From the Harford County State’s Attorney’s Office:
William Galvin Ensor, 28 years old, was sentenced to serve twenty-eight years in the Division of Correction for 2 burglaries, being a felon in possession of a firearm, second degree assault, possession of a handcuff key in jail and theft over $1,000. Ensor plead guilty to the offenses on 16 July 2012 before Judge Maurice W. Baldwin who sentenced the defendant to a total of eighty-five years and suspended the balance, placing the defendant on five years probation upon release and requiring him to make restitution.
The first burglary occurred on 12 January 2012 at the home of Harry and Maureen Parks near Bel Air. Later that same day Ensor stole two computers from the Staples store in Bel Air. The second burglary occurred a week later on 19 July 2012 when Ensor was caught in the act of breaking into the home of Roger and Nancy Hall near Aberdeen. Ensor aimed the car he was fleeing in at two deputy sheriffs who had responded to the scene. Ensor then wrecked the car he was driving. Upon his arrest Ensor, who had already been convicted of burglaries, was found to be carrying loaded handguns. A week later on 25 January 2012, Ensor was searched at the Harford County Detention Center and found to be in possession of a handcuff key.
Ensor’s attorney David Henninger argued that in Maryland a criminal can only be sentenced to thirty years for second degree murder and Ensor should not be sentenced to more then that for property crimes. Henninger pointed out his client committed crimes because he has a drug problem. Harford County State’s Attorney Joe Cassilly asked the court to sentence Ensor to thirty-five years to serve pointing out that not only did Ensor have three prior convictions for burglary but that burglars stole more than property; they stole the homeowners’ trust in the sanctity of their home. Cassilly also pointed out that Ensor was on probation and parole and had opportunities for drug treatment while he was committing new crimes.
I wonder how much he paid for the eighty five year sentence……and must serve 28. I’d have gone with a public defender…….Trying to run over police…tisk tisk….have fun in DOC
Another Junkie off the streets. Good riddance.
That’s more time than a murderer gets.
yeah, but this isn’t the first time for him in the rodeo. He has done it before and why shouldn’t he get the time. You do the crime….now do the time.
I wonder when the states attorney office in this county will start to realize that first degree assault doesn’t have to involve a gun. Any weapon constitutes first degree assault be it a gun, knife, bat, or car. He should have been charged accordingly but at least he got a good amount of time.
Any weapon does not automatically constitute first degree assault.
To get a first degree assault conviction, you need a second degree assault plus one of the following:
The use of a firearm, or the specific intent to cause serious physical injury.
Paul Mc….a second degree assault can be as simple as tapping someone. You can get a first degree assault with a knife, bat, chair or etc. A first degree assault is trying to kill or seriously hurt the person. I think the state’s attorney did a good job in this case. I still would have gone with a public defender. I am sure Dave cost a pretty penny and promised that he was friends with the judge and could make the right deal.
While you CAN have a first degree assault with any weapon, there is specific code in place for a first degree assault with a firearm.
If you use another weapon, in order to have a first degree assault, you must prove there was specific intent to cause serious physical injury. That is why many aren’t charged with, and/or convicted of, first degree assault. The proving of the specific intent, as opposed to recklessly or negligently causing harm, is much more difficult.
Furthermore, for an assault, there does NOT need to be any contact, simply the threat of it.
Also, just so you know, a first degree assault is not necessarily trying to kill someone. You can have a first degree assault by trying to frighten someone while using a firearm or even “tapping” someone while utilizing a firearm. Neither the mens rea, nor the actus reus of a first degree assault(the firearm version) require the attempt to kill or do serious bodily injury.
Drugs don’t rob people, people rob people..
a first degree assault can be something other then a firearm. You must think that all of the criminals in harford county walk around with a gun and use them. You can walk down the street with a knife and use it in the commission of a felony and be charged with first degree assault. Getting back on message…..this is a career criminal who thought he would get a good lawyer and walk with just two years in the harford hilton. He was amazed that he got 28 years and now he can make new friends. I would have still stuck with a public defender. Now his family, who thinks he is a model citizen and goes to church, are out the money for the lawyer. AND they are going to be paying for his phone bills and commissary. All because he wanted to rob and steal from honest citizens.
Yes, a first degree assault can be with any other weapon, however, with the other weapon, there must be specific intent to cause serious physical injury.
There is no need for an intent to cause serious physical injury when a firearm is used. The simple use of the firearm with the assault makes it first degree.
The use of a knife in a felony does not necessarily mean a first degree assault. There must be specific intent to cause serious physical harm. When a firearm is used, there is no need to prove an intent to cause serious physical harm.
if the firearm and knife are displayed.. that can up the ante to first degree assault. He used a vehicle to try and run down the police. That is a weapon that raises it to first degree. Now if he is driving without a seatbelt and no insurance and no driver’s license. That adds more charges. Besides attempted first degree murder and god forbid he didn’t listen to the orders of the police. Failing to obey a lawful order. The states attorney can add charges and drop charges when going to trial. Again, I would have used a public defender because of the cost, to his family, and he can now go the post office and put in a change of address. When maryland passes the same sex marriage….he can marry his celly.
The displaying of a weapon doesn’t matter. The use of a knife doesn’t matter.
There are two ways to get a first degree assault.
The first is the use of a firearm.
The second is the specific intent to do serious physical injury.
These are the only two ways to get a first degree assault.
The use of a weapon,that is not a firearm, in the commission of an assault, does not raise an assault to first degree.
In this particular case, it was not the use of the police car as a weapon that raised it to first degree assault, it was the intent to do the serious physical harm to the police officers that made it the first degree assault.
As for the other charges, yea, he could get charged with them, but that doesn’t matter when it comes to the determination of first degree assault.
I agree with you about using a public defender, I would have as well.
using the car was a weapon. The intent was to run over a cop. Displaying a firearm does not cause a first degree assault. You have to use the weapon in the commission in a felony. IF you use the knife in the commission it can be first degree. I think you need to go check your degrees.
Ok, yes, the car was a weapon, however, that is irrelevant. It doesnt matter that a weapon was used. The use of the car had nothing to do with it being a first or second degree assault. It was the intent to do serious physical harm that made it a first degree assault.
I never said displaying a firearm made anything a first degree assault. I said you must use it. If you use a firearm while you assault someone, it is a first degree assault. This is from the maryland code.
I am going to explain this one more time.
To have a first degree assault, you must have a second degree assault AND one of the following:
the use of a firearm; OR
the specific intent to do serious physical harm.
There is no other way to get a first degree assault.
Using a weapon in the commission of a felony is not in and of itself an assault.
Using a knife in the commission of a crime can be a first degree assault, however, the knife does not make it the first degree assault.
If you commit an assault, and you use a firearm, it is a first degree assault. Simply using a firearm while committing an assault makes it a first degree assault.
If you commit an assault, and you have a knife, it may or may not be a first degree assault. Simply using a knife does not make the assault first degree assault.
paul….you have this fixation with using a gun. A first degree assault can be a car, a bat, a knife. Just displaying the weapon doesn’t mean a first degree. There has to be other circumstances that are surrounding the crime that make it a more serious crime. The problem is sometimes the victim doesn’t want to testify in the court case and the charge gets downgraded and or pled out. We are not talking church going people who would be eating at our dinner table. These are people who would steal the dinner table and sell it for crack. So you and I going round and round about tit for tat means nothing to them. He committed the crime….had a paid lawyer…..got 28 years in jail and thought he could get maybe two in the detention center and get a detail and get our sooner….figured the lawyer could talk to the judge and with a wink and a nod the judge would agree with the “paid” lawyer. The only problem was that Judge Baldwin doesn’t play those games and gave the guy more time then his lawyer wanted to. A lot of these criminals go back and laugh at the jail time they get and how stupid the judge was when listening to their sob story. How they didn’t have a father growing up and were on their way to church! Judge Baldwin saw through the smoke and mirrors and gave the guy what he deserved. Only problem is there are more of him to go before a judge who would buy the sob story.
Harford Criminal,
“you have this fixation with using a gun. A first degree assault can be a car, a bat, a knife. Just displaying the weapon doesn’t mean a first degree. There has to be other circumstances that are surrounding the crime that make it a more serious crime.” – No, no fixation on guns at all. My very first post in this thread simply stated the law.
To determine if there is a first degree assault, you look for 3 things.
First, was an assault committed? If no, then there was no first degree assault.
If yes, then one of two things MUST have occurred:
Either there was a firearm used;
OR there was specific intent to do serious physical harm.
“Maryland Code, Criminal Law, Section 3-202(a) states:
(1) A person may not intentionally cause or attempt to cause serious physical injury to another.
(2) A person may not commit an assault with a firearm”
These are the only two requirements for assault in the first degree. It doesn’t matter if you use a bat or a knife or any other weapon. The use of a weapon other than a firearm does not make it a first degree assault.
Now, yes, a first degree assault can be done with the use of any weapon, but the weapon (other than a firearm) does not matter. What matters is the intent of the person. They must intend to do serious physical harm.
If you commit an assault, and you have a firearm, it is first degree assault.
“The problem is sometimes the victim doesn’t want to testify in the court case and the charge gets downgraded and or pled out. We are not talking church going people who would be eating at our dinner table. These are people who would steal the dinner table and sell it for crack.” – Most cases are pleaded out.
“So you and I going round and round about tit for tat means nothing to them.” – I am just trying to educate you a little on the law, which you seem to have a difficult time understanding.
Anyways, have a nice day.
paul…..you seem to know a little about the law, but not that much. did you not read the part about the lawyer and the sob story? You may be fixated on having a gun in the commission of a felony, but see to miss the whole point about the article. Yes you are right about using a gun, but you do not and have not commented on the sentence and what goes on in the courthouse. Most defendants get a lawyer from word of mouth or what they can do for them because they are friends with the state and judge. This seems to be one way a defendant tries to get a better sentence. BUT it did not work in this case. There are plenty of good lawyers in harford county that do a decent job at getting their client a good sentence. I for one would like a lawyer who can really do the job and not a lot of smoke and mirrors. It happens all to often that the defendant uses his upbringing to get a better sentence. I grew up on the wrong side of the tracks and didn’t have to rely on getting a lawyer to defend me. So you can argue about having a gun to commit a first degree assault and I can argue that you can use something else to have the same charge. Also, trying to run down the police is a bad idea. That is a way to start the day wrong. Besides, I still would have went with a public defender in this case. He probably relied on his family to pay the money that he didn’t have and they used all their money to try and get him a good lawyer and two year sentence.
have a nice harford county day.
Harford,
The point of my original post, to which you responded, was to correct the post from Across the Bridge, which stated ‘any weapon constitutes first degree assault’. That is not the case, any weapon does not constitute first degree assault. That was the entire point of my post.
As for missing the point of the article, no, I didn’t miss the point, I simply chose not to comment on it.
As for the rest of the article, I haven’t commented on that either.
“So you can argue about having a gun to commit a first degree assault and I can argue that you can use something else to have the same charge.” – I am not arguing that another weapon can be used during a first degree assault. I am arguing that the use of a weapon is irrelevant. It doesn’t matter if you use any other weapon. The use of any other weapon has no bearing on if the assault is first or second degree. That is all I am trying to say. Can you commit a first degree assault with any other weapon, sure. Does it matter that a weapon was used? Absolutely not. The use of the weapon is meaningless when it comes to being charged with first degree assault.
So, I agree that any weapon can be used during a first degree assault, however, the use of any weapon besides a firearm has no bearing whatsoever in making the assault first degree.
so then I feel you are one of the problem. You chose not to comment on the article, but ramble on about a gun and first degree assault and all your dribble. Let me guess….you are one of the ones who paint a rosy picture of life and only think you know things about the law. So…I am choosing to not respond…anymore to your dribble. You seem to think that a first degree assault is only a gun……so consider yourself lucky that I am not commenting on something because you feel it is not important.
Harford,
“so then I feel you are one of the problem. You chose not to comment on the article,” – You feel sorry for me because I choose not to comment on the article? Ok, I feel sorry for you because you do comment on it. (See, isn’t that really kind of silly)
“but ramble on about a gun and first degree assault and all your dribble.” – I simply provided accurate information to a post that gave out inaccurate information. I can not change what the law is.
“Let me guess….you are one of the ones who paint a rosy picture of life” – Your guess would be wrong. Good try, though.
“and only think you know things about the law.” – I do think I know something about the law. I have been educated in it and I can read the Maryland code.
“So…I am choosing to not respond…anymore to your dribble.” – Aww, I am now very sad. I was enjoying this.
“You seem to think that a first degree assault is only a gun” – No, actually, if you were to comprehend what I have stated over and over again, a first degree assault is (a) with a firearm, OR (b) with the specific intent to do serious physical harm
“……so consider yourself lucky that I am not commenting on something because you feel it is not important.” – I really have no idea what you mean by this.
Anyways, have a nice day, Harford Criminal
I just want to make sure this is captured by Bane’s crime report. Crime is down he claims? Some of the things I read in the Dagger say otherwise. You would assume this stuff is happening near the route 40 corridor…not so much…in his own back yard right in Bel Air now. Wake up Harford County…are we any better off now than we were in Bane’s first election? The more things change, the more things stay the same!
Fed up, I knew it wouldn’t be long before one of the anti-Bane clan blogged. These people use every opportunity to campaign against him. Are you one of the bellyachers from the Sheriff’s Office who want Gahler so that they can get rank that they otherwise couldn’t get, or are you a tea party member who is upset because the sheriff had to spend money for a new wing to the jail and the resulting furniture and equipment to go with it? Which are You?
LOL , Harford criminal, for those of us who actually know how the system works in Harford County Court, it’s very amusing that you think there are lawyers who are “friends” with the Judges and can promise light sentences because of it. It shows just how ignorant you are as to how things really work in the courthouse. The Judges aren’t friends with the attorneys. They have a rapore with the Judges that can sometimes help with fighting for their client, but they certainly aren’t giving them any big favors. And news flash, a jury might be swayed by a sob story, but the Judges have heard it all before and they didn’t just get off the boat. They are certainly more lenient than I would be, but the sentencing they receive isn’t because of some sob story the criminal or their family thought up. I have never seen a Judge be sympathetic to one of these idiots. So do us a favor and stop talking as if you know what you’re talking about when you obviously don’t.
MIA…seen it first hand and heard it first hand……Why do you think criminals use certain lawyers.
LOL , Harford criminal, for those of us who actually know how the system works in Harford County Court, it’s very amusing that you think there are lawyers who are “friends” with the Judges and can promise light sentences because of it.
–Judges don’t give up being friends with lawyers once they get on the bench. They have conferences before the actual case to talk with the lawyers and make their decisions before court even get in session.
It shows just how ignorant you are as to how things really work in the courthouse. The Judges aren’t friends with the attorneys. They have a rapore with the Judges that can sometimes help with fighting for their client, but they certainly aren’t giving them any big favors.
–Judges do not devoid themselves of knowing the lawyers when they are in front of them. There are certain lawyers who are not liked by the judges.
And news flash, a jury might be swayed by a sob story, but the Judges have heard it all before and they didn’t just get off the boat. They are certainly more lenient than I would be, but the sentencing they receive isn’t because of some sob story the criminal or their family thought up. I have never seen a Judge be sympathetic to one of these idiots. So do us a favor and stop talking as if you know what you’re talking about when you obviously don’t.
–How wrong you can be. Judges have been swayed by sob stories and you know it. It happens all the time and certain lawyers are good at spinning a story to get less time for their client.
Juror, thank you for your comments. So often people would rather have a good story and won’t let the facts get in the way.
LOL those conferences are called Pre-Trial
Conferences and the purpose of them are to
meet with BOTH lawyers and settle things that
can be agreed upon so not to waste time in the
court room, NOT to make a decision before trial.
Yeah OK…..last comment….U keep thinking that
Yeah, your right, the PTConference in every court system in MD, was provided by the MD Code
just so they can do favors for the criminals and decide the cases before trial. I’ll be sure to let them
know your on to them and spreading the truth. Any other conspiracies you can let me in on?
Just reading what the article said and what the comments were, makes me sick. Here are grown people being little children over an article. The article is about a criminal who gets time for burglary and trying to run over the police. Oh and he had a handcuff key in the jail. AT no time in the comments has there been caring comments about the victims. I think harford criminal needs to go away. He is probably part of the problem. The other people commenting need to remember that crime is about a victim and not the bad comments about this rule or that rule. I have dealt with the criminal justice system, as a parent, and found it to be very hard on families of victims. My child was abused and I took the pictures to every court case and the only one who wanted to see them were the state and judge. So why don’t you all grow up and if any of you are lawyers, you should be ashamed of yourselves. Crime is about a victim and not getting one up on every comment. Just remember…Look into the eyes of child victim and tell them that’s the law and there is nothing we can do for you.