MARYLAND BRIEFING

Judge Grants New Trial In Fatal Shooting of Girl, 13

A Charles County Circuit Court judge granted a new trial yesterday to a Waldorf man convicted in the death of a 13-year-old girl who was fatally shot while riding in her mother's ice cream truck.

Kevin M. Warren, 22, was convicted in May of first-degree murder in the death of Briona Porter in Waldorf in June 2007. At what was to be his sentencing, Judge Amy J. Bragunier ordered a new trial, saying defense attorneys were not properly notified that a key witnesses, Tanya Butler, would identify their client as the shooter.

Defense attorneys said they were not told the substance of her expected testimony until after opening arguments. Deputy State's Attorney Anthony Covington argued that he notified defense attorneys of Butler's intentions as soon as he found out about them.

Covington said that under a court ruling, prosecutors were not allowed to elicit the identification. But defense attorneys eventually pushed Butler into identifying Warren during a harsh cross-examination, Covington said.

Warren's new trial is scheduled to begin in February.

-- Matt Zapotosky

ST. MARY'S COUNTY

Sheriff's Deputy Is Fired Over Drunken Assault

A St. Mary's County sheriff's deputy convicted of assault and drunken driving last month was fired from the department yesterday, police said.

Authorities said David Goff, 33, was drunk and off duty in May when he pulled over a Lexington Park ATV driver and repeatedly hit the man. Last month, Goff was sentenced to two days in jail, court records show.

The man Goff was accused of attacking, Shane R. Weasenforth, was initially charged with second-degree assault and resisting arrest. Those charges have been dropped, said St. Mary's Sheriff Timothy K. Cameron. He said other deputies had acted properly in charging Weasenforth based on statements by Goff.

-- Matt Zapotosky