Washington County judge issues opinion for sentence reduction request in 1994 murder

In denying David Glen Appleby's motion to modify his sentence of life in prison plus 15 years, Washington County Circuit Court Judge Brett R. Wilson noted the "heinous" nature of a murder that in today's time would have been considered a hate crime in Maryland.

Wilson said the preplanned ambush of Warren Steven "Stevie" Slayman on July 27, 1994, could only be described as "homophobic-based hate." Society continues to struggle with prejudice, prejudice that has motivated such heinous acts like the killing of Slayman, the judge said Tuesday in court.

Wilson, in his written order, states that "punishment is rightly used to deter not only the person from re-offending, but also to deter a likeminded individual from turning evil thoughts, into evil deeds."

Appleby, a week shy of his 18th birthday at the time of the murder, didn't appear to say anything when Wilson announced in court Tuesday afternoon that he found Appleby's motion unwarranted. Appleby, 46, with thinning gray hair fringed white and dressed in state prison clothes, dipped his head slightly at the announcement while he sat beside his defense attorney.

Slayman's family, including one of his sisters, declined to comment after the hearing, according to a representative of the Victim and Witness Unit at the Washington County State's Attorney's Office.

State's Attorney Gina Cirincion said the "family is grateful for the time and consideration that Judge Wilson put into his decision."

"We are pleased that the motion to modify was denied," Cirincion said.

"This was a heinous hate crime," she said.

One of Appleby's supporters cried as Wilson announced his decision. Members of Appleby's family quickly left the courtroom after the hearing.

Defense attorney Elizabeth L. Franzoso said she has worked with Appleby for several years and thinks he's a "man who had a very difficult youth and made a very poor decision at a young age."

Appleby, who has served the past 27 years in state prison, is "very remorseful," Franzoso said.

Slayman, of Williamsport, was 27 years old when he was murdered.

Franzoso said Appleby works with the VetDogs program in prison and mentors other inmates. At least one of those former inmates was in court Tuesday to show his support for Appleby, she said.

More:'He needs to own this': Victim's family speaks against killer's motion to modify sentence

Will Appleby try again to have his sentence reduced?

Appleby's Feb. 2 motion for reconsideration of his sentence was filed under Maryland's Juvenile Restoration Act, which took effect last October. The act allows defendants who committed their offense as juveniles to seek modification of their sentence if they have served at least 20 years. Gov. Larry Hogan's veto of the act was overridden by the General Assembly.

Franzoso confirmed Appleby has a parole hearing in April and said she thinks her client is an "excellent candidate for parole."

Thanks to new legislation, the governor can no longer overturn parole decisions for inmates serving life sentences. During a December special session, the Maryland General Assembly voted to override Hogan's veto of the measure.

Franzoso said if Appleby isn't granted parole, the plan would be to file another modification request under the Juvenile Restoration Act when he's next eligible in three years.

What happened 28 years ago between Slayman and Appleby?

An account of Appleby's sentencing published in the June 30, 1995, edition of The Daily Mail reports that a prosecutor had earlier recounted the facts of the case. Slayman met Appleby, who lived in the Boonsboro area at the time, on Antietam Street in Hagerstown and offered him a ride home.

They stopped to talk near a large drainage culvert along Clevelandtown Road east of Boonsboro, where Appleby told police that Slayman made an unwelcome advance and gave him his name and telephone number.

Later that same morning, Appleby called and asked Slayman to meet him at the bridge on Clevelandtown Road so he could give him a surprise. Appleby armed himself with a handgun, apparently planning to rob Slayman and steal his 1993 Chevrolet Cavalier, a model Appleby's ex-girlfriend was fond of. Appleby's motive was also partly revenge for the earlier encounter, according to the report.

When Slayman arrived, they walked under the culvert and Appleby allegedly pointed the gun at him and demanded his car keys and wallet, which contained $16, the report states.

Appleby then shot Slayman once in the chest and twice in the head, authorities said.

After Slayman's family reported him missing that afternoon, evidence led police to Appleby and he was arrested at a friend's house in Frederick, Md. He told police he had driven Slayman's car to several friends' homes in Frederick County to show it off, the news report states.

Appleby pleaded guilty on Jan. 30, 1995, to first-degree murder and use of a handgun in committing a violent crime, according to Wilson's order. He was sentenced that June to life in prison for the murder charge and an additional 15 consecutive years for the handgun charge.

Judge's considerations

Wilson said the state requires a written opinion to be filed. He told those in court at the time he felt it was important, due to the nature of the case, to read that opinion in court Tuesday so the parties involved would know when the decision was released and not be served "coldly" with a written opinion.

His opinion reviewed 11 factors the Juvenile Restoration Act states should be considered when determining whether to reduce a sentence.

Those factors include any statements from the victim's representative, the nature of the offense and defendant's history and characteristics as well as the extent of the defendant's role in the offense and whether the defendant has "substantially complied" with confinement rules, completed educational and other programs while imprisoned, and demonstrated maturity, rehabilitation and fitness to reenter society enough to justify a sentence reduction.

Wilson wrote in his opinion that "the nature of the offense presents a strong impediment" to Appleby's effort to reduce his sentence.

"As horrific as murder is, the circumstances surrounding this crime make it a heinous example of the worst of human nature," Wilson wrote. "This was a pre-planned ambush with murder as the intended result. The motive can only be described as homophobic based hate. .... This murder was cold."

Wilson wrote that Appleby's dispassionate response to taking a life was "coldly exhibited by his subsequent actions as he took his victim's vehicle to display to an ex-girlfriend."

Wilson noted Appleby's "difficult upbringing." Father figures, prior to Appleby's current stepfather of over 30 years, "were abusive mentally or otherwise," he wrote. Appleby had difficulties in school, being expelled twice before dropping out, and claims he suffered from drug and alcohol abuse and abuse at home, Wilson wrote.

The judge noted Appleby complied with institution rules except for two minor infractions more than 10 years ago, that the defendant earned his GED and that he worked many jobs in prison, getting good evaluations.

Wilson also pointed out that Slayman's family advocated strongly against a sentence modification and that the process led to their grief resurfacing and a reopening of deep wounds.

The judge's order states a health professional's report on Appleby's physical, mental or behavioral examination stated he was a candidate for lesser security, but did not advocate for release.

Wilson also pointed out that Appleby acted alone with premeditation in planning and committing the murder.

As for any diminished culpability of a juvenile — Appleby was 17 when he murdered Slayman — compared to an adult, Wilson said Appleby was one week from adulthood. The average person that age would understand that shooting a person at close range would likely result in death and understand it can result in severe punishment.

Wilson recognized Appleby's work the past several years to improve himself, but said reducing his sentence at this time was not warranted.

Editor's note:This story was updated at 11:20 on Aug. 10, 2022, to correct the characterization of a health professional's evaluation of Appleby, that he was a candidate for lesser security but did not advocate for release. The Herald-Mail apologizes for the mistake.