A Hagerstown man was sentenced Tuesday to 20 years in state prison for a shooting in the Valley Mall parking lot in June 2022 that injured a Fairplay man.
Referring to a witness at the mall with his family at the time of the shooting, Washington County Circuit Court Judge Brett R. Wilson said others could have been injured from Matthew Steven Lookabaugh's actions that day.
Assistant States Attorney Beverly Plutnick told Wilson earlier during the hearing that the shooting happened in a public place close to shops with many people coming and going in the area.
The shooting occurred around 6 p.m. on June 8, 2022, in the parking lot on the side of the mall near Mission BBQ and Dick's Sporting Goods.
A jury, in February, found Lookabaugh, now 23, guilty of attempted second-degree murder for trying to kill Calijah Omari Paugh, who was found with two gunshot wounds. The jury also convicted Lookabaugh of using a firearm in the commission of a violent crime.
Wilson, before the case went to the jury, acquitted Lookabaugh of the most serious two charges, the attempted first-degree murders of Paugh and Myzai Fisher. The maximum penalty for attempted first-degree murder is life in prison.
Wilson, on Tuesday, sentenced Lookabaugh to 30 years in state prison with all but 15 years suspended, for the attempted-murder conviction. He sentenced Lookabaugh to a consecutive 15 years on the gun charge, suspending all but the mandatory minimum of five years.
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What we know about the alleged motive for the shooting near Valley Mall
Assistant Public Defender Robert Sheehan told Wilson there was testimony during the trial from one of Lookabaugh's younger family members that the two were shopping at the mall. They were followed by two individuals, with the latter pair making "threatening comments along the lines of 'We're going to beat you up and you don't know what we have,' Sheehan said of the younger family member's testimony.
Sheehan said the younger family member also testified to feeling threatened.
Plutnick confirmed to Wilson that the victim in the case was not helpful to prosecutors.
Lookabaugh and Paugh did not testify during the trial, according to attorneys in the case.
According to charging documents, Fisher said Paugh got into an argument with one of the males, and the older one fired a handgun at him and Paugh in front of Mission BBQ. Fisher said he and Paugh ran back into the mall, where Paugh said he had been shot.
During the trial, Fisher at first told Plutnick he didn't remember anything. When she asked if someone shot at him and Paugh that day, Fisher said, "For sure." Fisher confirmed he recalled saying the shooter was a white guy, but that he hadn't seen the man previously.
Defendant has been bullied in life, dealing with depression symptoms
A presentence investigation of Lookabaugh was conducted and a licensed clinical social worker with the public defender's office also reviewed Lookabaugh's medical documents and talked to some of his family members.
Sheehan pointed out that Lookabaugh has a slight build and that stature has led him to being bullied.
Lookabaugh, 21 at the time of the shooting, was described in charging documents at the time as being 5-foot-3 and weighing 115 pounds.
Lookabaugh's father was mostly absent and could be emotionally abusive, Sheehan said. There also were concerns about alcohol use among adults in the family. Lookabaugh would help take care of his younger siblings and showed concern for the family pets, his attorney said.
Kimberly Vocke, the social worker, said Lookabaugh meets the criteria for major depressive disorder. She said he admitted to self-medicating with marijuana and it exacerbating some of his anxiety symptoms. Vocke said Lookabaugh wants to return to therapy.
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Ghost gun used in attempted murder case
Wilson said he hadn't heard an explanation for why Lookabaugh had a gun with him.
Sheehan said it was poor judgment on his client's part.
When handing down the sentence, Wilson pointed out Lookabaugh illegally possessed a ghost gun that day. At his age at the time, Lookabaugh could have gone through the lawful process to own and possess a handgun. Wilson said there is no need for a "law-abiding citizen to go around the law" to possess an illegal gun.
During a preliminary hearing in July 2022, Detective Bryan Glines with the Washington County Sheriff's Office testified that a search of Lookabaugh's home after his arrest turned up an unregistered, 9mm "ghost" handgun and ammunition. He said so-called "ghost guns" can be assembled from parts available for purchase.
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