Fatal Boat Ramp Dispute Leads to Guilty Plea

"This case certainly is a tragedy," Judge Warren J. Krug said Tuesday afternoon as he accepted the guilty plea of a St. Mary's County man to an assault charge in connection with the death of a neighbor.

"We all do things in our life we wish we hadn't done," the Calvert County Circuit Court judge said. "Generally, these things don't have the consequences we have here. The sad thing is this whole thing could've been avoided."

The case was that of Robert W. Hendrix, 69, of Scotland Beach, who appeared before Krug at a hearing attended by the family and friends of Joseph Donick Jr., 57, the part-time Methodist minister and former St. Mary's substance-abuse prevention coordinator who died after falling down his porch steps during an altercation with Hendrix last fall.

The two men had argued over use of a boat ramp.

The case was heard in Calvert County Circuit Court because St. Mary's judges who knew Donick as a county employee recused themselves.

During this week's hearing, the prosecution and defense agreed on a statement of facts regarding what happened Oct. 8. The incident that day was preceded by a dispute of several years between the Donicks and their neighbors over the use of the boat ramp in Scotland Beach.

About 4:30 p.m. that day, Hendrix, his wife and two other couples from the neighborhood arrived at the ramp to photograph a cluster of 20-foot pilings that partially obstructed the unpaved right of way, which had been ordered open to the public by St. Mary's Circuit Court. Donick came out to his porch and said the pilings would be moved when construction began on his pier.

According to the statement, the conversation deteriorated into yelling and profanity, and Donick threatened to shoot Hendrix's dog, which had wandered onto the porch. Hendrix went to the porch to get the dog, and Donick threw up his hands. Hendrix grabbed him in a headlock, then pushed him away. Donick came toward Hendrix, who pushed him away again. Donick grabbed the porch railing, cut his hand and stumbled backward off the steps, landing in a sitting position.

The Hendrixes and the other neighbors left. Donick, who had a heart ailment, collapsed five to 10 minutes later. He was pronounced dead of a heart attack at St. Mary's Hospital.

Hendrix's attorney, John M. McKenna, described his client as a solid citizen and former Navy man who "has done nothing but be a real benefit to society." He initially moved for acquittal on the assault charge because Hendrix went to the porch to retrieve the dog.

Hendrix received a suspended four-year prison sentence and five years of unsupervised probation after the judge found him guilty of second-degree assault and trespassing on private property.

After the ruling, Donick's younger brother, James, made a statement to the court.

"What they were dealing with that night was self-control," James Donick said as Hendrix dabbed his eyes with a tissue. "It was raining, and there were seven people standing out there shouting. It's easy for the family to say [Joseph Donick] didn't deserve that."

Through his attorney, Hendrix declined to comment.