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January 8, 2013: Nicholas Plazio Pre-Charge Plea Agreement








            IT IS HEREBY AGREED, by and between the State of Maryland, and Nicholas Plazio (hereinafter sometimes referred to as the “Defendant’) and his attorneys, James Nichols and Warnken, LLC, as follows:

1.  The State will charge Nicholas Plazio by criminal information in the Circuit Court for Carroll County with one count of misconduct in office, as set forth in the attached draft criminal information.  Misconduct in office is a common law offense for which the sentence may be any sentence not in violation of the constitutional proscription on cruel and unusual punishment. 

2.  The Defendant will enter a plea of guilty to that charge.

3.  The Defendant irrevocably waives the filing of any and all actions, motions or other proceedings related to, or which in any way, pertain to the investigation of the matters to which this agreement relates or the terms and conditions of this agreement, including, without limitation, the filing of any post-trial or post proceeding action and/or the filing of any other action.

4.  On or before the date and time that Defendant’s plea of guilty is accepted by the Court, the Defendant shall tender his resignation from the Carroll County Sheriff’s Department, which resignation shall become effective immediately.   

5.  In return for the Defendant’s plea of guilty as set forth above, and the other considerations set forth herein, and upon acceptance of that plea of guilty by the Court:

A.  The State agrees that it will not charge the Defendant with perjury or any other offenses arising from his conduct or testimony in connection with the investigation of the September, 2010 murder of Jeremiah Demario or the detention, arrest, interrogation, charging or aborted prosecutions of Russell Laderer and Cassandra Glover in connection with that homicide.

B.  The State and Defendant agree that the sentence imposed by the Court shall be pursuant to Maryland Rule 4-243(c) and the terms contained in this agreement shall be binding upon the Court.

1. As to each count, the Defendant shall be sentenced to concurrent terms of one year incarceration in the custody of the Division of Corrections, which terms shall be suspended in full in favor of three years of supervised probation and a fine of $5,000.00.

2.  As a special condition of probation, the Defendant agrees that he will not seek, hold or be employed in any position with a law enforcement agency. 

3.  As a special condition of probation, the Defendant agrees to perform five hundred (500) hours of community service at a rate of not less than 15 hours per month.  The community service will be performed at the place and as directed and approved by the Defendant’s probation officer.  No community service hours will be credited unless documented by a log.  For each date on which community service is performed, the log shall contain the date, location, start time, end time, a brief summary of the work performed, and the signature and printed name and telephone number of the person who directly supervised or physically verified the performance of the service.  No community service performed at the Defendant’s home and no community service not actually supervised or physically verified by an appropriate, independent representative of the organization for which the service was performed, shall be accepted.

6.  In the event that the Defendant completes his community service in full, has not otherwise breached this agreement, and provides to the Department of Parole and Probation AND to the Office of the State Prosecutor adequate documentation of same before the expiration of the three (3) year probationary period, the Defendant’s probation supervision may then be terminated, except that, in no event, shall the period of supervised probation be less than twenty four (24) months from the date of sentencing.

7.  In the event any portion of this Agreement shall, for any reason whatsoever, be found to be void, the remaining terms of the Agreement shall be binding upon the parties and shall remain in full force and effect, except as otherwise expressly provided herein.

8.  The Defendant and his agents, servants and attorneys irrevocably and forever waive and shall hold harmless the State of Maryland and its agents, servants, attorneys and employees from any and all actions and causes of actions arising from or related to this Agreement or the above-referenced cases.

11.  This Agreement is being executed freely and voluntarily without duress or coercion and after consultation and advice from competent counsel.   

12.  No provision of this agreement is binding unless and until executed by all of the parties hereto.




                                                                        EMMET C. DAVITT

                                                                        Maryland State Prosecutor





                                                                        By:      Thomas M. McDonough                                                                                                         Deputy State Prosecutor





            I, Nicholas Plazio, have read the foregoing Plea Agreement and reviewed its terms with my attorneys, James Nichols and Warnken, LLC. I thoroughly understand the terms of the agreement and freely and voluntarily agree to its terms.




                                                                        Nicholas Plazio



I, James Nichols, Esquire, on behalf of myself and for the Warnken, LLC., certify that we have thoroughly reviewed the terms of the foregoing Plea Agreement with our client.  To the best of our knowledge, his decision to enter into this plea agreement is made freely and voluntarily with full understanding of its terms. 




James, Nichols, Esquire and

Warnken, LLC

Attorneys for Nicholas Plazio