Downcounty Division

The Downcounty Division is responsible for the prosecution of major felonies occurring in the southern part of Montgomery County. These felonies include murder, kidnapping, rape and aggravated sex offenses, armed robbery, armed carjacking, arson, burglary, aggravated assault, drug distribution, and firearms and explosives violations. The team works within the geographic boundaries of the Silver Spring, Wheaton, and Bethesda police districts, as well as the City of Takoma Park. The team comprises 13 senior felony prosecutors. In 2008, the Downcounty Division prosecuted nearly 500 cases in the Circuit Court.

Notable 2008 prosecutions include:

Carlos Baustamante Mendieta, 32, of Annandale, Va., was convicted on April 2, 2008, of the first-degree murder of Mr. Hak Bong Kim, following a trial before the Honorable David Boynton. On Sept. 11, 2008, Judge Boynton sentenced Bustamante Mendieta to life in prison.

On Aug. 15, 2005, at 7:20 a.m. Fairfax County police responded to Ravensworth Road and St. Michael Lane in Annandale for a report of a suspicious death. A citizen had been walking his dog and found a human body smoldering. Investigation revealed that the cause of death was multiple stab wounds to the chest.

The following day, Montgomery County Police were called to the 5600 block of Warwick Place in Chevy Chase for the report of a theft. The homeowners reported to police that they had contracted with Hak’s Construction Company, owned by Hak Bong Kim, to do construction on their home while they were out of town. When the homeowners returned, the work had not been completed, several items were missing from their home, and there was blood on the floor.

Montgomery County and Fairfax County Police homicide detectives began a joint investigation. They used dental records to prove that the body found in Annandale was Kim. On Aug. 20, they found Kim’s car in Fairfax County. Another day laborer identified Baustamante-Mendieta from a surveillance picture taken at an Arlington 7-11 store. That picture showed that Baustamante-Mendieta had been with the deceased on the last day of his life. Kim had hired him as a day laborer to help with the painting and flooring at the house in Chevy Chase. During its investigation, detectives established that Kim had caught Baustamante stealing the homeowner’s property. When Kim confronted him, Baustamante repeatedly stabbed him in the neck and torso. After murdering Kim, Baustamante cleaned up the crime scene, hog-tied Kim’s body, and stuffed it into a grill cover. Baustamante then stole Mr. Kim’s work van and transported Kim’s body back to Annandale. Under the cover of darkness, Baustamante dug a shallow pit grave and used gasoline to incinerate the body.

At trial, the State called expert witnesses in the fields of DNA analysis/identification, forensic odontology, forensic pathology, and blood spatter. The jury convicted Bustamante Medieta of first-degree murder.

Richard Manning Miller, 44, of Bladensburg, Md., was convicted on Nov. 6, 2008, of Attempted First-Degree Sexual Offense, Attempted Kidnapping and First-Degree Assault following a three-day jury trial in front of the Honorable Terrence McGann. On Dec. 17, Judge McGann sentenced Miller, a career criminal, to life imprisonment plus 55 years.

On Jan. 29, 2008, at 7:45 a.m., Takoma Park Police officers responded to 1355 University Blvd. for the report of an attempted abduction and assault. The victim, a 27-year-old married mother of two, was transported to Washington Hospital Center, where she was treated for a severe brain injury, a broken nose, and a ruptured eardrum. At the hospital, the victim told police that she was standing in front of the Pollo Campero restaurant, located at 1355 University Blvd., waiting for her ride to work when she was attacked from behind by a man armed with an aluminum baseball bat. The man beat her in the head with the bat and then tried to force her into the back of his delivery truck.

First Assistant State’s Attorney Peter Feeney, far right, leads the Downcounty Division in its fight against crime in the southern half of Montgomery County.