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MAJOR MILESTONE Stephen Decatur junior Dayona Godwin scores 1,000th career point – Page 25
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Ochse, Kendall plead to affray in fatal beating Sentencing to take place in March after investigation
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PENGUIN SWIM The bold and the brave, or the merely committed to raising money for Atlantic General Hospital, splash around in the 41-degree ocean on New Year’s Day for the Berlin hospital’s annual fundraising event. More photos on page 37.
Smoking: the ban plays on Council leans further toward ban on Boardwalk, but gets hooked on how to do it
Zack Hoopes Staff Writer (Jan. 9, 2015) After four months of stewing over the issue of beach and Boardwalk smoking restrictions, the city has gotten … not all that far. Following an extensive presentation from city staff at Monday night’s meeting, the Ocean City Council declined to
vote just yet on a finalized smoking-restriction ordinance and plans instead to do more investigation themselves. Council members said this will entail elected officials physically touring the Boardwalk to inspect the cigarette-butt receptacle locations proposed by city staff before making a final decision. “Time is starting to become of the essence, because we have to get this message out,” Mayor Rick Meehan reminded the council. “Remember, once you make a final ordinance, there have to be two readings and public comment
sessions before it’s enacted. There is some lead time needed.” This past August, the council voted four-to-three to declare its intent to restrict beach and Boardwalk smoking, beginning May 2015. The majority consensus was that the city should set up designated smoking areas along the beach and at strategic locations on the Boardwalk, where smokers would have to stay within a certain distance of marked butt receptacles. The three dissenting votes at the See CITY page 4
By Brian Gilliland Staff Writer (Jan. 9, 2015) There doesn’t seem to be any confusion about the fact there was a fight, but after that the consensus falls apart on what exactly happened in the early hours of Aug. 24, 2014, which happened to be the last day of Justin Cancelliere’s life. The unconscious Pennsylvania man was pronounced dead at Atlantic General Hospital early that morning. As part of the plea agreement between Christopher Kendall, Caleb Ochse and the State of Maryland, the pair conceded a number of points. The two were only charged with “affray,” or public fighting, and all other charges were either dismissed or nolle prosequi, where the prosecutor voluntarily agrees to not pursue a particular charge or charges. State’s Attorney Beau Oglesby described, perhaps for the first time in public, the results of the investigation into the case. “On Aug. 24, 2014 at approximately 3:12 in the morning, the Ocean City Police Department and Ocean City Emergency Medical Service responded to … reports of an unconscious male subject … [at] the Plim Plaza hotel … The victim at that time had injuries to his face and head, See OFFICIAL page 3
Log of a tog sets world record At 28-plus pounds, tautog caught off resort eclipses standard set back in 1998
By Josh Davis Staff Writer (Jan. 9, 2015) On a pristine day in early January, five friends on a charter boat 20 nautical miles or so southeast of Ocean City saw angling history made when one hauled up a monster tautog that shattered the world record. New York native Keith Lockwood, 49, and his friends have made the annual trip to Ocean City since 2011, each time chartering Capt. Kane Bounds and his boat Fish Bound.
“[Ocean City] is known now for big tog,” Lockwood said. “Double-digit [Tautog] is pretty common in your waters, and that’s the reason I’ve been driving down there five hours from New York City for the last few years. After the first trip, I told Capt. Kane, ‘You know what? Just give me the first weekend of January for life. Put me in your book.” On the morning of Jan. 2, Lockwood, Dr. Daniel Yadegar, Richard O’Connell, Matty Casamassima and Benny Zickefoose boarded the Fish Bound, hoping to capitalize on the good conditions. “It was an absolutely gorgeous day,” Lockwood said. “The forecast all week called for 10-to-15 mile winds out of the See NY page 6
Keith Lockwood and his world record tautog.
Ocean City Today
PAGE 2
JANUARY 9, 2015
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Ocean City Today
JANUARY 9, 2015
PAGE 3
Official record finds deadly brawl ‘mutually agreed to’ Continued from Page 1 including a bloody nose and a bruise to the left side of his forehead,” Oglesby said. OCPD officers and Criminal Investigation Division began looking into what had happened, according to Oglesby, and all the information pointed to a fight between Cancelliere and two others, later identified as Ochse and Kendall. Oglesby said Can- C. Kendall celliere was at Fat Daddy’s sub shop at the intersection of Baltimore Avenue and Talbot Street in Ocean City, with friends, coworkers and family members. Ochse and Kendall were also there. “There was no interaction between the two parties in the sub shop itself. At approximately 2:30 in the morning Mr. Kendall and Mr. Ochse and a female exited the sub shop and went into the street on Baltimore Avenue. Immediately following their departure was Mr. Cancelliere, the victim, Mr. Cancelliere, his cousin and two individuals,” Oglesby said. The second group also entered the street. “The testimony would be there was a verbal altercation between Mr. Cancelliere, Mr. Kendall and Mr. Ochse,” that quickly escalated into a fight, Oglesby said, “that was mutually agreed to and engaged in by all three of those parties.” Oglesby identified two witnesses from Turkey who heard the fracas from their S. Baltimore Ave. summer residence. This narrative, Oglesby said, justifies the charge of affray. The plea agreements between the state and the accused are similar. Through the agreement, Oglesby could ask for a maximum sentence of 12 months incarceration for Kendall, but leave a suspended sentence or probation ruling to the court. Ochse can get a maximum of 18 months, owing not, as Oglesby said, to reflection of culpability, but based
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upon his prior record. Both men are now subject to a presentencing investigation that will examine their backgrounds, produce a report and submit it to the court to determine sentencing conditions. Sentencing is tentatively scheduled for March. Ochse’s lawyer, Mike Farlow, asked the court to reduce his client’s bail to $100,000 from C. Ochse $400,000, despite admitting his client is unlikely to obtain that amount. Oglesby was against the reduction, noting Farlow’s client was now convicted. Judge Thomas Groton agreed with Oglesby and denied the reduced bail.
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Ocean City Today
PAGE 4
JANUARY 9, 2015
City re-treads logistical issues with smoking ban Continued from Page 1 time, however, came from current council member Mary Knight and former members Brent Ashley and Margaret Pillas, who believed that creating smoking areas on the already crowded Boardwalk would be logistically impossible. The better approach, they argued, would be to institute an outright ban on the boards. Pillas and Ashley have since retired from office, but Knight and several of the new council members found their original stance further validated after viewing a map of where city staff had proposed to put the designated Boardwalk smoking zones. “Only 17 percent of the population in the Northeastern United States, which is our visitorship, smokes,” Knight said. “But 40 percent of the blocks have smoking areas on the Boardwalk. We’re legislating to a minority.”
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Coming off of a summer rife with complaints from store owners about pedestrian traffic clogs – largely due to the proliferation of street performers – there was apparent concern about creating new clogs of smokers on the boards. “As a business owner, I’m now competing with street performers and designated smoking areas [for visibility by potential customers],” Knight said. “My thought is to have the designated areas on the beach only, eliminating some of the cost as well.” According to City Manager David Recor, city staff estimated a cost of roughly $40,000 to complete the smoking restriction plan, as presented. This would involve 146 metal drums for the beach, spaced more densely downtown with smoking zones becoming sparser uptown. Additionally, 15 cast-concrete cigarette urns would be placed at Boardwalk smoking zones. Signs would also be replaced at all street-ends and access points. Most of the concrete urns along the Boardwalk would be placed east of the main walkway, on the access ramps that lead from the seawall down to the beach, except at those entrances that have public showers. Below Fourth Street, where the seawall ends, urns would be located on the concrete tram lane, or in some cases on the concrete plazas on the west side of the boards.
Like Knight, Councilman Wayne Hartman found that placing urns in areas that served as access points was counterproductive. “I see those [placements] as possibly adding to the problem and not being part of the solution,” Hartman said. “What we’re doing is mandating that families drag their kids through the cloud of smoke as opposed to randomly passing someone on the Boardwalk with a cigarette ... I see this as a detriment to what we’re trying to accomplish. “If this layout is truly the best we can come up with, I would like to ask the council to consider a ban on the Boardwalk with no designated smoking areas, and just have designated areas on the beach.” The fear of this scenario, however, was that smokers will simply congregate on the street ends, just off the Boardwalk. “Nearly 100 percent of the people who access the Boardwalk are going to come down that street and walk through the smoke and trash,” said Councilman Dennis Dare. “If you move it to the beach side, you mitigate that a lot.” Dare suggested that, on the upper part of the Boardwalk, butt urns be placed only at seawall ramps that are mid-block, and not directly across from a street end that is used as a beach access route by most visitors.
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“It doesn’t make it any more inconvenient for a smoker on the Boardwalk, and it would help people who are trying to access the beach,” Dare said. Agreeing with Knight and Hartman, Councilman Matt James moved to restrict all smoking off the Atlantic Avenue right-of-way, which would constitute all city-controlled property on and adjacent to the Boardwalk. “Right now, I would like to go with no smoking on the Boardwalk, and at a later time we can discuss how far back we want to go to the west, or to the east, and how far back it has to be on the street ends,” James said. But this was essentially the same sticking point that the council had reached in August, when it asked staff to come back with a plan for the leastinconvenient smoking areas. “Staff thought that’s effectively what we were already doing, even though there were some receptacles on the concrete areas adjacent to the Boardwalk [under the latest staff proposal],” Recor said. It became apparent that the council was experiencing a “have your cake and eat it too” conundrum, as restricting smoking on the Boardwalk will, naturally, only concentrate it at the next closest point to the boards. Neither is ideal. “The problem is that kids would have to walk through all the entrances west of the Boardwalk,” said Councilman Tony DeLuca. “But now moving it to the east [of the Boardwalk] causes the same issue.” Although Hartman had seconded James’ motion for a Boardwalk ban, the issue never came to vote after the consensus became to do additional physical surveys. “Let’s get in a little bus or something, drive around, and do this whole thing one time, and do it right,” DeLuca said. A walk-around review of possible smoking zones will be scheduled as soon as possible. “I do want to make sure [the new smoking regulations] happen as we said it was going to happen,” said Council President Lloyd Martin.
Relay for Life kicks off with meeting at Ocean Pines library
(Jan. 9, 2015) The Ocean Pines Library is hosting a planning session for the 2015 Relay For Life –North Worcester County fundraiser on Wednesday, Jan. 14 at 6:30 p.m. Take an active part by learning about the history behind the worldwide event. The meeting is open to the public, whether you are an avid relayer, or simply interested in learning more about the event and how to become involved. For more information on Relay For Life kickoff 2015, call Dawn Hodge at 443-497-1198, DJ Thompson at 443366-5440, or Jill Elliott at 410-4308131.
Ocean City Today
JANUARY 9, 2015
PAGE 5
OC likely to include vaping in upcoming rule
Likely the most critical piece was the July report from the World Health Organization, on what it refers to as “electronic nicotine delivery systems” or ENDS. By Zack Hoopes Summarizing the existing evidence regarding the inhalation of Staff Writer (Jan. 9, 2015) Whatever you call aerosol particulates, the international them – e-cigarettes, vape pens, etc. – review panel found that “the existing you’re probably going to have to take evidence shows that ENDS aerosol is them somewhere else this summer. not merely ‘water vapour’ as is often The Ocean City Council spent a claimed in the marketing for these great deal of time this week dis- products. ENDS use poses serious cussing the possible placement of threats to adolescents and fetuses. In designated smoking zones on the addition, it increases exposure of beach and Boardwalk for an antici- non-smokers and bystanders to nicopated smoking restriction ordinance tine and a number of toxicants. “Nevertheless, the reduced expoin the coming months, although they sure to toxicants of well-regulated have not arrived at a conclusion. However, although it was only ENDS used by established adult mentioned briefly, the city govern- smokers as a complete substitution ment seems to be in agreement that for cigarettes is likely to be less toxic for the smoker than electronic cigaconventional cigarettes and other rettes or other com“vaping” apparatus ‘So many people who use busted tobacco will be included, those are quick to tell you products. along with tobacco it’s water vapor ... it’s definitely amount of risk The products, in the uprenot just water vapor.” duction, however, is coming policy. During Mon- Councilman Wayne Hartman presently unknown.” day’s session, Councilman Wayne In other words, Hartman asked his colleagues if there it’s less bad than cigarettes, but not was, at least, a concurrence about e- exactly good for you. In the United cigarettes being included in the legis- States, however, reaching any definilation, whatever that may end up tive conclusion on ENDS risks has been waylaid by regulatory battles. being. E-cigarettes are currently classi“So many people who use those are quick to tell you it’s water vapor fied by the Food and Drug Adminis... it’s definitely not just water vapor,” tration as “tobacco products,” a Hartman said. “I encourage everyone grouping that is clearly inaccurate, to research for themselves what’s in- and which many e-cig users object to. However, the classification is the dicluded in these.” Nodding heads showed Hartman’s rect result of action by e-cigarette colleagues agreed. Including a prohi- manufacturers. bition on vaping was also recomIn 2009, the FDA proposed regumended in city staff’s draft proposal, lating e-cigarettes as “drug delivery and City Manager David Recor in- devices” in the same way as many cluded several pieces of literature, medical supplies. This would have both pro and con, regarding e-ciga- meant, however, that the devices rettes in the council’s agenda packet. would’ve had to go through years of
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federal drug trials before they could be sold in the U.S. A subsequent lawsuit by industry lobbyists and upheld by the courts insisted that the classification was unlawful since e-cigarettes were not being marketed as therapeutic devices, at least by their manufacturers. However, the courts agreed that the FDA could regulate e-cigarettes as tobacco products, since the federal definition of tobacco products under the Family Smoking Prevention and Tobacco Control Act includes products “derived from tobacco,” which the nicotine in e-cigarettes is. As of last year, the FDA has introduced a proposal that would update its regulatory language for tobacco products to include specific requirements for e-cigarettes, which would mandate uniform testing for health effects.
However, final promulgation of the new rules is likely some time away, and will likely be controversial. In the mean time, nearly every state in the country has taken the step of preventing the sale of e-cigarettes to minors. Many local jurisdictions have also banned the products in any area where tobacco is prohibited. In a headline-grabbing battle in 2013, former New York City Mayor Michael Bloomberg signed a law adding e-cigarettes to the city’s indoor smoking ban, despite resistance from the e-cigarette industry. Bloomberg’s argument, in essence, was that e-cigarette manufacturers could not sue the FDA to be considered tobacco products, in order to avoid federal regulation, while simultaneously maintaining that they were not tobacco under the city’s smoking ordinance.
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Ocean City Today
PAGE 6
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NY angler attributes ‘king of all togs’ to ‘perfect’ OC waters were being used by guys within the Continued from Page 1 west. [On Thursday] they added five first two minutes of that fish being miles an hour to that, but westerly is put on the deck,� Lockwood said. “The guys I fish with, much like mydesirable in the ocean.� Because of an injury he sustained self, are all dedicated tog-hounds, so in his left leg and spine while assist- we all had an idea of what the standing a stranded motorist four years ing world record was.� At 4:30 p.m., the boat docked at ago, Lockwood, a Metropolitan Transportation Authority worker, is Sunset Marina and, despite losing a restricted to fishing on calm, flat few ounces over the course the day, days. Luckily, Mother Nature offered the fish still weighed in at a whopping 28.8 pounds. him just that. Bounds spoke with a representa“It was in the low-to-mid 40s and it was gorgeous,� he said. “It could tive from the Maryland Department of Natural Resources and almost imnot have been more beautiful.� At approximately 8:30 a.m., Lock- mediately confirmed the state record. At press time, he wood, using white was waiting for the crab as bait, felt paperwork to come something tug on back from the Interthe line. Almost immediately, “from ‘It bit the way big fish bite. national Game Fish the bite and the iniWhen I thought the fish was Association, conthe world tial bulldogging,� he close enough I leaned over to firming record. knew he had somethe side and looked down and “It’s definitely a thing special. saw color, about 15 or 20 world record fish, “It bit the way big fish bite,� he feet below me, and I gasped.’ you’ve just got to go through the official said. “When I Keith Lockwood, angler process with it,� he thought the fish was said. close enough I Lockwood, leaned over to the meanwhile, knows side and looked down and saw color, about 15 or 20 exactly where the fish is going. “This is a world record,� he said. feet below me, and I gasped. I “It’s going on the wall. There’s no two couldn’t believe my eyes.� Lockwood’s personal best tautog ways about it. It’s the tog of all togs, was 14 pounds, caught during a pre- and it’s a male, so it’s actually the king of all togs – until someone vious trip on the Fish Bound. Coming out of the water, Bounds catches a bigger one.� Although he already smashed the said the catch shocked everyone on record books in 2015, Lockwood said the boat. “We all knew it was going to be a he can’t wait to get back on the Fish big fish when it came up,� he said. Bound next year. “I’m a fish hound, and I still love “Initially, I was guessing the fish was probably around 21, 22 pounds look- tog,� he said. “I think that your fishing at him, and then we put him on ery [in Ocean City] provides opportuthe scale and it was a little bit of dis- nities probably like nowhere else. The wrecks that you guys have down the belief.� The fish topped out the 25-pound bottom provide the ultimate habitats spring scale. A second scale read for these monster fish. “I think there still may be bigger 29.6, and a backup digital scale claimed 29.4, more than four pounds out there,� Lockwood continued. “I’m over the previous world record tau- pretty sure there is a bigger fish out tog, caught in Ocean City, N.J. in there. My physical pain [from the injury] is constant, but fishing has been 1998. “The two words, ‘world record,’ my lifelong love. I’d die without it.�
C.O.P.S. benefit at Greene Turtle, 5 p.m. this evening (Jan. 9, 2015) The Greene Turtle is hosting National Law Enforcement Appreciation Day today at its 116th Street location. In partnership with Concerns of Police Survivors, between 5-10 p.m., the restaurant invites local law enforcement and their friends and family to a free buffet dinner. The event includes door prizes, 50/50 raffles and music provided by local DJs.
A $10 donation collected at the door will go to the Maryland chapter of C.O.P.S., a statewide nonprofit organization providing programs, services and extending a helping hand for the survivors of law enforcement officers killed in the line of duty. Law enforcement personnel are not required to pay the donation. For more information, contact Liz Walk at 410-289-6733.
Ocean City Today
JANUARY 9, 2015
PAGE 7
PHOTO COURTESY OF ALANNA PANAS
Alanna Panas said she and her daughter, Lillian were removed from the Casino at Ocean Downs for nursing in the enclosed front foyer section. Panas said security had no problems with her and the infant in the area before feeding began.
Casino ejects nursing mom, invites wrath of Facebook Pennsylvania woman claims security intervened only after feeding began
By Brian Gilliland Staff Writer (Jan. 9, 2015) Two family members, armed with a bottle of pre-pumped milk, wanted to give new parents Alanna Panas and Chris Turnbull a break from 7-week old Lillian, and offered to take her on some errands while the couple relaxed a little at the Casino at Ocean Downs. Lillian was hungrier than that. She drank the bottle and soon demanded more. Panas said relatives brought the baby back to the casino, located her, but were unable to provide space in the already-crowded car for nursing. Thinking the family truck would be more comfortable; Panas said she realized Turnbull, still inside, had the keys. So she walked back into the foyer of the casino to find Turnbull, but was stopped by security guards because the baby was not 21, and therefore could not be on the gaming floor. Panas said
she returned to the enclosed lobby area with the child without incident, until Lillian reminded her she was still hungry. Seeing no alternative, Panas began nursing her daughter. Lillian was satisfied, but casino security, Panas said, was not. Despite being allowed in the foyer while not nursing her daughter, Panas said she was swarmed by security urging her to leave the property once she began. Maryland code has two relevant sections governing breastfeeding of children. Under Maryland code, title 20, subtitle 8(a), “A mother may breastfeed her child in any public or private location in which the mother and child are authorized to be.” Subtitle 8(b) provides, “A person may not restrict or limit the right of a mother to breast-feed her child.” “My legal opinion is the casino is on shaky ground,” Worcester County Attorney J. Sonny Bloxom said. Turnbull said he has contacted an attorney, and Panas herself has gone to sympathetic Facebook groups who have gleefully admitted to pelting Ocean Downs with 1-star reviews See NURSING Page 8
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Bunting 2 x 3.188
Real Estate is HOT in America’s Coolest Small Town
Adorable completely renovated farm house situated on 1 acre of land. Living room has a pellet stove for those chilly nights. Huge 1st floor master bed & bath. Master bath offers skylight, Jacuzzi tub with separate shower. Outside features include, above ground pool w/deck, paved driveway, shed and 30 x 50 pole barn.
$219,000
12826 OLD STAGE RD • BISHOPVILLE
Call Duty Agent Jeanne Hand 443-235-0652
Stop by our cozy cottage to see our In-store Displays and meet the Designing Women of Ocean City!