Frederick dentist enters plea in harassment case of former girlfriend

A Frederick County, Md., dentist received a year of supervised probation Thursday after entering an Alford plea to a misdemeanor charge of misusing a phone to make repeated calls to annoy and harass a Hagerstown-area woman he previously dated.

Other charges in the case were put on a stet, or inactive, docket. That includes misdemeanor harassment charges and a felony charge for fraud ID information theft with a value of $1,500 to less than $25,000.

Brian Kelly Motz, 43, of the Myersville, Md., area, entered the Alford plea in Washington County District Court on Thursday morning. Motz's case was scheduled for a bench trial that morning before a plea deal was reached.

An Alford plea does not admit guilt, but acknowledges the prosecution has enough evidence to obtain a conviction.

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When Motz's attorney, Caroline Norman Frost, asked him if he was entering the plea because he was in fact guilty or it was in his best interest, Motz said because it was in his best interest.

After the hearing, Frost said "we believe he definitely did not do these things." If the case had gone to trial, Frost said they would have shown contact by the victim.

Motz's former girlfriend, Roxanne Sours, 47, told Judge Mark D. Thomas she suffered mental abuse, and "I have been held a prisoner in my own head because of him."

"He thinks he's above everything and he's told me that," Sours said.

Motz told the judge he had "no reason to do any of this."

"My license is in jeopardy because of this. If anyone's life has been turned upside down, it's mine," Motz told the judge. Motz said he understood the gravity of the situation and would not contact Sours "ever again."

Frost told the judge that Motz's practice, livelihood and family depend on him. She mentioned his parents. Motz's dental practice has 13 employees and 4,000 patients.

Before sentencing Motz per the plea deal reached, Thomas said he'd met with the attorneys in his chambers and they had gone over the strengths and weaknesses in their cases; what they could prove and the ambiguities of the case.

Beyond a reasonable doubt is a high bar to prove, Thomas said. The judge said that, based on what he'd heard in chambers, he was not surprised a compromise had been reached.

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Assistant State's Attorney Danielle Lackovic, in recommending probation before judgment and a year of supervised probation, said Motz doesn't have a prior criminal record. Lackovic said the state is concerned there might be mental health or other issues based on the contact in the harassment case.

Thomas granted Motz probation before judgment, sentencing him to a year of supervised probation and a $500 fine.

Thomas ordered Motz not to have any contact with Sours or her family by any means, including a third party. He also is not to be found near Sours' home or workplace.

The judge told Motz that if he violates his probation — if he contacts Sours in any way — Motz is facing three years of incarceration on the charge he pleaded to and the charges placed on the inactive docket could be reactivated.

Everyone is emotional and intellectual, Thomas said. The question in this case is whether emotion got away and did someone do things they shouldn't have, he said.

Thomas ordered Motz to get a mental health evaluation and complete any treatment his probation agent directs.

The phone harassment

If the case had gone to trial, Lackovic said her case would have shown Sours and Motz began dating in July 2020 and they had an on-and-off relationship during 2021. They broke up at the end of January 2022.

Since they broke up, Motz had been harassing Sours by various means, including calls, Lackovic said.

Lackovic said Sours sent Motz an email in late March 2022, asking him to stop contacting her. He responded, saying he would respect her wishes and hoped the best for her.

Lackovic also mentioned two letters, one written by Sours and one written by an investigating senior trooper with Maryland State Police, that the trooper delivered to Motz at his dental practice on April 7 last year. Both letters advised Motz to stop contacting Sours.

Regarding the charge Motz pleaded to on Thursday, Lackovic referenced numerous calls made to Sours in April and May 2022 from different phone numbers. Some of the calls were made at night or around 1 a.m., she said. Sometimes when Sours picked up the phone she heard someone breathing, Lackovic said.

That May, Sours received a call from a number she recognized as a number Motz used to communicate with her in December 2021, Lackovic said. Sours received a text on that number, stating "Check your email.... is it worth it?" There were several emails from Motz.

The fraud charge

Lackovic did not provide details during the plea hearing about the felony fraud charge placed on the stet docket as part of the plea deal.

According to charging documents, Sours told the senior trooper she received an email from Netgear thanking her for a $1,589.99 equipment purchase and was "advised a loan was applied through Affirm Financing using her information to pay for the equipment without her permission."

The phone number linked to the loan was Motz's personal cell number, according to the charging documents. Sours said the company told her to ship the equipment back when it arrived and it would clear the loan.

According to charging documents, when Motz called Sours she asked him about the Netgear order and applying for the loan. He told her he "used his credit card to make the purchase," charging documents state.

The maximum penalty on the fraud charge is five years in prison and/or a $10,000 fine, court records state.