NORTH EAST — Del. Kevin Hornberger is facing a second-degree assault charge that his adult son, Adam Hornberger, filed against him on Wednesday morning after a dispute between them at their home near North East one day earlier, according to Cecil County District Court records.
Kevin Hornberger, who is the current State Delegate for District 35B and the ex-husband of County Executive Danielle Hornberger, called the police during the incident and, in turn, Cecil County Sheriff's Office deputies went to the residence in the 200 block of Lums Road at approximately 1:20 p.m. Tuesday, said Lt. Michael Zack, a CCSO spokesman. "I can confirm that deputies did respond to an address on Lums Road for a dispute between Adam and Kevin."
Adam Hornberger went to the Cecil County District Commissioner's Office in Elkton and swore out a written complaint against his father at 10:37 a.m. Wednesday, some 21 hours after the incident, and alleged that Kevin Hornberger physically assaulted him at their Lums Road residence, court records show.
"Kevin Hornberger put his hands on me and shoved me to the ground resulting in a cut to my palm and a bruise/scrape on my wrist. I have pictures of my injurys (sic)," Adam Hornberger alleged in his short, written account contained in his application for statement of charges.
Adam Hornberger did not provide the circumstances surrounding the alleged second-degree assault. When the Cecil Whig requested more information from him on Wednesday afternoon, Adam Hornberger replied, "This is a matter between my father and I. Let the statement speak for itself."
Zack explained that a law enforcement officer will make an arrest and file the charge if he or she witnesses a second-degree assault. If the law enforcement officer did not witness the incident, however, in a majority of the cases that officer will provide information to the complaining party on how to swear out a second-degree assault charge through the district court commissioner, he said. In addition, the law enforcement officer will advise that complainant of his or her right to file a protective order against the alleged assailant, Zack added.
Court records indicate that Adam Hornberger opted to petition for a protective order against his father and that Retired Cecil County District Court Judge Stephen J. Baker denied his request on Wednesday, explaining in writing that the "petitioner could not meet required burden of proof."
As for the second-degree assault charge against Kevin Hornberger, a preliminary inquiry is scheduled for June 3, court records show.
The second-degree assault charge against Kevin Hornberger is based solely on the sworn, written application for statement of charges submitted by his son. Moreover, the criminal charge was not filed by police. Kevin Hornberger was not arrested, but, rather, he was charged by way of a criminal summons, according to court records. Second-degree assault is a misdemeanor that is punishable by up to 10 years in prison if found guilty.
Kevin Hornberger declined to provide details about what happened between him and his son.
“All of us at some level are dealing with mental health issues and all of us need to work together to solve that in a non-violent manner,” Kevin Hornberger said Wednesday afternoon. “As a family, we are trying to sort through this and resolve this without outside involvement and we appreciate everyone being so understanding as sometimes these things happen."
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