Charlotte Criminal Lawyer Blog

WFMY News recently reported that a Charlotte man pleaded guilty to a handful of charges involving a string of rapes and robberies in the area. On Friday, April 13, 2012, Jaunton Carter pleaded guilty to First Degree Rape, First Degree Kidnapping, Sexual Battery, and Robbery. The judge sentenced Carter to serve 28-34 years in prison.

Carter has an unusual technique as he tricked women into thinking that they had been involved in car accidents. He used this ruse to lure them out of their cars where he would rob and then rape them. These occurred in February 2010 in the high-end residential neighborhoods of Dilworth and Myers Park in Charlotte. According to officials at CMPD, Carter ambushed a woman as she was getting out of her car on Spanish Moss Lane. It was 1:30 AM and he clasped his hands over her mouth and demanded her pocketbook. He searched through her purse for money and when he did not find any he took her cigarettes instead.

Less than 24 hours after the first robbery, Cater rear-ended another car at the intersection of Colony Road and Runnymede Lane. Two women exited the vehicle to see how much damage had been done to the vehicle. That is when Carter approached them with what they thought was a gun. He pointed it at them and demanded that they get back into the car. He got into the car with them, forcibly demanded money, and made them drive to a nearby ATM. He was apparently unable to get any money out of the ATM. Carte then made the women drive to Ferncliff Road where he made one of the women exit the car.

He raped the woman he made get out of the car while he forced the other woman to watch in horror. Carter managed to hold a gun on both of the women while he was raping one woman. He took the money that they had on them, which amounted to $6.00 and then he left the scene. Thirty minutes after robbing and raping these two women, Carter rear-ended another woman and stole her purse.

Continue reading "Charlotte Man Jailed for A String of Rapes and Robberies" »

According to a recent report by WCNC, the CMPD's cold case squad is thriving. Created six years ago, the Charlotte-Mecklenburg Police Department's sexual assault cold case unit, has had tremendous success solving sexual assault cases that no one ever thought would be solved. It was one of the first sexual assault cold case teams in the nation. Initially, only one detective was assigned to solve the cold cases, but since then, the department has received grants from the Justice Department to thoroughly staff the squad.

In addition to the detectives, the squad also has its own prosecutor dedicated to ensuring that the perpetrators of these crimes are brought to justice. Barry Cook, once a member of the Mecklenburg County District Attorney's office, came out of retirement to assist the cold case squad in prosecuting the offenders that they are successful in apprehending. Cook said, "There's a lot of satisfaction in playing a part in solving these cold case sex crimes and putting whoever's responsible for these crimes in prison."

The cold case squad spends the majority of its time meticulously going over old case files. They try to find new avenues of investigation and look for new evidence to test for biological evidence, the presence of which will make the prosecution relatively easy, according to Cook. The team has the luxury of the advances in technology that the original detectives involved in these cold cases did not have. New technology allows technicians to extract DNA from the most miniscule of biological samples. Samples that were once thought of as too degraded for analysis are now proving to be useful pieces of evidence.

Challenges, however, are present even with the advances in technology. The presence of DNA does not necessarily lead to a conviction. The detectives still have to conduct a thorough investigation to contextualize the DNA evidence should it even be present. Detective Troy Armstrong, a member of the team, said, "DNA is why we can solve these cold case rapes. . . . But DNA is not the magic bullet. It's only a part of the puzzle. We have to put the entire puzzle together. It's not a slam-dunk case just because we have DNA."

Continue reading "Charlotte Cold Case Squad Hard At Work Solving Old Crimes" »

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" »

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" »

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" »

WRAL recently reported that a North Carolina jury has found Laurence Lovette, Jr. guilty of murder in the tragic 2008 shooting death of Eve Carson, a UNC Chapel Hill student who was brutally murdered. In the prosecution's closing argument, they told the victm's story. She was kidnapped at gunpoint near her home and was held for several hours. Lovette and another individual stuffed her in her own car and drove her to two separate ATMs. Lovette then took a total of $700.00 from her bank account.

The prosecution told the jury that there was overwhelming evidence against Lovette. He was seen by surveillance cameras near the scene of the crime just a few minutes before Carson was kidnapped. Lovette was also caught by the ATMs' security cameras while he was withdrawing money from Carson's account.

In addition to being found guilty of first-degree murder, Lovette was also convicted of first-degree kidnapping, first-degree armed robbery, felonious larceny, and felonious possession of stolen goods. For the murder conviction, he will spend the rest of his life in prison. The sentences for the other charges are to run consecutively with the life sentence. Thus, there is no possibility of Lovette being released from prison.

His attorneys tried to explain to the jury during sentencing that Lovette had a difficult childhood. His father died at age 13 and by age 17 he was on his way to becoming a hardened criminal. Defense attorney Karen Bethea-Shields said that her client is very compassionate despite the prosecution's claims that he is a callous cold-hearted killer. She said, "He has a very close-knit family, and it's very difficult for his family... He knows that, and he worries about his mother and sisters. He's grown a lot since 2008, and he has plans, even now when he goes to prison, to get his education degrees and keep on doing what he needs to do to make himself better."

Continue reading "Man Found Guilty in Death of UNC Student" »

What has happened over the last week at Penn State University has tarnished the lengthy career of a football coaching legend and the reputation of a nationally recognized institution. Wednesday evening Joe Paterno, 84 year-old football coach of Penn State University, was asked to step down immediately, ending his 46-year tenure as head coach.

In order to understand how we have gotten to this point, it is critical to understand the history and timeline of events that have taken place over the last few decades. In 1969, Jerry Sandusky began his coaching career as a defensive line coach with Penn State University under legendary coach Joe Paterno. In 1977, Jerry started his now infamous organization called The Second Mile which was intended to help children with absent or dysfunctional families. Over the course of a 15 year-period, beginning in 1994, Sandusky had numerous alleged encounters with young boys. Some of these incidents were witnessed by other members of the coaching staff and occurred at the Penn State athletic facilities. In total, Sandusky faces over 40 criminal charges with 25 of those being felony counts of deviate sexual intercourse, aggravated indecent assault, unlawful contact with a minor, endangering welfare of a child and indecent assault against at least eight victims over more than a decade.

As the details of the alleged acts have been flooding the media in the last couple of days, the idea of an adult violating these innocent children is disturbing to say the least. I am sure everyone would agree that Sandusky should be punished for his crimes. However, what makes this story even more interesting is how the lack of action on the part of others is bringing them under fire, most noteworthy Coach Paterno.

As the story has further unraveled, it appears that Paterno and other school officials had the opportunity to alert authorities, but instead just alerted the Penn State athletic director ,Tim Curley. As it stands, Curley and another university official are facing charges of perjury and failing to report Sandusky to authorities. On two different occasions, once in 1998 and again in 2002, Sandusky was accused of engaging in this violent criminal behavior and the school effectively did little to nothing to stop it. Although Paterno does not appear to be facing criminal charges like Curley, it is still safe to say that his career has been tainted and ended sooner than he had intended. No doubt that the reputation of the esteemed Penn State University has been forever changed.

Continue reading "Penn State Sex Abuse Scandal Rocks the College Sports World " »

On September 28, 2011, Zachary Paul Greene, a former Rowan County High School Teacher, entered an Alford plea to three counts of felony indecent liberties with a 17 year old female student at North Rowan High School. In exchange for his plea, Mr. Greene was sentenced to 20 months in the North Carolina Department of Corrections.

Mr. Greene's Alford plea is not a typical guilty plea. It is a plea that allows a defendant to maintain his innocence but for all practical purposes counts as a plea of guilty. By entering an Alford plea, Mr. Greene is acknowledging that prosecutors have evidence which could lead to a conviction for the offense or offenses. The defendants in cases involving Alford pleas want to maintain their innocence, but do not want to run the risk of a more severe sentence if they go to trial and are convicted.

In this case, Mr. Greene was likely originally charged with having sex with a student, which is a more severe offense than indecent liberties with a student. In exchange for his guilty plea, the District Attorney likely reduced the charges so he faced, at his option, either an "active" jail term, or probation, where a jail term is suspended while a defendant is on probation. As long as probation is successfully completed, that defendant never serves any jail time.

Interestingly, Mr. Greene chose the "active" sentence. Most defendants will do almost anything to avoid incarceration, especially for a term as long as 20 months. However, the privilege of not being incarcerated on felony convictions frequently is years on probation with an active sentence always looming over their head. Probation may sound easy, but for many, the hassle of monthly or weekly meetings with a probation officer, curfews, probation fees, electronic monitoring, or other conditions the court may place on a probationary sentence is not easy to fulfill, and many end up back in court on probation violation charges. Most importantly, even if you have successfully completed years on probation, but slip up in the last month, your entire sentence may be activated, or your probation could be extended.

Continue reading "Former Teacher Takes Prison Over Probation" »

In May 2011, Martin Diamond, 23, was released on a promise to appear in court for rape and kidnapping charges against his estranged girlfriend. The bond was originally set as a secured bond of $105,500, but was soon changed to an unsecured bond which meant Diamond could sign himself out of jail.

A "secured bond" means that the suspect has to provide some security such as a personal property which equates to the bond amount. The suspect could also hire a bail bondsman who would charge a percentage of that bond amount to the suspect and provide an insurance in order to allow the suspect to be realeased. On the other hand, an "unsecured bond" means that a suspect does not have to provide any financial or real property collateral.

Magistrate Sylvia Cherry was overseeing this process. As a result of this incident, the Magistrate overseeing the bond for Diamond was placed on suspension to allow for further investigation into this and related incidents. Judge Lisa Bell manages the Mecklenburg county magistrates and released a statement defending Cherry's actions.

According to an article featured on the WSOC TV Channel 9 website, "Bell said a number of factors could have played a role in Cherry's decision, including the fact that Diamond had no prior arrests or convictions, did not appear to be a flight risk, had a confirmed residence and was a student." On the other hand, CMPD issued a statement calling the bond a "mistake", according to local news affiliate WCNC Newschannel 36.

Understandably, the victim's mother is outraged with this decision and is concerned that authorities will have a difficult time finding Diamond when he court date comes up. The actions of the magistrate can often have significant impact a case regardless of the facts surrounding the matter. There are a number of motions that are filed which relate to magistrate misconduct and can have a bearing on the judge's decisions in cases. This is yet another example of how critical the magistrate role is in the court system and it should not be taken lightly.

Continue reading "Charlotte Accused Rapist is back on the Street - Not a Magistrate Mistake? " »