ANNAPOLIS, MD - The Appellate Court of Maryland has sided with Maryland prosecutors in the appeal of a Worcester County Circuit Court decision to dismiss the case against Tyler Mailloux in the deadly hit-and-run of Gavin Knupp.
The case against Mailloux was dismissed in August of last year after Mailloux’s attorney argued the case had been incorrectly filed in Circuit Court instead of District Court and motioned to dismiss the case. The judge sided with Mailloux’s defense and granted the motion, with a swift appeal filed by Maryland prosecutors.
Assistant State’s Attorney General Zoe White argued in Maryland’s Appellate Court earlier this month that the charges against Mailloux were serious enough to be filed in either District or Circuit Court and that it was at the State’s discretion.
Mailloux originally faced 17 criminal traffic violations, 13 of which were misdemeanors and 4 felonies.
Appellate court records on March 27th show a reversal of the Worcester County Judge’s decision, with the Appellate Court siding with the state on Wednesday.
Worcester County State's Attorney Kris Heiser tells WBOC that prosecutors intend to try the case against Mailloux as soon as the court can schedule it for trial in Worcester County.
“While we were always confident that our arguments were correct and firmly grounded in statute and case law, we are grateful for the reported opinion of the Appellate Court," Heiser said. "Their decision clearly confirms that when there is concurrent jurisdiction, prosecutors retain the discretion to choose where to file charges. We intend, as we always have, to prosecute all charges against Mr. Mailloux in the Worcester County Circuit Court as soon as the case can be scheduled for trial.”
Gavin Knupp, 14, was killed in a hit-and-run on July 11, 2022, at Grays Corner Rd near Ocean Pines.
In response to the Appellate Court's decision, the Knupp family released the following statement through their attorney:
“We are immensely gratified by the unanimous reported opinion from the Appellate Court of Maryland confirming that this case can move forward in the Circuit Court for Worcester County. We remain supremely confident in Kris Heiser and her team and that support has once again been vindicated."
"While this process has been frustrating at times, we remain resolute in our commitment to holding those responsible for Gavin’s death accountable. In the immortal words of Dr. Martin Luther King, 'the arc of the moral universe is long, but it bends toward justice.' Today’s ruling helps bring us closer to justice and for that, we are appreciative.”