A Clarksburg man pleaded guilty Thursday to being an accessory after the fact to murder for tossing the alleged murder weapon out the window of a car.
Brian B. Henry, 28, through a plea agreement pleaded guilty for his involvement in the fatal shooting of 19-year-old Jaemari Anderson in September 2020. He entered his plea before Frederick County Circuit Judge Scott L. Rolle.
Henry faces up to 10 years of incarceration. Sentencing is scheduled for Feb. 8, after the trials of co-defendants Jordan Hooks and Daniel Flythe. All three men were charged with first-degree murder, among other charges. As part of the plea agreement, Henry is required to testify in the trials.
Assistant State’s Attorney Jason Shoemaker outlined the alleged facts of the case in court, including new details of Henry’s involvement. Shoemaker indicated the state would seek a 10-year sentence for Henry, but the defense is free to argue for less.
Frederick County Sheriff’s Office deputies responded to the Waterside community Sept. 6, 2020, and found Anderson on the ground near a walking path, covered in blood and unable to speak, Shoemaker said.
As the attorney described the state in which police found the victim, Anderson’s parents listened from a court bench.
The young Anderson was flown to shock trauma, Shoemaker said, where medical staff found a bullet lodged in his head. He later died at the hospital.
Police in charging documents allege Anderson and Hooks were friends, hanging out at Hooks’ residence on Waterview Court the day of the shooting. A disagreement occurred, leading Anderson and Hooks to allegedly agree to fight outside. Henry, who was under electronic monitoring in relation to a Montgomery County court case, was placed at the scene at the time of the shooting, Shoemaker said. Henry later told police he saw Flythe shoot Anderson, according to Shoemaker.
A bullet casing was found near Anderson after he’d been shot, Shoemaker said, but the matching gun was later recovered at the on-ramp to Interstate 70 East at Md. 180 and Md. 351. Henry, Flythe and another witness reportedly fled the scene of the shooting in a vehicle, taking the gun with them, Shoemaker recounted in his statement to the court. After a witness (who is not charged) reportedly wiped the .380 caliber Bersa semi-automatic handgun with a T-shirt, Shoemaker said, Henry tossed the gun and shirt out the window of the vehicle.
Henry’s defense attorney, Andrew Jezic, emphasized in court his client had no part in planning or executing the alleged murder.
“Mr. Henry wants to do what is right,” Jezic told the News-Post after the hearing concluded. “His heart breaks for the victim’s family.”
The State’s Attorney’s Office did not comment on the plea.
Lucille Anderson, Jaemari’s mother, said in an interview, “I just want to see justice.”
At the time of the shooting in Frederick County, Henry was on probation for a conspiracy robbery case in Montgomery County, online court records show. In 2019, he was sentenced to one-and-a-half years with eight-and-a-half years suspended, plus five years of probation. In violating probation, the remainder of the sentence hangs over Henry’s head.
As part of the plea agreement in the homicide case, the Frederick County State’s Attorney’s Office has agreed to convey Henry’s level of cooperation to the prosecutor in the Montgomery County case without making any recommendations as to sentencing.
The trial for Jordan Hooks is set to begin Oct. 25. Daniel Flythe’s trial is scheduled to start Jan. 10.