the more baffling.

David Coleman Winters

Update 7: An updated WTOP story has a the full mugshot from the County Police (who as usual are releasing this only to the mainstream media), included here to the right.

Also, Stacy Cohen has a video report on Channel 5.

Update 6: Channel 9 reports some more information about the David Winters:

A spokesman for the US Marines, Major Tim Keefe in Quantico, tells 9NEWS NOW that Winters entered the Marines in August, 2007 and held the rank of Private E-1.

He was assigned to the Marine Corps Service Support schools at Camp LeJeune, N.C. Private Winters had just begun Basic Logistic Embarkment Specialist training a week ago today (Dec 19) and was home on liberty.

Also, Erin Donaghue writes in the Gazette, North Potomac teenager charged in stabbing death of father:

The motive is still under investigation, according to police. The official cause of Andrew Winters’ death will be determined after an autopsy by the Medical Examiner’s Office in Baltimore.

David Winters is being held without bond at the Montgomery County Detention Center. He is scheduled for a bond review hearing Thursday.

David Coleman Winters

Update 5: Ernesto Londoño has a brief item on the Washington Post’s website, which includes the photo of David Winters to the right.

Update 4: The County Police have now posted a press release on this incident:

12/26/2007

Suspect Charged for Homicide in North Potomac

Detectives from the Montgomery County Police Major Crimes Division – Homicide/Sex Section are continuing to investigate a homicide that occurred last night in North Potomac. A suspect has been arrested and charged.

The investigation began last night at approximately 10:35 p.m. when 6th District officers responded to Shady Grove Hospital to interview David Winters, the alleged victim of an assault. He was being treated for lacerations to his fingers. It was noted by officers that the blood on his clothing was inconsistent with his injury.

The preliminary investigation developed that David Winters and his father, Andrew Robert Winters, age 55, had been walking in the area of the 11000 block of Darnestown Road in North Potomac, when they were assaulted by a group of five or six unknown males. The son ran from the scene, but the location and condition of his father was unknown.

Officers assisted by K-9 and a Maryland State Police helicopter searched the area where the two had been walking. At approximately 11:45 p.m. the body of Andrew Winters was found in the area of Muddy Branch Park. He had apparently sustained multiple stab wounds. The cause and manner of death will be confirmed after completion of an autopsy by the Medical Examiner’s Office in Baltimore.

Through the course of the investigation evidence was not found to support David Winters’ allegation that the two men had been attacked by a group of males. David Coleman Winters, age 18, of the 14400 block of Rich Branch Drive in North Potomac, was arrested and charged with first-degree murder. A motive for the murder is still under investigation. Winters is currently being held without bond at the Montgomery County Detention Center.

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Contact: Media Services Division Phone: 240.773.5030

Also, there are stories (many of them just the AP wire story) on MSNBC, Baltimore Channel 13, Baltimore Channel 11, The Examiner, and WTOP.

Update 3: Channel 4 has a new video report by Cheryl Butler posted, and Channel 7’s video report by Sarah Lee has been updated.

Update 2: Channel 7 now reports that the accused assailant was an active-duty Marine:

Montgomery County Police have arrested and charged an active-duty Marine with killing his father.

Eighteen-year-old David Coleman Winters was taken into custody at a hospital where he had gone for treatment of cuts on his hands. He is charged with first-degree murder in the death of his father, 55-year-old Andrew Robert Winters. Police say David Winters told doctors that he had been jumped by a gang of five or six people. Doctors called police, who later located the body of the elder Winters, who had apparently been stabbed to death.

There is currently a video report linked from that page, but it was posted before charges were filed.

Also, Channel 4 has an updated story credited to Cheryl Butler:

The body of Andrew Robert Winters, 55, was found at about 10:30 p.m. on Tuesday in a wooded area near Route 28 and Muddy Branch Road in Gaithersburg.

Officials said Winters and his son, David Coleman Winters, 18, both of 14416 Rich Branch Drive, were walking Tuesday night when the son said they were assaulted by a group of men.

To be precise, it should be noted that none of these addresses are within the city limits of Gaithersburg, as they are south of MD 28.

Update: Channel 5 now reports that it appears the two incidents described the Channel 4 report were in fact linked:

An 18-year-old Montgomery County man is being held on charges of first degree murder after his father was found dead Christmas night of apparent stab wounds.

The son, David Winters, went to Shady Grove Hospital and claimed the two were assaulted by five or six people and that his father, Andrew Winters, had gone missing.

Channel 4 reports:

A body was found at about 11:30 p.m. on Tuesday night in a wooded area near Route 28 and Muddy Branch Road in Gaithersburg.

Meanwhile, police are investigating an assault that happened at about the same time in an area nearby.

Police said that at about 11:20 p.m. on Tuesday, a man and a friend were attacked near Route 28 and Dusies Mill Road in Gaithersburg.

I’m not able to find any “Dusies Mill Road” on the map. Possibly this is supposed to be Dufief Mill Road, which is in fact nearby Muddy Branch & MD 28.

December 26th, 2007

Washington Post: Drug Tests Indicate Former Army Ranger Violated Bond Terms

Ernesto Londoño writes:

A former U.S. Army Ranger accused of killing his roommate and fellow Ranger last year in Gaithersburg has tested positive for marijuana numerous times in recent weeks, violating the terms of his release on bond, according to court documents.

During a hearing yesterday morning, Montgomery County Circuit Court Judge Eric Johnson ordered Gary James Smith to immediately provide urine for a drug test and said he intends to send Smith back to jail if the test indicates drug use, said Smith’s attorney, Andrew V. Jezic. Smith is charged with first-degree murder.