FREDERICK, Md. (AP) — A state senator says last weekend’s fatal shooting of a Frederick ice cream truck driver was a failure of Maryland’s justice system.

Frederick Republican Michael Hough (huff) said Thursday that Larnell Lyles, the man charged with shooting Brandon Brown, should have been in jail for repeated probation violations.

Lyles served five days of a five-year sentence for second-degree assault last year. The remainder was suspended and Lyles was placed on probation for three years.

Probation agents had requested twice that Lyles be arrested and returned to jail for violating probation. A hearing on those requests was scheduled for last Thursday, two days

before the shooting. But the hearing was postponed because Lyles had new charges pending, alleging possession of synthetic marijuana, that hadn’t been resolved.

(Copyright 2015 by The Associated Press. All Rights Reserved.)

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