Baltimore Office 410.685.4444

July 30, 2014

Via Hand Delivery Ms. Anne Colt Leitess State’s Attorney for Anne Arundel County 7 Church Circle, 2nd Floor Annapolis, Maryland 21401  

Dear Ms. Colt Leitess:

We write to request that you initiate a Grand Jury investigation of Adam Pidel for first-degree assault, felony murder, and hate crimes.

On June 8, 2013, either Joseph Dale Harvey, Jr. or Adam Pidel threw a Monster Energy drink can at our client, Detective Joseph Walker, and his minivan as the Walker family traveled from Route 3 toward I-97 North in Anne Arundel County, Maryland. Harvey and Pidel were traveling in Harvey’s Honda. Immediately after the can struck the minivan, causing a dent, Harvey threatened to kill Detective Walker. Harvey, who was white, directed a racial epithet several times at the Walker family, who are African-American. Pidel, who is also white, was by Harvey’s side in the Honda, and we believe also hurled racial epithets at the Walker family. After Harvey forced the Walker family’s minivan off the road, Detective Walker stopped and checked his minivan for damage. As he was doing so, Harvey and Pidel exited Harvey’s Honda and advanced on Detective Walker, his wife, and their three young children. Harvey was armed with a knife. To protect his family and himself, Detective Walker was forced to shoot Harvey three times. Harvey subsequently died.

As you must know, first-degree assault occurs when someone causes or attempts to cause serious physical injury to another. In Maryland, first-degree assault is a felony that carries a maximum sentence of up to 25 years. As Harvey and Pidel aggressively advanced on the Walker family, putting them in fear for their lives, it is clear Harvey and Pidel’s intention was to kill or cause the Walker family serious physical injury. Their attempt to do so was fortunately thwarted by Detective Walker.

As you must also know, felony murder is a killing that occurs during the commission or attempted commission of a felony. The person responsible for the felony can be charged with murder.

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LAWYERS.  LITIGATORS.  PROBLEM  SOLVERS.  

We believe that Adam Pidel, who has a prior assault conviction, committed a first-degree assault when he attempted to cause serious physical injury to the Walker family. Detective Walker’s killing of Harvey occurred during the commission of a felony; that is, Pidel’s felonious assault. Therefore, under the Maryland felony murder statute, we believe that Pidel is legally responsible for Harvey’s death.

Under various Maryland statutes, we believe Harvey and Pidel also engaged in hate crimes when they caused damage to the Walker family’s vehicle and then continuously harassed and threatened them because of their race. This conduct cannot be ignored.

As the United States Department of Justice has written:

Hate crime is the violence of intolerance and bigotry, intended to hurt and intimidate someone because of their race, ethnicity, national origin, religious, sexual orientation, or disability. The purveyors of hate use explosives, arson, weapons, vandalism, physical violence, and verbal threats of violence to instill fear in their victims, leaving them vulnerable to more attacks and feeling alienated, helpless, suspicious and fearful. Others may become frustrated and angry if they believe the local government and other groups in the community will not protect them. When perpetrators of hate are not prosecuted as criminals and their acts not publicly condemned, their crimes can weaken even those communities with the healthiest race relations.

While we question why you have not yet initiated a Grand Jury investigation into Adam Pidel’s conduct, we believe a Grand Jury investigation is certainly appropriate now in light of the evidence disclosed during the trial in which a jury acquitted Detective Joseph Walker of any wrongdoing.

We look forward to your response.

Very truly yours, _____/s/_______________

Steven H. Levin Charles N. Curlett, Jr. LEVIN & CURLETT LLC

201 N. Charles Street Suite 2000 Baltimore, Maryland 21201 410-685-4444 Michael T. Cornacchia 260 Madison Avenue 22nd Floor New York, New York 10016 646-278-4297