Quoting the Daily Times, the gun is a misdemeanor charge. However, there are serious consiquences already recognized by Maryland Law in place.
CONSTITUTION OF MARYLAND
ARTICLE V
ATTORNEY-GENERAL AND STATE'S ATTORNEYS.
The State's Attorneys.
SEC. 7. There shall be an Attorney for the State in each county and the City of Baltimore, to be styled "The State's Attorney", who shall be elected by the voters thereof, respectively, and shall hold his office for four years from the first Monday in January next ensuing his election, and until his successor shall be elected and qualified; and shall be re-eligible thereto, and be subject to removal therefrom, for incompetency, willful neglect of duty, or misdemeanor in office, on conviction in a Court of Law, or by a vote of two-thirds of the Senate, on the recommendation of the Attorney-General (amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
SEC. 11. In case of a vacancy in the office of State's Attorney, or of his removal from the county or city in which he shall have been elected, or on his conviction as herein specified, the Judge or Judges resident in the county or, if there be no resident Judge, the Judge or Judges having jurisdiction in the Circuit Court of the county in which the vacancy occurs, or by the Supreme Bench of Baltimore City for a vacancy occurring in Baltimore City, shall appoint a person to fill the vacancy for the residue of the term (amended by Chapter 522, Acts of 1957, ratified Nov. 4, 1958; Chapter 14, Acts of 1959, ratified Nov. 8, 1960; Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
16 comments:
Unfortunately, having read that...I hope that his night out drinking was worth his whole career...I'm sure gonna miss him because without question, I think they are going to find him guilty...and there you have that conviction needed to remove him from office!
This is very unfortunate in that Davis Ruark has been excellent for
our community. Its sad that he is
going through some very difficult
personal problems, however that is
no excuse, and he will be the first to tell you. I wish him and his family well.
Well, there you go... it's clear in black and white... so bye-bye mr Ruark... as it should be, with or without the senate... the law is clear.... he broke the law, he's not above the law, it's not the FIRST time he's broken the law...my case is a perfect example of that.... and so be it.... he should resign before he's fired and save face... oh, what face...that lovely mugshot? Where's the inmate numbers? Oh, I forgot, our sheriff "bailed him out".... well, good for you...guess you needed to secure your job's future huh?
As for conspiracy theorists.... give me a break! To claim Todd "conspired" to have Ruark arrested for this would be to say that someone from the Worcester Co. state's attorney's office sat at the bar with Ruark.... poured multiple alcoholic drinks down his throat (or maybe not multiple... maybe he just ordered double shots of Long Island Teas..), shoved him into his car with a concealed weapon (with or without a permit, doesn't matter, the law is clear on that too) and forced him to start the car, drive erratically above the speed limit for over 30 miles, weaving and driving into oncoming traffic, and then had the OCPD sitting at the end of Rt. 90 bridge the entire time, waiting to arrest him. GIVE ME A BREAK!!! The man absolutely made a conscious decision to do just what he did cause he thinks he's above the law... it has nothing whatsoever to do with what ANYONE else said or did.... he DID IT TO HIMSELF!!!
Let him resign, lose his career and the cushey sports car our hard-earned taxpayer dollars paid for, and let him slither away to another planet where people like him belong...
And what's with all the anonymous postings on these sites, are you people that afraid of speaking your opinions? If you speak the truth, you have nothing to hide!!! I don't! Davis Ruark, come and get me, you know where I live!!!
Don't you just have to wonder how many people Davis "stuck it too" because they made bad decision due to personel problems.
As to Sheriff Lewis seizing the gun from OCPD, what in the hell was OC thinking about? Did they offer the gun to the Sheriff or did he demand it be given over.
As to the car he was driving someone posted a comment about it possible being a vehicle which had been seized by the Sheriff and forfeited by the States Attn Office. Whoops!!!!!!!!!!!!!!!!!!
You are being extremely selective about posting peoples comments concerning Davis Ruark and his problems. The public needs to know the full story. Even though Ruark is a friend of yours, it's only fair to post the negative comments as well as the positive ones.
YOU keep his Wife, Children and other allegations out of it and they will get Posted. I have been extremely fair but some of you assholes want to purposely be suggestive without ANY evidence. It SHOULD piss you off that I won't allow it. If you don't like it, start your own Blog.
That being said, IF you're a decent person, you would do that for any friend of yours as well.
Joe: Did you mean to say.
IF you are a decent person you would do it for a friend OR anyone else.
If he is granted Probation Before Judgement (which is VERY likely as he IS a first offender), then there is no conviction, so the Senate is pretty much out of it.
Face it.
He can stay in Office until the first Monday in January 2010. And why shouldn't he? The pay is good. The VOTERS put him there and only the voters (abesnt that CONVICTION) can take him out of office.
I truly feel bad for Davis, although I think he is an ass but my feelings towards him make no difference. He is the man we all look to, to uphold the laws of our county and state and to convict people that break those laws. He is now a "criminal" and does not need to hold his job any longer, I know he feels bad for what he did but if he hadn't got caught like he did he would have drank and then drove again I am sure. He needs to resign his post. This would be like Mike Lewis getting stopped for DUI difference is he would loose his job no question because police can't have a record, so how can our states attorney continue his job with a record when it comes to that.
Just face it Davis, write your letter and let this county move on.
DUI is not a felony conviction.
OK! I have a question and need some expert answer from someone with a legal background.
The Wicomico County States Attorney gets drunk in Wicomico County and drives to Worchester County where is arrested for DWI.
During (so we are told) the course of the arrest Ruark gives up the fact that he has a loaded handgun in the car. OCPD takes the gun into custody, I assume for evidence that he possessed a handgun while drunk. To this point everything is making sense. Here is where it gets a little muddy. Ruard apparently calls his Super Good Buddy to come rescue him from his self inflected situation. Super Sheriff shows up and takes not only the drunk States Attorney but the Wicomico County vehicle. As I understand the situation the story does not stop here. Super Sheriff also takes a piece of OCPD evidence in the hand gun case, the hand gun in question and jets back to Wicomico with all of the above listed relavent items.
Now we understand that Ruarks Super friend Super Sheriff will test fire a the OCPD seized handgun to determine if in fact it really works. Cause if it don't work than it ain't a gun and cannot be used in a Worchester County as evidence against said Wicomico County States Attorney.
I realize this has been a wee bit long winded so thans for bearing with me, here is the question.
Is it legal or ethetical for Super Sheriff to do this and secondly as Mr Ruarks bestes friend ever can we trust his examination of said firearm?
"to removal therefrom, for incompetency, willful neglect of duty, or misdemeanor in office, on conviction in a Court of Law,"
By the way, what constitutes "willful neglect of duty"??? Taking a month-long vacation because you got busted for a DUI... at the taxpayers expense of course? Isn't that a "willful neglect of duty"...chosing to NOT do your job!!!
Oh, and then there's the DUTY to abide by the LAW!!! I'd certainly call a DUI a "NEGLECT of DUTY"!!
So technically, do we NEED a conviction in this case, with or without the handgun charges??
6:50 not only do you need an expert with a legal background you need someone to help you get the facts right before you spu on this blog. mr. ruark didnt call sheriff lewis the ocpd called him. the car would have been released and not held for "evidence"in a dui case.looks to me like the only thing you know is that the sheriff is super, that is doing a super job. it is so easy to sit back and hide behind this computer screen and act like you could do it better isnt it?
I like what Mr. Ruark Said, " I NOW KNOW WHAT IT FEELS LIKE" Funnie when its you on the other side of that road. law is the law, every man puts his pants on feet first. no one should get royal treatment...
OCPD has a regulation that they require a signature of the person picking up the arrestee promising that they are not going to let them drive. Yes, I have signed that form before. What makes you think about it though, is they gave the gun back, I guess OCPD didn't think it was evidence until a certain states attorney said it was.......a thought.
"YOU keep his Wife, Children and other allegations out of it and they will get Posted. I have been extremely fair but some of you assholes want to purposely be suggestive without ANY evidence. It SHOULD piss you off that I won't allow it. If you don't like it, start your own Blog.
That being said, IF you're a decent person, you would do that for any friend of yours as well. "
Joe, I agree with you that if someone has a problem with a certain person they shouldn't bring that person's wife and kids into the argument. That being said, how come you remove comments if they include Davis Ruark's wife or children and you even go so far as to attack people for that, but someone attacked Joel Todd's son on a comment on your February 25th blog and that you allowed to be posted. I agree, you are biased and very selective about what you post based on who you are friends with and who you hate! If you are so upset about people attacking wives and children you should apply the same rule to your enemies' wives and children as well as to your friends!!!! And you said you were extremely fair! Go figure. Guess you aren't a "decent person" as you previously stated in the above quote.
Please do tell me where I allowed that comment about Joel Todd's Son? Believe me, I get literally hundreds of comments, (300) per day and as I truly make every attempt to filter out the a$$holes trying to get messages like that through, some slip. Help me find that comment and I will remove it immediately. Thanking You In Advance, Joe
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