The Zippy Boys of Cocaine Nabbed in Frederick

FREDERICK, MD. Two men were charged by Frederick Police with possession of cocaine on Aug. 18, 2014, at 11:48 am have decades long criminal records that span the Chesapeake Bay and have kept courts and prosecutors busy in many Maryland counties.  Of course, since this is the FREE STATE, both men were free on bail the same day that they were locked up, in spite of their records.

Officers of the Frederick Police Department conducted a traffic stop in the 100 block of Clarke Place.

During the traffic stop officers requested a K9 to respond and conduct a sniff of the vehicle. The K9 arrived and alerted to the presence of drugs within the vehicle. During the search of the vehicle a Ziploc bag of cocaine was located. Both the driver, Kenneth William Nicewarner, of East F Street in Clear Spring, Md.,  and the passenger, Joseph Haupt were placed under arrest.

Both subjects were transported to the Frederick County Adult Detention Center for processing. They were both charged by Officer G. Santangelo with Possession of Cocaine.

On Aug. 18^th, Haupt was released from jail after posting bond. Given Haupt’s extensive criminal record, including crimes committed while on probation, it remains to be seen why he was granted bail.  Nicewarner was released on bail the same day.

Arrested:

HAUPT, JOSEPH ALLAN

DOB 09-16-1985

Hagerstown, MD

NICEWARNER, KENNETH WILLIAM

DOB 10-16-1975

Kearneysville, WV

Haupt’s background of crime in Maryland spans the Chesapeake

Haupt was charged on May 23, 2010 with theft in Frederick County District Court for theft. On Dec. 16, 2010, the charge was dropped by Frederick County States Attorney Charlie Smith III, who advertises himself on the official States Attorney website as being tough on crime and advising criminals to “…stay out of Frederick”. At the time of the charge he was a resident of Bunker Hill, W. V.

On June 9, 2011, Haupt was charged in District Court with two counts of theft in Washington County, Md., and asked for a jury trial. On that date, his address was listed as the Washington County Detention Center.  His legal services were provided by the taxpayers as Bernard W. Semler II and Eric A. Reed were both listed as his Public Defenders.

On July 2, 2011, Haupt was no longer in jail and was stopped while eastbound on Rt. 50 at Rt. 113 (in the direction of Ocean City) in Worcester County, Md. And charged with driving without a license. On June 26, 2012, that charged was dropped by the Worcester County States Attorney. Haupt was represented by the Public Defender in Snow Hill, which is a free service of the taxpayers of Maryland.

On Nov. 4, 2011, Haupt was charged with two counts of theft of less than $1,000 in value in Washington County District Court. At the time the summons was served, his address was listed as the Washington County jail. His public defender filed for a jury trial.

On March 1, 2012 a hearing was held in the Washington County Circuit Court in the case of the State of Maryland vs. Joseph Allan Haupt.

In a plea deal with the Washington County States Attorney, Haupt pleaded guilty to theft and was sentenced to three years in prison and the entire sentence ordered served.

A restitution to Cavetown ACE Home Center in the amount of $1,354.89 was ordered.

On the same day a restitution to Weis Market in Hagerstown, Md., in the amount of $385.39 was ordered by the Washington County Circuit Court.

As is the case throughout Maryland, the sentence of three years without probation was simply smoke and mirrors.

While on March 1, 2012 a severe sentence was handed down by the Circuit Court Judge, on March 2^nd probation was ordered. The court costs which would have alleviated the burden on the taxpayers was waived on the same day, by order of the judge.

But by May 17, 2012, according to court records, a report of “an infamous crime” was received by the court and on July 25, 2012 a warrant to arrest Haupt on the charge of violation of the terms of his probation was issued by Judge M. Kenneth Long and it was finally served on Oct. 16, 2012.

Judge Long is a former Washington County States Attorney from 1982 to 2004 and District Court Judge 2004 to 2006 who was appointed to the Circuit Court in 2006 by Gov. Robert Ehrlich.

Haupt was charged on Aug. 4, 2012 with theft in Worcester County and Sept. 11, 2012 pleaded guilty with fine of $200 and $57.50 in court costs assessed along with 90 days in jail. He was given credit for time served of 38 days.

Maryland court records show that on May 31, 2012 an extradition order was placed on Haupt by the District Court for Worcester County as he was a fugitive from justice in Pennsylvania.

With Haupt a resident of the Worcester County Jail on Maryland’s Eastern Shore, an order from the Washington County Circuit Court demanding his appearance for a violation of probation hearing for Nov. 13, 2012 was issued. On Nov. 13th a commitment order was issued which assured that Haupt would be confined in jail.

By Dec. 19^th, his attorney had filed a motion for a modification of his sentence. That means that in spite of being found guilty, given probation, being arrested for another crime on the Eastern Shore, found guilty of violation of probation, that Haupt was asking the court to have his original sentence made more lenient.

With no new criminal charges in 2013 or into 2014 until he was nabbed by Frederick Police with cocaine, Haupt had either turned over a new leaf and was abiding by the law; a fugitive from justice and on the lam; or, in jail somewhere. There is also the chance he was committing endless crimes and just never got caught.

Kenneth William Nicewarner — providing job security for the courthouse crowd in half of Maryland’s counties

On June 27, 2014, a Domestic Violence hearing was held in District Court of Washington County, Md., in Hagerstown and a Judge ordered that Nicewarner must stay away from a victim, not have any contact or telephone or abuse. He was also order to surrender firearms in a second hearing held on July 3, 2014. On Aug. 11, 2014 a Judge rescinded the order to the case being dismissed.

Nicewarner’s recent encounter with the law came in the District Court for Washington County, Md., when he was charged on June 29, 2014 with unauthorized removal of property and unlawful taking of a motor vehicle, which took place on June 25, 2014. Represented by Public Defender Joshua D. Street, Nicewarner was jailed on the warrant on July 8, 2014 and on the next day he made bail.

Nicewarner was charged by Maryland State Trooper S. D. Murphy on Oct. 17, 2006 with two counts of theft and two counts of assault in Frederick County, Md.  On Feb. 27, 2008, he entered a plea agreement to two of the charges and two were dropped, as part of a deal which gave him 18 months in jail with six months suspended on one assault charge and another 90 days in jail for one theft charge.

On Jan. 3, 2013 Nicewarner was cited by Howard County Police Officer E. Gillenwater with not obeying a traffic control device and in District Court on March 21, 2013 the Howard County States Attorney dropped the charge.

On Jan. 16, 2014, Nicewarner was charged with driving on a suspended out-of-state license in Baltimore County, Md. He is due in court on Sept. 4, 2014.  The next day he was released from Baltimore County jail on bail.

On Jan. 26, 2012, Nicewarner entered a guilty plea to a charge of theft in connection with an incident which took place on July 6, 2011.  A District Court Judge in Washington County, Md., sentenced him to six months in hail and immediately suspended the sentence and ordered him to pay restitution to a victim in the amount of $650. As part of the deal with the States Attorney, a second charge of theft was dropped.

On April 25, 2012 charges of theft were heard in Washington County District Court and Nicewarner entered a guilty plea receiving an 18 month sentence with all of the time suspended by the Judge. Nicewarner skipped out of court without any probation time or a fine, in a deal which indicates the States Attorney must have wrenched some powerful tips about criminal activities of others from Nicewarner for this sweet deal.

A Domestic Violence case that sought a protection order against Nicewarner on Feb. 27, 2008 was dismissed by a Frederick County District Court Judge on March 7, 2008 when the petitioner failed to appear in court.

A Domestic Violence protection order against Nicewarner in Washington County District Court was sought on Sept. 2, 2011 and dismissed on Sept. 12, 2011 when the petitioner failed to appear in court.

On Dec. 20, 1995, Montgomery County Circuit Court Judge James Ryan sentenced Nicewarner to prison for 15 years with all but 5 years suspended and credit for time served of 157 days – on one count of credit card theft; 18 months in prison for a second count and another year for a third count with remaining charges dropped as part of the plea deal. Upon release from prison he was ordered to be on probation so he could work to provide restitution to the victim. On Aug. 9, 1996, Judge Ryan granted a hearing to reconsider the sentence and suspended the remainder of his sentence so Nicewarner could attend a drug program at Second Genesis and be on probation for three years. By Feb. 18, 1997, Nicewarner had violated the terms of his probation and was back before Judge Ryan who sent him back to prison for three years to run concurrent with his previous sentence.

On Nov. 1, 1993 in Montgomery County Circuit Court Nicewarner was found guilty of theft by Judge L. Leonard Ruben and sentenced 18 days in jail with a suspended sentence of one year, 4 months and 21 days with 18 months’ probation. On April 20, 1994, Judge Ruben found him guilty of violating the terms of his probation.

(Editor’s Note: the above cases are simply the highlights of the criminal life of these two miscreants and no attempt was made to track their activities in nearby states or foreign countries.)

Letter to the Editor:
This is Cavetown ACE Home Center, to date we have received $180.00 of Nicewarner’s $1,354.59 and nothing of Haupt’s $677.25 restitution. Yet they roam free.