DOJ Seal

Department of Justice

U.S. Attorney's Office
District of Maryland

For Immediate Release

Friday, September 11, 2015
Rod J. Rosenstein
, United States Attorney
Contact: Vickie E. LeDuc

Howard County Man Sentenced to Over 15 Years in Prison for Armed Robbery and Being An Accessory to a Murder

Baltimore, Maryland – U.S. District Judge George L. Russell, III sentenced Avery Terry, age 23, of Laurel, Maryland, today to 181 months in prison followed by three years of supervised release for robbery, using and brandishing a firearm during the robbery, and accessory after the fact to a second robbery resulting in death.

The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief Gary Gardner of the Howard County Police Department; and Howard County State’s Attorney Dario Broccolino.

According to his plea agreement, on January 21, 2014, Terry and another individual robbed the CVS Pharmacy in Elkridge, Maryland at gun point. A store video camera recorded the robbery, including the distinctive clothing worn by the robbers. Terry texted a picture of himself holding the handgun used in the robbery two days prior. Terry had a previous felony conviction for drug distribution and was prohibited from possessing a gun or ammunition.

On January 26, 2014, Howard County Police executed an arrest warrant for another individual who was a suspected shooter in a January 23, 2014 robbery and homicide. Law enforcement saw Terry and the suspect leaving the suspect’s home and get into Terry’s car. Police made a traffic stop and arrested the suspected shooter. A black .38 caliber revolver, different from the gun used in the CVS robbery, was found under the driver’s seat where Terry was driving. Ammunition was also found in Terry’s car.

A Howard County detective who was investigating the CVS robbery was also participating in the execution of the arrest warrant that day. The detective noticed clothing in Terry’s car that matched the distinctive clothing worn by the CVS robbers on January 21. Law enforcement executed a search warrant at Terry’s home and recovered a mask and other clothing matching that worn by one of the CVS robbers.

After Terry’s arrest, Howard County Police monitored Terry’s jail calls, including a call in which he asked his mother to get his employer to provide a false alibi for him at the time of the CVS robbery. Terry’s mother called the employer and asked him to provide the alibi, but the employer refused and promptly reported the call to police. Cell site data from Terry’s phonerevealed that it was used to send calls or data through a cell tower location near the CVS Pharmacy at the time of the robbery.

Subsequent investigation revealed additional information concerning Terry’s knowledge of the January 23, 2014, robbery/homicide. Call records show that between January 21 and January 26, 2014, Terry had frequent telephone communication with two individuals charged with that crime. In addition, Terry admitted that at the time of the alleged shooter’s arrest in Terry’s car, they were attempting to get rid of the murder weapon. The alleged shooter, Desmick Lewis, age 23, of Columbia, is facing murder charges in Howard County Circuit Court. A second alleged co-conspirator, Pepe Taylor, age 21, of Laurel, is charged federally for his role in the robbery and murder. Taylor has pleaded not guilty and his trial is scheduled to begin November 30, 2015. An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

United States Attorney Rod J. Rosenstein commended the ATF, Howard County Police Department and Howard County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Sandra Wilkinson and Zachary A. Myers, who prosecuted the case.

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Field Division: Baltimore Field Division