D.C. fire captain convicted of raping woman

Friday, June 19, 2009

Tony Sneed, 48, of Fort Washington was convicted of second-degree rape, third-and fourth-degree sex offense and second-degree assault in the Calvert County Circuit Court around 7:30 p.m. on Wednesday, with the court deciding he could remain on his current status forgoing incarceration pending sentencing on Sept. 18.

The charges stem from a 23-year-old woman accusing Sneed of sexually assaulting her as she was passed out on a mattress at a party at Sneed's stepdaughter's home in Chesapeake Beach on Aug. 9, 2008.

Sneed, a captain for 20 years with Washington, D.C., Fire Department Engine 4, was placed on "enforced leave," last September when he was charged and Deputy Fire Chief Kenneth Crosswhite said the department was "unaware" of the convictions on Thursday.

"He has 72 hours to do that," he said of Sneed notifying the department, and at this time he remains on enforced leave until internal affairs verifies the convictions.

The jury, comprised of what appeared to be a span of three generations, deliberated until midnight on Tuesday after hearing the case for about 12 hours that day, and then hashed over the evidence of the three-day trial again on Wednesday before they agreed on the verdicts of all four counts.

The jury asked the court to finish testimony Tuesday due to vacation scheduling conflicts with jury members so the case proceeded into the night on Tuesday with closing arguments ending around 9 p.m.

Assistant State's Attorney Kathryn Marsh, who prosecuted the case, called numerous witnesses who testified to the events surrounding the party and rape, including the victim, who got physically ill when she testified, but did not remember what happened with Sneed after drinking wine and vodka shots that night.

Sneed's attorney, Joel Duboff of Silver Spring, claimed that both Sneed and the victim "blacked out" because of alcohol consumption and do not remember the events. The victim was "not taken advantage of" but "[came] onto Mr. Sneed" during the small gathering of family and friends, he said during the trial. Duboff did not return a phone call to comment before press time.

Tammy Hornick, the nurse who examined the victim the next day, testified of the victim's demeanor saying she was "crying and curled up in a ball" and said the exam showed some trauma to the victim. Hornick said the victim told her that "she had not a lot of recollection of what happened," however, during cross examination, Hornick agreed with Duboff when he said that "no bruises or scratches" were found on the victim's body.

Both attorneys agreed that "vaginal intercourse did occur" but they were not in agreement as to who the aggressor was and what actually happened.

All the witnesses testified that the victim had a lot to drink and needed assistance that night, with Sneed's stepdaughter testifying that the victim was "wasted" and Sneed was "just intoxicated."

The last day of the trial, the defense called Sneed's stepdaughter's 12-year-old son to testify that he saw Sneed and the victim "rubbing on each other" while the victim sat on Sneed's lap.

One of the defenses' main witnesses, Sneed's friend Michael Simmons, testified he saw the victim on top of Sneed while they were on the mattress together that night. Simmons, who was sleeping on the couch near Sneed, said he woke up to go the bathroom and saw a "tall blond woman" get out of the covers and crawl on top of Sneed and he stopped and watched as she moved on top of him.

When Marsh cross-examined Simmons his memory wasn't as clear as he answered, "I don't remember" to several of her questions regarding last summer and conversations with Sneed and Duboff.

Although Simmons said he only had one rum and coke to drink at the party, much of his testimony conflicted with other witnesses who testified during the trial and he appeared confused at times. When Marsh asked him to draw the positions of Sneed and the victim when he saw them on the mattress, he drew the victim lying perpendicular to Sneed's feet at the bottom of the mattress.

Simmons answered, "No" to Marsh's questions of knowing that Sneed was charged with a crime, if he talked to Sneed or his attorney since Aug. 9 and if he made a recorded statement to Duboff about his testimony.

After his answers, Marsh asked for a brief recess and she found and played a piece of Simmons' recorded statement with Duboff until he said he thought it could be his voice, but did not remember.

In redirect Duboff prompted Simmons, and he said he remembered going to Duboff's office and talking with him and answered, "No" when Duboff asked him, "Did anybody put words in your mouth in regards to what happened?"

Sneed is scheduled to be sentenced Sept. 18 at 10 a.m.

charvat@somdnews.com