Guilty Verdict in Philip Airey Murder

Michael Martin, 28, of the 200 block of Allwood Road was found guilty late Friday afternoon May 23 of first-degree murder and conspiracy to commit murder and assault and deadly weapon charges before the Honorable John Addison Howard. The maximum sentence for first-degree murder is life in prison. Sentencing is scheduled August 14, 2008. Details from the SA's office:

On June 20, 2007 Anne Arundel County Fire Department responded to the scene of a car fire in the field off a ramp leading to West Nursery Road off of I-295. The firefighters noticed the 1993 Chevrolet Prism gas cap was missing, license plates were missing and the area around the car was also burned. When fire officials popped the trunk they found decomposed remains of a body later identified as Philip Calvin Airey Jr., 36.

Statement of facts. Philip Airey had been reported missing by his mother on June 19, 2007. She last saw her son on June 18 just before he left to meet Tracy Asbury at a local bar. According to witness statements, Airey arrived alone, ordered two drinks before Asbury showed up at the bar. The two were observed by witnesses having drinks and playing pool together for several hours before Asbury left the bar alone at midnight. Asbury was observed on her cell phone as she left the bar. Cell phone records revealed that Asbury was calling Michael Martin and Robert Speake. Airey ordered his last drink after Asbury left at 12:07 a.m. Cell phone records indicate Asbury made several cell phone calls to Airey between 12:40 and 12:42 a.m. Shortly after that time Airey arrived at the house on Pennington Avenue. According to witnesses, upon his entrance to the house he was met with fists, kicks and punches in the living room. The fight moved down into the basement where he was further assaulted and ultimately stabbed to death. Witnesses at the house at the time of the assault gave statements that they saw Michael Martin, Tracy Asbury and Robert Speake assault Airey and later saw a body wrapped in a blanket and a sleeping bag in the basement of the house. Another witness gave a statement that the next day, in the early morning, he saw Philip Airey’s prism in the alley and that Tracy Asbury was standing next to the vehicle and the trunk of the car was open. Witnesses gave statements that Asbury had spoken openly about an elaborate plan to assault Airey over the course of several weeks.

Speake, 19, [pleaded] guilty April 7, 2008 to second-degree murder, conspiracy to commit first-degree assault and use of a deadly weapon (knife) with intent to injure. Under terms of the plea agreement Speake was to testify truthfully in the Asbury trial. and will receive a prison term of 58-years suspend all but 43-years at a later date.

Tracy Asbury plead[ed] guilty May 14 to second-degree murder and conspiracy to assault before the Honorable John Addison Howard. As part of her plea agreement with the state, Asbury will receive a sentence of 55-years suspend all but 33-years and a 5-year probation term. Sentencing has been held sub-curia until the Martin case concluded.

Michael Martin is the last co-defendant to be convicted.

Assistant State’s Attorney Theresa Shaffer of the Homicide Division prosecuted this case.