- Associated Press - Thursday, December 3, 2015

ANNAPOLIS, Md. (AP) - Prosecutors are holding off on pursuing a burglary charge against a Naval Academy midshipman found sleeping in an Annapolis apartment that wasn’t his.

The Capital of Annapolis reports (http://bit.ly/1QUR1vV ) that the Anne Arundel State’s Attorney’s Office is not immediately pursuing a case against 20-year-old Max Smith. Smith’s attorney, Paul T. Stein, says his client has been disciplined by the academy and apologized to the apartment’s owners.

A spokeswoman for the State’s Attorney’s Office tells the paper that the academy’s disciplinary actions plus the victims’ desire not to prosecute Smith, factored into the decision not to immediately move forward. Spokeswoman Heather Epkins, says the office can still prosecute the case within the year.

A woman called police Oct. 25 after discovering Smith sleeping on a chair in her living room.

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