(NE DISTRICT COURT OF MARYLAND FOR Montgomery County Located at 191 East Jefferson St, Rockville, Maryland 20850 Case No. 2190350744 STA’ E OF MARYLAND vs. HEMMING, JONATHAN Ose Alse case 128 SPRING ST O-G GAITHERSBURG, MD, 20877 of ee a ‘SID: 0002389455 LID; (ia Ce foo: came (yok) INITIAL APPEARANCE REPORT PH lille (NOD Res 4213, 4.2131 and 4216) ence Advice I hereby certify that when the above named Defendant was brought before me for initial appearance, | ADVISED Defendant has appeared without an attorney and has a right to an attorney atthe initial appearance and if indigent the Public Defender will provide representation if the proceeding is before a judge or a court-appointed attorney will provide representation if the proceeding is before a commissioner. ADVISED Defendant has the right to waive the right to be represented by an attomey-at the initial appearance and the ‘waiver is only applicable to the initial appearance and not to any other hearing or proceeding, ADVISED Defendant has an absolute right to hire a private attorney at Defendant’s own expense to defend against these charges. If the Defendant docs not have the money to hire a private attorney, the Defendant is advised to timely apply to the Public Defender office. ‘The Public Defender will determine if Defendant is an indigent individual, and if the Public Defender will provide representation. ADVISED Defendant any representation by a court-appointed attorney is provisional, limited to the initial appearance, and will terminate automatically upon conclusion of the hearing, INFORMED Defendant of each offense charged and of the allowable penalties, including mandatory penalties, if any. PROVIDED Defendant with a copy of the charging document since Defendant did not already have one. REQUIRED Defendant to read the Notice of Advice of Right to Counsel. ADVISED Defendant that if Defendant appears for trial without counsel, the Court could determine that the Defendant ‘waived counsel and the Defendant may have to proceed to trial unrepresented by counsel INFORMED Defendant of Affidavit for Indigent, the Defendant completed the requested affidavit and the commissioner determined with the criteria set forth in Code, Criminal Procedure Article §16-210 (b) and (c) whether the Defendant qualifies for a court-appointed attorney. : ADVISED Defendant if denied pretrial release or for any reason remains in custody after commissioner has determined conditions of release, Defendant shall be presented immediately to the District Court if the Court is then in session, or if not, at the next session of the Court, unless another attorney has entered an appearance or Defendant waives right to attomey for purpose of review before a judge, the Public Defender shall provide representation to an eligible Defendant at the review hearing. WAIVER OF ATTORNEY: Defendant elected to waive an attorney at initial appearance, ‘ADVISED Defendant that an attorney can be helpful in explaining the procedure and in advocating that the Defendant should be released immediately on recognizance or on bail with minimal conditions, ADVISED Defendant that it may be possible for the attorney to participate electronically or by telecommunication, and ADVISED Defendant that any waiver would be effective only for the initial appearance and not for any subsequent proceedings CERTIFICATION: The judicial officer finds that the Defendant knowingly and voluntarily waived the right to fn attorney at the initial appearance. Waiver is only applicable at the initial appearance hearing and not to any other hearing or proceeding, TTORNEY'S APPEARANCE: State Attorney was physically present State's Attorney's Name: JODI MOUNT Tracking No. 166337383251 DCI/CR 7 (Rev. 6/12/2014)CONTINUATION PAGE | OF" 'ITIAL APPEARANCE REPORT DISTRICT COURT OF MARYLAND FOR Montgomery County Located at 191 East Jefferson St, Rockville, Maryland 20850 ‘Case No. 2000350744 STATE OF MARYLAND VS. — HEMMING, JONATHAN ADVISED Defendant that the charge is a felony that is not within the jurisdiction of the District Court; that Defendant has aright to have a preliminary hearing by a request made now or within ten days and failure to make a timely request will result in a waiver of this hearing, Defendant requests preliminary hearing. It is scheduled for 06/10/2016 at 10:00 AM in Room 513, at 191 East Jefferson St, Rockville, Maryland 20850. Pretrial Release Determination On the basis of information available to and developed by me I HAVE DETERMINED: That Defendant is not eligible for release under CP Article, Section 5-102 of Maryland Code and MD Rule 4-216. ‘The Defendant is to be HELD WITHOUT BOND. Notice I INFORMED THE DEFENDANT: recognizance or bail bond is forfeited and the Defendant fails to surrender with (ys following the forfeiture, ‘ona felony charge the penalty imposed may be up to 5 years injaitand/orp f charge the penalty imposed may be up to 1 year in jailand/or a fine up with contempt of Court 3. to notify the Court in wa ID: 6632 Uhave Gad Cihad read t me the offense(s) for which Iam charged, the condition of release, the penalty for violation of the conditions of release, the Notice of Advice of Right to Counsel. I acknowledge receipt of a copy of this form. My Bail Review date is 05/19/2016 at 01:00 pm in room 513, at 191 East Jefferson St, Rockville, Maryland 20850. T have been informed that the Trial/Hearing date is 06/10/2016 at 10:00 AM in Room 13, at 191 East Jefferson St, Rockville, Maryland 20850. agree to any conditions of release and agree to appear as directed. 1Q ras il Qe Date ~ Signature of Custodian Signature of Defendant Tracking No. 166337383251 DCICR 7 (Rey 6/12/2014)STATE OF MARYLAND COMPLAINANT: Officer: GALEY ‘Agency/Subagency: MCP WG1S Officer ID: 2402 TMG DISTRICT COURT OF MARYLAND FOR Montgomery County Located at 191 East Jefferson St, Rockville, Maryland 20850 Case No, 2000350744 VS. HEMMING, JONATHAN 128 SPRING ST GAITHERSBURG, MD 20877 coe: 16024729 sip: LD: DL#: Race:2 SecM HE6'2" — Wr270 ‘Hair: BLK Eyes: BLU DOB: 09/17/1963 Phone(IH): Phone(W): CHARGE SUMMARY UPON THE FACTS CONTAINED IN THE APPLICATION OF Officer: GALEY IT IS FORMALLY CHARGED THAT HEMMING, JONATHAN at the dates, times and locations specified below: cueiciT STATUTE, 20910 cR2.205 20910 R 2205 102s cR 5.620 (a2) 20920 cR 2206 2.0920 cR 2206 11420 R3 202, 1120 eR3202 15299 CR 4 204 (b) 10692 oR 5622 10692 RS 622 1128s Ps 5133.1 11610 PS 5.206 11610 PS 5 206 1017s eR 4203 bors cr 4.203 401 cL 2212 PS 5 203 (a)) 25212 PS 5 203 (a) Date : 05/19/2016 Time : 1:34 AM Traekine No. 166337383251 PENALTY DESCRIPTION OF THE CHARGE ov ATT IST DEG, MURDER oL ATT ISTDEG, MURDER 4¥ &/or $25,000.00 CDS ADMIN EQUIP Foss/DIsT 30Y ATT2ND DEG. MURDER 30Y ATT2ND DEG. MURDER asy ASSAULT-FIRST DEGREE r asy ASSAULT-SIRST DEGREE S ay 20 FIREARM USE/FEL-VIOL CRIME. ay e 4 5 Y &or $10,000.00 _CDS-POSS OF FIREARMS SY &/or$10,000.00 CDS-POSSOF FIREARMS LY @/or$1,000.00 ILLEGAL. Poss AMMO Isy RIFLE/SHOT-POSS WIFEL CONV sy RIFLESHOT-POSS WiFEL CONV 3Y &/or $2,500.00 HANDGUN IN VEHICLE 3 Y for $2,500.00 HANDGUN IN VEHICLE 0 RESISTING ARREST 5 ¥ &Jor$5,000.00 _RIFLEISHOTGUN'UNREGISTERED SY &or$5.000.00 _-RIFLESHOTGUN-UN 6632 \COMMISSIONER 6632CONTINUATION PAGE | OF CHARGE SUMMARY DISTRICT COURT OF MARYLAND FOR Montgomery County Located at 191 East Jefferson St, Rockville, Maryland 20850 ‘Case No. 2000350744 STATE OF MARYLAND VS. — HEMMING, JONATHAN 43550 CR 5601 (XI) 4Y &or $25,000.00 CDS-POSSESS-NOT MARUUANA 11609 PS 5133 (0) sy FIREARM POSS WiFEL CONVICT 11609) PS 5.133 (0) 1sy FIREARM POSS WiFEL CONVICT Date : 05/19/2016 Time : 1:34 AM = ing No, 166337383251 ‘TraclLOCAL INCIDENT #: 16024729 DATE: 05/19/2016 PME: Soe DISTRICT COURT OF MARYLAND FOR MONTGOMERY COUNTY, ROCKVILLE (City / County) [LOCATED AT (COURT ADDRESS) ‘DISTRICT COURT | RELATED CASES: 50 Maryland Avenve Case NUMBER ROCKVILLE, MARYLAND 20980 2e0026014A COMPLAINANT | NAME AST, FIRST, MEI) TLE [ NAME (LAST, FIRST, ML) TLE cates HAN, ONAN axe) ——— saa 5 irr 5 a luce i a ee ee fino Yair oasoaBO — a | Wi |e [2 [oma leerms-ssm on seach nf er cr Gb o, 200 RANOOLFH ROAD | eas me EATON Hannano Ze a ——— oo oD (J pomesric vioLENce (Ol mare ceme — [Anos AERC. Fl vouneranee apuur amuse] cmp amuse |1#5ho= cme — 20877 | Page tor $ | sffiant and other law enforcenent officers in Hemming, a white male born September 17th, 196 resembled firearns. The affiant responded to relayed the following information: [XJ CONTINUED ON ATTACHED SHEET (FORM DCICR 44) osng2016 wos Mcp c8F No. This statement is based in part on personal knowledge derived fxom the participation of the GAITHERSBURG STATEMENT OF PROBABLE CAUSE | ARREST ON TRAFFIC NATURAL RESOURCES MASS TRANSIT CITATIONS / CRIMINAL. CHARGES/ MUNICIPAL ORDINANCES PUBLIC LOCAL LAWS, this investigation. on May 18th, 2016, at approximately 1530 hours, the affiant was acting in the capacity as the on call firearms investigator for the Montgonery County Police when he received a phone call | gxom datectives agaigned to the Montgonery County Policecs Repeat Offender Unit was informed that these detectives had just made an arrest of a wai Comprint Court in Gaithersburg, Montgonery County, Maryland 20877 Pursuant to a bench warrant isoued by the Montgomery Cou for multiple Cc... violations. It was further stated th: ‘The affiant \d individual at 16003 ‘hie individual was wanted @istrict court, case #0D00349650, @ arrestee, identified as Jonathan 2, had devices found on his person which the scene and spoke with R.0.U, detectives that PROBABLE CAUSE CHARGES 4 _ {LACK OF PROBABLE CAUSE CHARGES # [nave econo al PC DOICR 4 (Rev. 42002) oars Jromcut orice ROA WON 61380376DATE: 05i192016 LOCAL INCIDENT#: 16024729 Pree cote DISTRICT COURT OF MARYLAND FOR MONTGOMERY COUNTY, ROCKVILLE —_(Giy/ Cony) [Loca ar (Coun ADDRESS) | pisreicr courr eee 50 Maryland Avenue CASE NUMBER 2800350744 DEFENDANTS NAME (LAST, FIRST, Ml) MAFIS NAM LAST, FIRST, Hal) HEMMING, JONATHAN Page_2_ of _5 STATEMENT OF PROBABLE CAUSE (coxrinuen) _awnSST ON TRAFFIC NATURAL RESOURCES MASE TANS CITATIONS /CRDENALCHARGES/ MUNICIPAL ORDINANCES /FUBLICLOCALIAWS the arrestee was under surveillance at the above address when he exited the home and approached a silver 2009 Honda Civic bearing Maryland registration plate 7ENY74. The arrestee entezed into the driver seat of the vehicle with a female entering the front passenger seat. X.0.U. detectives then blocked the arresteezs vehicle in with unnarked police vehicles that had their emergency lights activated. R.0.U, detectives approached the vehicle, loudly announcing themselves as police officers several times and were wearing clearly marked reflective police equipment. Tt should be further noted that at the same time, the police lights were left activated on the surrounding police vehicles Detective Oaks approached the driveres door, yelling zpolices multiple tines and informed the arrestee that he waa under arrest and ordered him to exit his vehicle while keeping his hands up. Initially the arrestee said cckayz and opened his door. Detective Oaks ordered him to put hia hands on the roof while the arrestee was gtill opening the door; the arrestee then abruptly slammed the driver door shut. Detective Oaks pulled the door open, which the arrestee again shat, Detective Oaks again gained control of the door, opening it, and wedging his leg in the door while the arrestee continued to try and close it. petective Oaks wae attenpting to extract the arrestee from his vehicle, but was unable to pull clear due to the arrestee being sweaty and combative. The arresteegs shirt continued to rip apart as Detective Oaks continued to try and extract him. During this struggle, the arrestee broke free from Detective Oaks and lunged towards the center area of the front passenger compartment, Detective Oaks observed the arrestee with both hands manipulating a black | cylindrical object that hada large mut on the bottom end of it Detective Oaks becane gravely concered with the uncertainty of what this object contained or what it was capable of achieving. While attempting to pull the arrestee from the vehicle, [R)CONTINUED ON ATTACHED SHEET (FORM DCICR 4A) osni972016 | mcr ee TRACKING NO. 3251 CBE NO, 1MON161350376 PCDCICR 4A (Rev. 4102) ‘States Attorney Copy ~LOCAL INCIDENT: 16024729 DATE: se DISTRICT COURT OF MARYLAND FOR MONTGOMERY COUNTY, ROCKVILLE [LOCATED AT (COURT ADDRESS) 50 Maryland Avenue: {OCKVILLE, MARYLAND 20850 O (City/County) RELATED CASES: DISTRICT COURT CASE NUMBER 2800380144 1s ‘DEFENDANTS NAME AST, HEMMING, JONATHAN L ‘MARS NAME(EAST FST, MD) Page 3 of, STATEMENT OF PROBABLE CAUSE, (continue) ‘ARREST ON TRAPPIC!NATURAL RESOURCES MASS TRANSIT CITATIONS / CRIMINAL CHARGES MUNICIPAL ORDINANCES /FUBLICLOCAL LAWS: Detective Oaks observed that the open end of this object was aimed at his (Detective Oakes) head and neck area; then being pointed at Detective Bullock who had come to assist Detective Oaks Detective Oaks then struck the arrestee in the face in an attempt to force him to drop the object, The arrestee continued to manipulate the object and fight detectives. buring this time Detective Volpe was on the passenger side of the vehicle observing the arrestee. Detective Volpe could observe that the arrestee was inserting a metal object into the ond of the device that was pointed at the other detectives. Detective Volpe announced that he was deploying a Taser on the arrestee and subsequently Tased the arrestee. The Taser did not subdue the arrestee, but did cause him to drop the device After the Taser deployment, Detectives Bullock and Oaks continued to have a difficult time Cxtracting the arrestee from the vehicle. The arrestee was eventually extracted from the vehicle Sha continued to resist arrest while on the ground. The arrestee was eventually subdued outside of the vehicle and placed into handcuffs. Another silver cylindrical device was seen sticking Gut of the back right pocket of the arresteeze pants along with a syringe partially hanging out of his front right pants pocket, patrol officer Byrd #2682 was dispatched to assist with a search of the arrestee at the scene The arrestee was searched which revealed a needle cap and prescription vial in his front right change pocket. The prescription vial contained 1 and a half pill of dextroamphetamine; the viel was stamped as hydromorphone. In his front right pants pocket was a syringe and a cloth case containing several live shotgun shells ae well as handgun rounds. A pill bottle, Key ring Containing a handcuff key, syringe cap, and rubber tie off straps were discovered in the arrestee: front left pants pocket. The 2nd cylindrical object was then renoved from the drresteece rear right pants pocket and found to be similar to the object he dropped in the Vehicle. Garden clippers, a pocket knife, and a metal pill holder were discovered in the | \CONTINUED ON ATTACHED SHEET (FORM DCICR 4A) OnE i staat fo | ce wos Mt TT OECTA TRACKING NO, ____266337383251_caF No, 1Now161390376 PCDCICR 4 (Rev. 402) ‘States Rutornay CopyDATE: 05192016, LOCAL INCIDENT#: 16024729 TIME: _ 0008 DISTRICT COURT OF MARYLAND FOR MONTGOMERY COUNTY, ROCKVILLE (City Com) lLocaTip at (COURT ADDRESS) Disreicrcourr | RELATED CASES: 50 Maryland Avenue CASE NUMBER {OCKVILLE, MARYLAND 20850 SARS AK os so ‘MARS NAWE CAST, FRET.) | DaRNDNTSNAN CAST ST, | HeMMANNG, JONATHAN | STATEMENT OF PROBABLE CAUSE, conrisveD) ARREST ON TRAFFIC NATURAL RESOURCES MASS TRANSIT ECTATIONS/ERIMINAL CVARGES/ MUNICIPAL ORDINANCES PUBLIC LOCAL LAWS arresteezs rear left pants pocket, A lone small screw driver was recovered from the driver seat near the center console where the arrestee had been extracted from; the sane item the arrestee had been inserting into the cylindrical object based upon the affiantes training and experience as a firearms investigator it was determined that the devices recovered from the arrestee were hone made handguns capable of firing shotgun rounds. The arrestee had order to avoid having to reload, indicating he was prepared to fire upon mltiple targets. The arrestee had attempted to fire one of these devices at detectives with a third firing pin (screw Griver) he had stored loosely in the vehicle, eaving time from having to renove the make shift firing pins taped to the devices ahead of time. \ese devices made ready to fire and had tvo devices on his person in ‘the affiant and Detective Martinez examined the two cylindrical objects which were metal pipes ‘bh smaller metallic pieces, such ag a drill bit or screw driver, taped to their sides. Both | pipes had one open end with the opposite end capped off; each closed end had an opening which had been created in the center. The openings were capable of receiving the drill bit or screw =| driver attached to their respective sides; these objects could be inserted into the end of the weapons in order to strike the primer of the round and eject the projectiles. After opening the end cap of each pipe, one live 12-gauge shotgun round was discovered within both devices; both facing towards the open end of the pipes. The pipe which the arrestee had pointed at Detective oaks and Bullock contained strike marke on the primer of the shotgun round this indicated that the arrestee had been attempting to fire the 12-gauge shotgun round multiple tines at the arresting detectives during the struggle. ‘he arrestee is unable to purchase legal firearms due to an extensive criminal history which includes multiple felony convictions. One example of these felony convictions is an armed robbery with a pistol in Ohio (Lake County sheriff Arrest/Case #81356). In a separate incident L [XJCONTINUED ON ATTACHED SHEET (FORM DCICR 4A) TRACKING NO. 166337383251, CaF No. 'NON161390376 PCDCICRAA ev. 02) States Reorney CopyLoca INcIDENT#: 1602472 on DISTRICT COURT OF MARYLAND FOR MONTGOMERY COUNTY, ROCKVILLE (City/County) LOCATED AT (COURT ADDRESS) ‘DISTRICT COURT RELATED CASES: 50 Maryland Avenue CASE NUMBER ROCKVILLE, MARYLAND 20850 steed boo _ Spats ead [barENDANTS NAME CAST FIRST MD TAN LAST FST. al HEMIMING, JONATHAN L _ : [ a - Page { STATEMENT OF PROBABLE CAUSE (Continue) ] | annest on TRAFFIC NATURAL RESOURCES! MASS TRANSIT CCTATIONS/ CRIMINAL CHARGES / MUNICIPAL ORDINANCES/ PUBLIC LOCAL LAWS | the arrestee was convicted of possessing a felony amount of cocaine by the 13th Circuit Court in tampa, Florida (Case 291996CF004620D0017A) . The arrestee has been involved in weapons I pon possession, arson, robbery, burglary, drugs, vehicle theft, malicious destruction of property and nunerous other crimes in multiple states | re anovtd be noted that each recovered device falle under both the category of a handgun and a | Thoct barreled shotgun, Neither devicecs total length exceeded 10 inches or aro legal to possess we thie state. Both Of these weapons vould be capable of firing the shotgun shelle that were Glade inte then, Henning was questioned about these weapons by M.C.P. Homicide detectives and waved statonent that he had researched how to build these firearms online, Henning assured mrtectiven chat he knew the devices were capabie of firing, but would not elaborate any further ALL above events occurred in Montgomery County Maryland. [D)conTINUED ON ATTACHED SHEET (FORM DOICR 44) osii972016 { ce worn ay CT OOO AAS TRACKING No. 166337382251 CBFNO. WoN.61350376 PCDCICR A (Rev. 2) ‘States Ngrney Copy