Charlotte Criminal Lawyer Blog

According to a recent report by WCNC.com, police have brought new charges against a man who recently had several similar charges dropped. Police say that Lavatae Evans was recently arrested for rape, kidnapping and other sexual offenses, just two weeks after several other sexual offense charges were dismissed. According to the victim, she met Evans at the Charlotte Transit Center. She knew him because they used to live together. She agreed to go with him to smoke pot, but when she tried to leave, Evans refused to let her go back to the Transit Center. Evan then pulled out a gun and took her back to his home on Brewton Drive in Charlotte. That is when the victim said that Evans raped her.

Just two weeks before his arrest, the district attorney dropped charges against Evans involving similar circumstances. Back in December, Evans and police had a standoff at his home in Brewton Drive. Police believed that Evans kidnapped two women and held them at gunpoint in his home. While the police were searching for him to arrest him for those charges, they claim that Evans sexually assaulted another woman. The district attorney dropped all of the charges related to these two offenses because the victims gave inconsistent statements. Also, the police were not able to collect valuable evidence against Evans because the victims left the hospital before a sexual assault kit were performed. The police also tested the gun used in the previous kidnapping for the presence of DNA. The testing revealed that there were three different people's DNA present on the gun, making it difficult for prosecutors to prove beyond a reasonable doubt that Evans was the perpetrator of the crimes.

Continue reading "Charges Dropped, New Charges Filed Against North Carolina Man" »

After having been arrested, tried, convicted, sentenced, confined and then released, a North Carolina man might go back to jail for additional murder charges stemming from the same incident, according to a recent report by WBTV. Nearly 15 years ago, Maurice Lacato Phifer shot John Lewis Southerland. At that time, Southerland did not die from his injuries, but was left paralyzed from the neck down. Last month, Southerland died from complications associated with his injuries. The medical examiner has ruled Southerland's death a homicide and now prosecutors are considering whether to charge Phifer with Southerland's murder.

In 1999, two years after the shooting, Phifer was convicted of Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury. In 2007, Phifer was released from prison. Prosecutors now have to decide whether they have enough evidence to try Phifer for murder. After the appeal, much of the important evidence in the case was destroyed, which will make it extremely difficult to convince a jury of Phifer's guilt beyond a reasonable doubt. To demonstrate that Phifer is guilty of Southerland's murder, the prosecutors would have to prove beyond a reasonable doubt that Southerland's death was directly related to the shooting, even though Southerland died nearly 14 years after being shot.

The prosecutors would also have to consider whether charging Phifer with murder would violate his right to not be tried for the same crime twice. The principles of double jeopardy are some of the most difficult in criminal procedure. The United States Supreme Court has struggled to define "same offense" and "jeopardy." The current law is the Blockburger test, which asks whether each offense requires proof of an element that is not contained in the other one. Thus, if each offense has an element that is unique to it, the offenses are not the same and a defendant can be charged with both. If however, one of the offenses contains all of the elements of the other offense, the prosecution of the second offense is banned by the double jeopardy clause.

Continue reading "Convicted and Released North Carolina Man Could Face New Murder Charge" »

According to a recent article at WCNC.com, Charlotte-Mecklenburg Police have arrested a man they said exposed himself to various women in the Dilworth area of the city while riding a bike.

Michael Adams was arrested at his home earlier this week where he was then charged with exposing himself to a woman near Dilworth Elementary School. He was also charged with a separate incident of exposure involving a different woman that took place on East Park Avenue. Police have said that they are also investigating whether Adams is connected to other recent reports of flashing across the Charlotte area. One such incident was reported on a public jogging path near Dilworth.

One of Adams' neighbors, Prince Pegeuese, witnessed police arresting Adams. "I saw his bicycle in the back of a police cruiser and I thought he had stolen a bike or something," said Pegeuese. Since the arrest neighbors have said that Adams did not own a car and would often ride his bicycle into the Dilworth area.

Adams is not listed on the N.C. sex offender registry, but he does have a criminal background that includes arrests for breaking and entering and assault.

Continue reading "Dilworth man arrested for public exposure" »

According to a recent report by WBTV.com, a man who was wounded during a drive-by shooting at the Northlake Mall has been recently released from the hospital. The victim was 23-year-old Gregory Tillery. He was wounded while he was trying to get into his car parked outside of Dick's Sporting Goods Store. On Monday, February 6, 2012, the police were called to the Northlake Mall after the caller reported a shooting in the parking lot. The officers who arrived on the scene found that the victim had been injured by a gunshot wound to the leg. He was expected to make a speedy recovery, despite earlier reports which said that the victim had suffered life-threatening injuries.

Witnesses reported no less than five shots fired during the shooting. They indicated that as Tillery, the victim, was getting into his car, another vehicle pulled up and fired directly at him. Tillery was accompanied by another man. Police say the suspect also fired at him, but the bullet went through the legs of his pants and he was luckily not injured. The police are continuing with their investigation. They are looking at security footage to see if an image of the shooter was caught on videotape. Also, police are interviewing those who were with the victim and are interested in finding out why someone might want to shoot him.

Police were able to get a description of the suspect. Witnesses described him as a black male with dreadlocks. The witnesses also say that he was driving a white Ford SUV, either an Excursion or an Expedition, with some kind of trim at the bottom of the vehicle, either gold or tan. Police are asking that anyone who knows any information contact Crimestoppers.

Several other cars were hit by stray bullets. Fortunately, the cars were empty at the time and no other people were injured. The investigating officer, Lt. Brian Foley, said that if the circumstances had been different, this incident could have turned into a tragedy. One witness said, "They could have hit anybody else. [I]t could['ve] been somebody's kid. [I]'s scary... What if it was your family[?] [W]hat if it was your kid or someone you knew[?]"

Continue reading "Charlotte Police Still Looking for Suspect in North Carolina Drive-By Mall Shooting" »

According to a recent report by WBTV, a Charlotte, North Carolina, woman has been charged with multiple counts of child abuse after being caught on camera injecting something into her daughter's IV in the hospital. Ladonna Parlier, 26, was arrested after police determined that she had abused her 5-month-old daughter on several occasions. The little girl remains in stable condition at Carolina Medical Center-Main. On the night of Wednesday, February 3, 2012, police were called to the hospital after officials caught her "aspirat[ing] blood from [the infant] and then [inject] some unknown substance into the victim with syringes, while both of them were staying in the same room."

After a combined investigation with the Department of Social Services, the police charged Parlier with child abuse. It was unclear from the article why the 5-month-old was in the hospital in the first place, but the police had been investigating Parlier for child abuse allegations prior to the hospitalization of the victim.

Parlier's family is in shock that she could be accused of such a heinous crime. Her husband, Tim, said, "I can't point fingers at her, point all the blame, but waking up this morning learning new stuff... I can't rule it out." Tim also revealed that after the baby was born, Parlier was prescribed antidepressants, but at the time of the incident she had stopped taking them. Her brother also expressed his shock and confusion about the charges that his sister is now facing. He said, "Right now we're confused, because we thought she would not do anything of this nature... I don't think there's anything in the world that she loved more than that baby."

When Parlier was arrested, she was charged with five counts of child abuse inflicting serious injury, which are felony counts, and five counts of child neglect, which are misdemeanors. Her bond is set at $137,500. She is supposed to appear in court this Friday, February 10, 2012, which will be her first court appearance since her arrest.

Continue reading "Charlotte mother charged with child abuse" »

On Monday, January 30, 2012, arguments began in a Racial Justice Act case, a case in which a death row inmate is challenging his death sentence by attempting to demonstrate the presence of racial bias as a factor is his sentencing. According to a recent report by the Charlotte Observer, inmate Marcus Robinson, who has been on death row for over 17 years, is trying to convince a judge that under the Racial Justice Act his death sentence should be commuted to life in prison.

Robinson's case is the first hearing held since the controversial Racial Justice Act was passed and since Governor Perdue vetoed a bill that would have repealed the law. Robinson was tried and convicted of the kidnapping and murder of Erik Tornblom. Prosecutors say that Robinson kidnapped the 17-year-old Tornblom, stole his car, and took $27.00 in cash before killing him with a gun-shot blast. Robinson was assisted by his accomplice, Roderick Williams. Williams was convicted and sentenced to life in prison while Robinson received the death penalty. Both Williams and Robinson are black. Tornblom was white.

As a result of the different races of the defendant and the victim, Robinson is attempting to argue that racial bias was a significant factor in jury selection and in sentencing. His attorney is planning to present statistical evidence of racial bias and disparities to demonstrate the presence of racial bias in Robinson's trial. Robinson is free to challenge the presence of racial bias at any stage of the process. If Robinson can prove racial bias at any level, the Racial Justice Act provides that his sentence may be converted from a death sentence to a life sentence. His attorney will argue that during his 1994 trial, prosecutors struck black jurors from the jury venire at a much faster rate than they struck white juror. The end result was a jury made up of nine white jurors, one Native American juror, and two black jurors.

The evidence presented will likely consist of expert testimony from a study conducted by University of Michigan Law School researchers. The study focused on capital cases out of North Carolina. The researchers came to an interesting conclusion: "[Q]ualified black jurors - those not released for cause, such as their opposition to the death penalty - were struck by prosecutors nearly two times the rate as qualified white juror."

The Racial Justice Act was passed in 2009 in response to three North Carolina inmates being released from prison after finding that their convictions were based on questionable evidence, faulty testimony, prosecutorial misconduct, and ineffective assistance of counsel. It gives judges the option of considering statistical evidence as proof of racial bias, which is not available under federal law, even though federal law allows inmates to challenge convictions and sentences based on racial bias.

Continue reading "North Carolina Death Row Inmate Challenges Sentence under Racial Justice Act" »

As mentioned in a previous post, the story of the ex-felon hired to work at a café who then allegedly killed a pregnant manager by fatally stabbing her during a robbery continues with new information being released. The newest information demonstrates the need for small businesses to perform background checks, as well as the risks taken when hiring employees with criminal records or the exposure to legal liability faced when failing to conduct thorough background checks on job applicants.

The Charlotte Observer reports that state records show the 22-year-old suspected killer was released from prison in November 2011, after serving nearly two years for robbery and breaking and entering. He is accused of stabbing the pregnant 25-year-old restaurant manager to death and prosecutors say he will also be charged with a second count of murder for the woman's unborn child.

The Flying Biscuit Café in Charlotte, North Carolina also faces possible fines or other penalties from the Alcohol Law Enforcement (ALE) division for hiring the ex-felon since a state alcohol law does not allow businesses to hire felons convicted in the last three years for jobs that involve serving alcohol.

According to the article in the Observer, the cafe's owner told ALE agents that no background check was performed on the suspect, even though he had acknowledged a past conviction during his interview. It's uncertain though if the owner of the restaurant knew the nature of the previous conviction. The café worker was convicted in 2009 of robbing a drive-in restaurant where he worked and was put on probation for the crime but then sent to prison after subsequently being charged with breaking and entering.

The president of a Charlotte-based human resources group, The Employers Association, who was interviewed for the story said that many small businesses "just don't think about background checks, or say they don't have the money." A survey of The Employer Association's nearly 900 member businesses revealed that while 90 percent of large companies with 500 or more employees in the Charlotte region performed pre-employment background checks, only about 20 percent of small businesses with 20 or fewer employees said they conducted background checks. Such failure to pay on the front end for a background check may ultimately cost the owner of the café far more in the long run.

Continue reading "Charlotte Restaurant Killing Sparks Questions over Background Checks" »

Two teenagers were involved in a crash that killed one, a 17 year-old-girl, and injured another, the 16-year-old driver. The driver, Garrett Prince, has been charged with multiple counts in connection with the crash, including "felony death by motor vehicle, driving while impaired, provisional DUI, careless and reckless driving, having an open container of liquor, speeding and possession of marijuana."

The officer who filed the crash report indicated that the vehicle was going in excess of 75 mph when the vehicle struck a tree. The passenger, Elizabethh Malloy, died as a result of the impact. Witnesses said the teens were at a party where alcohol was served to guests. Investigators are currently trying to figure out how and why alcohol was served and who was responsible for its presence at the party. Witnesses said that Prince had been drinking and smoking at the party. He was described as being severely intoxicated, but Elizabeth did not realize how impaired he was when she chose to jump into his Jeep.

It is a criminal offense to supply minors with alcohol. Investigators say that they will arrest anyone who is responsible for supplying the alcohol and drugs to these teenagers at the party. According to the law in North Carolina, those who supplied the teens with alcohol can face a significant criminal penalty. They face up to $1000 fine and could also be required to perform up to 150 hours of community service.

Continue reading "Charges Follow Fatal Charlotte Car Crash" »

According to a recent report on WBTV.com, the crime rate in Charlotte has dropped to its lowest level in more than 20 years. The police department released crime statistics for the year 2011 and they revealed that the homicide rate dropped 6.8% from the previous year. In 2010, there were 59 homicides in the city of Charlotte, but in 2011, there were only 55 homicides in Charlotte. The homicide rate for 2011 is the lowest the rate has been since 1988. As a result, the overall crime index has also gone down 7.1%. There was also a substantial decrease in property and violent crimes the last calendar year. Property crimes went down nearly 8% while violent crimes decreased by just over 2%.

The Chief of the Charlotte-Mecklenburg Police Department attributes the success to a strong working relationship with the Office of the District Attorney. Chief Rodney Monroe said, "I couldn't have asked for a better relationship with the District Attorney's Office that sees things as we do... The priorities [of] making sure that we focus on the right people, mak[ing] sure we receive stiffer sentences for individual who are committing crimes, as well as not randomly letting people out of jail... [that] we arrest."

The victory is not complete because not all of the crime categories saw a decrease. The Charlotte-Mecklenburg Police actually reported a 4% increase in aggravated assaults. In addition, even though crime as a whole went down, when the statistics were broken down by individual divisions, some of those individual divisions saw an actual increase in crime. This simply signifies to the Chief that there is still work to do. "We're always looking for ways to do things better, whether it's in communications, on the street, [or] whether it's in the DA's office," Chief Monroe told WBTV.

For the Chief it seems that he has found something that is working. He has vowed not to implement new strategies, but to continue to build on what was working to get this significant drop in crime. "Rather than trying to develop new strategies and with the DNC coming up --let's try what we've been successful on and see if we can take this to a new level."

Continue reading "Charlotte, NC Crime Rate Drops" »

WBTV.com recently reported about the leader of a prostitution ring in Charlotte, North Carolina being arrested and charged with several charges related to interstate human trafficking. Filemon Guzman-Martinez pleaded guilty to "transporting individuals in interstate commerce for prostitution, enticing individuals to travel in interstate commerce for prostitution, and unlawful transportation of an alien."

Court documents indicate that from February to October of 2011, Guzman-Martinez converted a residence into a brothel where sex workers performed sexual acts for $25.00 per act. The residence was located at 5726 Southampton Road. It was reported that Guzman-Martinez offered potential customers business cards with his cell phone number and pictures of the available women. The customers would then call the number on the business card and be set up with a date for the evening.

Of the $25.00 service fee, Guzman-Martinez took $10.00 and the woman received the remaining $15.00. The women came from several different states. They agreed to stay with Guzman-Martinez for one week at a time and were then transported to other locations to work as prostitutes. It was customary for women to see eight to ten men per day.

The U.S. Attorney made a statement about the federal government's position on sex trafficking: "Sex trafficking is a horrible crime that treats sex as a commodity and exploits vulnerable persons for financial benefit," said U.S. Attorney Anne M. Tompkins. "This case provides a window into the underground world of sex trafficking and shows that it happens in communities like ours. My office is committed to the aggressive prosecution of all sex trafficking cases, and I call upon the public to report any suspicious activity that may help us apprehend and prosecute those engaged in these crimes."

The federal government is not being easy on those caught committing sex trafficking. Guzman-Martinez could be sentenced to up to 40 years in prison depending on how the U.S. Attorney and the federal judge calculate his sentencing. Defendants who are facing federal criminal charges will likely plead guilty to the crime of which they are accused. As such, an experienced North Carolina criminal defense attorney is necessary to negotiate the proper plea agreement with the federal government.

Continue reading "North Carolina Prostitution Ringleader Faces Justice" »

A North Carolina man accused of murdering a pregnant woman has been arrested, according to a report by WCNC.com. The victim was 25-year-old Danielle Marie Watson and she was the manager at a local restaurant, the Flying Biscuit. Police say that Watson was stabbed to death in the kitchen of the restaurant by 22-year-old Mark Anthony Cox. At the time of her death, Watson was 2 months pregnant and was planning on getting married to her fiancé.

The Charlotte Violent Criminal Apprehension Team along with the Fayetteville Police arrested Cox at a friend's apartment in on the outskirts of Fayetteville, North Carolina. The victim's car was found in the parking lot of an apartment complex near the friend's apartment.

In addition to Cox being charged with two possible counts of murder, the 911 operator has been placed on administrative leave. Apparently there was some confusion regarding the location of the call. The victim's fiancé, Keith Smith, called in the emergency to authorities. The 911 operator sent the police to the wrong address. However, when the staff at NewsChannel 36 listened to the 911 tape, it sound like the caller gave the operator the wrong address. The authorities are suggesting that the administrative leave is simply a precaution to investigate whether the 911 operator followed the proper protocols for ensuring that accurate information was given to the police. There has been no mention of whether having the police go to the wrong address may have made a difference in whether the victim survived her injuries.

As was previously mentioned, the accused could be facing two counts of murder. We posted previously about the passage of North Carolina's Unborn Victim's Act, which allows the state to charge a defendant with murder if he or she causes the death of a fetus no matter how far along the woman is in the pregnancy (except in cases of abortion). That law went into effect in December, therefore, Cox comes within the confines of the new law and could be facing two counts of murder because Watson was pregnant at the time of her death.

Watson's family is relieved that the potential defendant has been caught and is ready to put this tragedy to rest. After being informed about the arrest, Smith, Watson's fiancé, told NewsChannel 36, "I feel much better knowing that they found him. I spoke with her mom, and the family is ecstatic. They are very happy she actually said it's a huge burden lifted off her heart that they found him."

Continue reading "North Carolina Pregnant Woman's Accused Killer Apprehended" »

The victims of two 30-year-old rape cases are now on their way to seeing justice decades after their harrowing experiences. According to a recent report by WBTV, a man has been arrested for the rape of two women back in 1981.

The detectives of the Sexual Assault Cold Case Unit at the Charlotte-Mecklenburg Police Department were able to find the suspect, Roger Dale Honeycutt, after re-examining biological evidence taken from the rape kits 30 years ago. On January 27, 1981, detectives allege that Honeycutt entered a home in the 3400 block of Sharon Amity Road. When he got in, she saw a woman asleep on the couch and he raped her. After the assault, the woman was taken to Carolina Medical Center. There, a sexual assault kit was performed and biological evidence was collected from the victim. The cold case detectives began to reexamine the case in December 2011, and on December 8, 2011, the detectives submitted the sexual assault kit to the crime lab for a second examination of the evidence. Nearly one month later, the detectives were notified that the lab had a match and that it was Honeycutt.

Honeycutt was arrested at his home in Kannapolis by the Violent Criminal Apprehension Team. What is unique about Honeycutt's arrest is that at the time he was free on bond for another rape. In October 2010, Honeycutt was arrested and charged with another rape that happened back in 1981. Police say that on February 21, 1981, Honeycutt broke into a woman's house, found her sleeping on the couch and raped her. Nearly one month after the first rape was committed, Honeycutt allegedly followed the same pattern and committed a second sexual assault. The victim of this second assault was five months pregnant at the time of the attack and her husband and daughter were asleep in the home while she was being raped. A sexual assault kit was also performed on the victim and there were no suspects until August 2010, when Honeycutt was found to be a match to the biological evidence collected from the sexual assault kit.

Continue reading "North Carolina Sex Offender Arrested for Two 30-year-old Rapes" »

On January 6, 2012, the federal government took an important progressive step in the realm of sexual violence legislation. It has expanded the definition of rape. The new definition removes the gendered language and now includes the sexual violation of men and boys. Rape was previously defined by the federal government as "the carnal knowledge of a female forcibly and against her will."

This limited definition only allows women and girls to be sexually violated and it only included penetration by a man's penis, but did not include penetration by other objects or body parts. It suggests that if something similar happened to a man or a boy, it is not rape, but something entirely different. The new definition, however, is much more expansive. It defines rape as "penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim." This new definition makes the crime of "rape" apply to the sexual penetration of a boy or man.

The change will make the FBI's reporting of rape statistics easier, especially since several states now have a more expanded definition of rape. The old definition created discrepancies in the number of rapes reported each year. According to a report by Forbes Magazine, 1,400 sexual assaults were reported in Chicago, but the government did not count those in the total amount of rapes reported because those sexual assaults did not meet the very restrictive definition of "rape."

In addition to streamlining statistics, the newly expanded definition of the crime of rape does something else very important. It starts to change the conversation regarding sexual violence and begins the process of removing the gendered stereotypes associated with the crime of rape. It has always been assumed that men cannot be raped. However, hundreds of men are sexually violated on a regular basis, but because of societal views men have had a difficult time reporting that a crime of sexual violence was committed against them. It is likely that the number of reported rapes will increase not only because of the expanded definition, but also because men and boys will begin to feel more comfortable telling these stories without the fear of social stigma.

Continue reading "Redefining Rape in North Carolina" »

In a story that hits close to home at Arnold & Smith, PLLC, a recent report by the Charlotte Observer , discusses how troubled Charlotte-Mecklenburg Police Department Officer David Jones, III, is now facing new allegations from a suspect who has claimed that he was assaulted by the officer.

This newest allegation comes from Thomas Huminik. Huminik claims that in September of 2011, he was assaulted by Officer Jones after Jones responded to a call at a bank. Huminik and his wife were going through a bitter divorce and somehow ended up at the same bank at the same time. Once Huminik arrived at the bank, his wife called the police. Jones was one of the responding officers. Huminik claims that once he was outside of the bank, he was assaulted by Jones and another officer. His lawyer, Brad Smith, alleges that Huminik was punched, kicked, and thrown to the ground and none of those actions were justified. There is a surveillance video from the bank that shows the officers escorting Huminik out of the bank and seems to show that the officers are wrestling with Huminik.

As a result of that incident, Huminik was charged with assaulting an officer, communicating threats, and resisting arrest. However, all of those charges were recently dropped by the District Attorney. As it turns out Officer Jones is no stranger to controversy at the Charlotte-Mecklenburg Police Department. In December, he was suspended and recommended for termination after he assaulted a man named Rick McVicker who rear-ended Jones' mother. Jones' mother called him to assist her with the accident and once he arrived on the scene he got into a physical altercation with McVicker, which according to McVicker, resulted in Jones slamming his head into the ground.

Continue reading "Tainted Charlotte Officer Hit with New Allegations" »

Four men have been charged with careless use of fire after a flag burning incident during an Occupy Charlotte protest. According to the Charlotte Observer, two American flags were burned outside of the campsite in protest of what the protestors labeled "American greed."

Police say that the suspects were charged because they failed to use a fire pit to burn the flags. Those arrested were 19-year-old Alex Tyler, 20-year-old Stephen Morris, 23-year-old Michael Behrle, and 28-year-old Jason Bargert. Bargert, was acting as the spokesperson for the Occupy Charlotte movement.

Tyler said that the purpose of the flag burning was to send sparks through the camp. "I've seen this group lose its activism and become lazy," said Tyler, adding that the other men told him, "We're going to give Occupy Charlotte a wake-up call." Well, the protestors got their wish. The movement is now divided over the incident. Several members thought that burning the flag was unnecessary and disrespectful and at least 10 members of the movement have issued formal statements disassociating themselves from the flag-burning episode. There was even some debate about expelling the men from the group. As of yet, there has been no word of whether the four protestors are still a part of the Occupy Charlotte movement.

Occupy Charlotte is part of the nationwide Occupy movement that began with Occupy Wall Street in September. According to Occupy Wall Street's official website, the purpose of the movement is to protest against banks and corporations that they believe have led to the economic collapse of the nation. Occupy Wall Street has led to several similar occupy movements across the country, including Occupy Charlotte. Occupy Charlotte is following in the footsteps of the pioneers on Wall Street.

Continue reading "North Carolina Protestors Charged with Burning Flag" »