By Toni Locy
Washington Post Staff Writer
Sunday, October 22, 1995; Page B01

Montgomery County prosecutors plan to drop a murder-for-hire charge tomorrow against the son of controversial trash man William H. Mossburg Jr. in a surprise ending to the latest clash between the Mossburg family and the county.

State's Attorney Andrew L. Sonner said yesterday that he will not pursue the case against Christopher M. Mossburg, 26, of Germantown, who allegedly offered money to an undercover police officer to kill his father.

Sonner said he has given up because a grand jury is unimpressed with the state's evidence, which includes the tape recording of the meeting between the officer and the younger Mossburg that was described early on by authorities as "extremely chilling and . . . damning."

The state's case also did not impress the purported target of the scheme. The elder Mossburg said in an interview that he listened to the tape and is convinced that his son was not serious but was merely "shooting his mouth off."

When prosecutors called him to testify before the grand jury Thursday, the elder Mossburg said he made his feelings clear that he thought the case was "a joke" by refusing to answer any questions.

The grand jury then declined to indict the younger Mossburg unless authorities come up with more. Sonner said that will not happen.

"We cannot satisfy their concerns," he said. "The grand jury has what we have to present to them. . . . We are not going to present anything more."

Sgt. Wayne Jerman, a spokesman for the Montgomery police, said Chief Carol A. Mehrling thinks the department has a strong case against Christopher Mossburg and was justified in arresting him.

"The department was forced to act swiftly to ensure the safety and prevent the loss of life of the intended victim, William Mossburg Jr.," he quoted her as saying. "We took the well-being of the intended victim as the most important factor in this case."

Members of the Mossburg family tried to temper their elation yesterday. "We are not going to breathe the ultimate sigh of relief until Monday," said Christopher Mossburg's mother, Sandra L. Streeks. "It's got to be official."

The elder Mossburg has been a controversial figure in the county for more than a decade because of disputes with residents and elected officials over his two landfills, which were shut down in the last year. Soon after the area near his Travilah Road dump in North Potomac became affluent and more developed, residents complained bitterly about the mountain of trash that had accumulated there. He drew their ire again when the landfill caught fire and burned for seven weeks last year. The county is trying to recover $2.7 million from Mossburg for the cost of putting it out.

Christopher Mossburg, the youngest of the three Mossburg sons, came to the attention of police when a tipster contacted the federal Bureau of Alcohol, Tobacco and Firearms. Mossburg was looking for a hit man, the tipster said. The ATF notified Montgomery County police. Law enforcement sources said Mossburg, who works for his father's business, was worried that his father was spending millions in fighting the county over his dump sites. Sources said he also wanted to cash in on a $4 million life insurance policy in his father's name.

The younger Mossburg allegedly contacted the undercover agent by dialing his pager number. A meeting was then set up in the parking lot at Wheaton Plaza, where Christopher Mossburg allegedly offered to pay $40,000 to have his father killed and allegedly discussed several ways the murder could be carried out, sources said.

But William H. Mossburg III said his father told him that Christopher Mossburg had said on the tape that he was only thinking about having his father killed and that he had not yet decided whether he wanted to go through with it.

"You have to know Chris," the eldest son said. "He's young and kind of a macho guy. I get the impression that somebody set him up . . . "