Mistrial declared in case of man accused of assaulting Washington County officers

A mistrial was declared Wednesday in the case of a man charged with assaulting two law enforcement officers during a theft after a jury deadlocked on those charges.

Deputy State's Attorney Gina Cirincion said the state will seek to retry 27-year-old Melsun Shamel Perry after Washington County Circuit Judge Viki M. Pauler declared a mistrial.

The Landover, Md., man was tried on 10 counts, including first- and second-degree assault, theft, fleeing and eluding police and several traffic violations for a Jan. 10 incident outside the Target store on Cole Road. One officer fired a shot, out of fear of being dragged Perry's car as he tried to drive away, authorities have said.

Two jurors afterward said the jury agreed Perry was not guilty of the most serious charges — first-degree assault against Lt. Greg Alton and Deputy 1st Class Timothy Atwell, both of the Washington County Sheriff's Office. The jurors said the panel was deadlocked on whether Perry committed second-degree assault.

The disagreement was on whether Perry intended to harm the officers or his actions were part of an attempt to avoid arrest, they said.

The jurors said all 12 agreed Perry was guilty of theft, fleeing police and the other traffic violations.

Despite the mistrial, Perry remained in custody without bond. He has active warrants from three other Maryland counties and Fairfax County, Va., court officials said.

Online court records indicate there are open warrants from Prince George's, Frederick and Wicomico counties, all for theft charges in January 2018. There is also a Charles County warrant for violating probation on a 2016 theft conviction.

Perry remained in custody after the mistrial was declared.

Alton and Atwell tried to stop Perry after he left the Target store, having gotten a refund on a laptop computer he purchased earlier the same day. A store security officer alerted Alton that a man believed to be involved in a theft scam bought the laptop.

Alton and Atwell conducted surveillance until the security officer told Alton that the returned laptop box contained no computer, but two cans of tuna fish.

As Perry walked through the parking lot, Alton followed in an unmarked police car, according to trial testimony. Perry began to run and Alton got out of his vehicle.

Perry got into a car and Alton testified he reached through the window to grab Perry. As Perry began to drive away, Alton testified, his left arm was caught in the window and he intentionally fired his service weapon in his right hand to "neutralize the threat."

Atwell testified that he got out of a marked police vehicle and drew his weapon. As he did so, Perry swerved the car toward him, causing him to jump out of the way.

Perry's car hit Atwell's vehicle and a civilian vehicle before he escaped the parking lot.

Atwell testified that he believed Perry intentionally tried to hit him.