DOJ Seal

Department of Justice

U.S. Attorney's Office
District of Maryland

For Immediate Release

Thursday, June 4, 2015
Rod J. Rosentein
, United States Attorney
Contact: Vickie LeDuc

Howard County Man Pleads Guilty to Armed Robbery and to Being an Accessory After the Fact to a Murder

Baltimore, Maryland – Avery Terry, age 23, of Laurel, Maryland, pleaded guilty today to commercial robbery, using and brandishing a firearm during a crime of violence, and accessory after the fact to a second robbery resulting in death.

The guilty plea 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 Terry’s plea agreement, on January 21, 2014, Terry and another individual robbed the CVS Pharmacy in Elkridge, Maryland, at gun point stealing approximately $200. A store video camera recorded the robbery, including the distinctive clothing worn by the robbers. The gun used during the robbery belonged to Terry, who texted a picture of himself holding the handgun two days before the robbery. 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 the suspected shooter in a January 23, 2014 robbery and homicide of a drug dealer. Law enforcement saw Terry the suspected shooter leaving the alleged shooter’s home. The two got into Terry’s car. Police conducted 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 robbers. After being advised of his rights, officers interviewed Terry regarding the gun found in his car. A search warrant was also executed at Terry’s home and law enforcement 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 phone revealed 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 and regular telephone communication with two individuals charged with that crime. The alleged shooter is facing murder charges in Howard County Circuit Court. A second alleged co-conspirator is charged federally for his role in the robbery and murder. In addition, Terry admitted that at the time of the suspected shooter’s arrest in Terry’s car, they were attempting to get rid of the murder weapon.

Terry faces a maximum penalty of 20 years in prison for the robbery, a mandatory minimum sentence of seven years and up to life in prison for using and brandishing a firearm during a crime of violence, and a maximum of 10 years in prison for being an accessory after the fact. U.S. District Judge George L. Russell, III has scheduled sentencing for September 11, 2015, at 2:00 p.m.

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 are prosecuting the case.

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Baltimore Field Division