Civil Rights

Charlotte Officer Indicted By Grand Jury On Second Try

Published on: January 28, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”

A grand jury in Charlotte chose to indict a local cop on voluntary manslaughter charges for shooting and killing an unarmed man last September who had just been involved in a late night car accident.

It was revealed earlier today that Officer Randall Kerrick, 28, would now face formal criminal charges in connection with the fatal encounter that occurred late on September 14, 2013. The announcement was made after a different grand jury declined to indict Kerrick just last week on the same voluntary manslaughter charge. Kerrick’s attorney tried to block the second grand jury, asking a judge to deny the second hearing, arguing that giving prosecutors a second chance to pursue an indictment violated Kerrick’s rights. However, the judge allowed the second grand jury hearing to proceed.

Kerrick was a former animal control officer who had been on the Charlotte-Mecklenburg police force for a little over three years. The grand jury heard evidence of how Kerrick fired 12 shots at Jonathan Ferrell, a 24-year-old former Florida A&M football player. Ferrell had been involved in a car accident earlier that evening and stumbled for a half-mile down the road before knocking on a woman’s front door. The young woman was home alone with her newborn child and was afraid Ferrell was there to break in.

Police officers, including Kerrick, arrived shortly after the woman called 911 and appeared to do so with their guns already drawn. Some have claimed that Kerrick and the other officers snuck up on Ferrell and failed to identify themselves as police officers. Ferrell was ultimately shot 10 times and died at the scene.

LAPD Announces New Oral Swab To Test For Drugs

Published on: December 31, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

The Los Angeles Police Department made a surprising announcement recently when an official revealed that officers would begin carrying portable devices that can check drivers for drug use. Officials with the police department say that the tool will be rolled out to combat increased instances of drugged driving, often due to medical marijuana usage.

q-tip Charlotte Criminal Lawyer North Carolina DWI Attorney.jpg The new tools, which are swab-testing kits, will be used primarily during DUI checkpoints and in jails to test those who have already been arrested. The department intends to pair the devices with breathalyzers and subject drivers at checkpoints to both a breath test and mouth swab to detect the presence of drugs. The test has been designed to screen for the presence of methamphetamine, cocaine, benzodiazepine, methadone and THC, a component of marijuana.

An LAPD spokesperson said that officers would ask drivers to consent to a swab of their gum line. After the swab has been collected, the tool will then read the fluids and immediately alert officers to the presence of drugs. Previously, such a test would require blood samples taken by nurses, which would then be sent off for analysis.

Police officials have said that the growing prevalence of medical marijuana dispensaries has pushed the department to consider new strategies to detect impaired drivers. Law enforcement authorities say that driving under the influence of drugs, known as drugged driving, is just as dangerous as drunk driving and it will be an important priority of officers in the area to limit the ability of drivers to engage in similarly risky behavior. Officials with the city attorney’s office have said that nearly 600 DUI cases that were filed against LA drivers in the past year concerned the use of drugs, a number they want to see increase given the new technology.

Survey Shows Blacks In North Carolina Far More Likely To Be Arrested During Police Stop Than Whites :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: October 31, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?”

A recent report published on the site ThinkProgress.org discovered that black people in Durham, North Carolina are more than twice as likely as white people to be searched after being pulled over for speeding. Even more amazing was that the results showed police were three times as likely to arrest a black person after a seat belt violation than they were to arrest a white person.

handcuffs Charlotte DWI Criminal Lawyer DUI Attorney.jpg The mayor of Durham has responded to the results, saying that he is instituting an investigation into what appears to be clear evidence of racial profiling by police officers. The action was all prompted by the release of a University of North Carolina study that showed how blacks and Hispanics across the state were vastly more likely to be searched following a traffic stop than their white counterparts, something that has alarmed criminal defense attorneys as well as civil rights advocates.

Some critics of police tactics say that the results clearly demonstrate institutional racism on the part of some police departments in North Carolina. These critics point to results which found that black drivers were three times more likely to be arrested following a seat belt violation stop. Hispanics were also dramatically more likely to be arrested when drugs were discovered during a car stop while whites were more likely to receive a citation or a warning.

The results should serve as a stark warning to law enforcement agencies across the state about the danger of allowing bias to influence legal decisions. The results also unfortunately align with the opinion of many minorities who say they often feel profiled by police officers. A recent Gallup survey found that 25 percent of black people recalled feeling as if they had been treated unfairly by a police officer within the last 30 days.

Charlotte Airport Admits To Conducting Warrantless Vehicle Searches :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: October 15, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?”

A spokesperson for the Charlotte Douglas International Airport has revealed that workers at the airport frequently search cars that travelers leave at valet parking. The revelation came as similar reports have surfaced at other airports across the country, with many people expressing outrage at the warrantless invasions of privacy.

Airport Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpg According to the aviation director at Charlotte Douglas, any vehicle that is dropped off at the airport’s curbside is subject to being searched. The airport admitted this is something it has been doing for the past year-and-a-half. The airport says that this is part of the facility’s security plan and has been approved of by the Transportation Security Administration (TSA). Airport officials admit that no signs are currently posted alerting passengers to the possibility that their cars may be searched, but say that are now planning on installing such signs.

Security experts say they searches are justified because of how close valeted cars are to the airports themselves. These people claim that because valeted cars are considered dangerously close to the airport that they ought to be searched for potentially deadly devices including bombs that could put other travelers in danger.

The problem with this rationale is that these searches may be a violation of individuals’ Fourth Amendment rights. Not only is the car’s interior being searched, but valets are being told to go through the trunks of the unattended cars as well. Even more alarming is that if a valet attendant finds something illegal but not dangerous, like drugs, the attendant is under orders to alert the police.

Mom In North Carolina Facing Hate Crime Charges After Attacking Gay Son :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: September 17, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What is an expungement?”

In a tragic case out of rural North Carolina, a woman from Whiteville is now facing possible hate crime charges after attacking one of her sons for being gay. According to police, the already horrific crime is even more heartbreaking given that the woman also ordered her other son to participate in the attack.

Police in Whiteville, NC say that received a call over the weekend about a domestic dispute in Mary Gowans’ home. When they arrived they found a chaotic scene with multiple people screaming. Police say that Gowans had forced her 15-year-old son to strip down to his underwear when she then attacked him with a belt, causing severe injuries and large lacerations across his body. Gowans then ordered her 12-year-old son to take over and continue beating the older boy due to his sexual orientation.

When police arrived and separated the family members, the older boy told officers that his mother had attacked him after finding out that her son was gay. Gowans denies the account, claiming that her son was molested by an older gay man and that she was merely punishing him for leaving the house. Police say no charges have been filed against anyone in connection to the alleged molestation. For her part, Gowans has been charged with misdemeanor child abuse and social workers have also gotten involved. Prosecutors say they are currently debating charging the woman with a hate crime.

CMPD Announces Major Surveillance Expansion

Published on: December 17, 2012 | On behalf of Arnold & Smith, PLLC

In a somewhat frightening attempt to create a comprehensive surveillance network across the county, Charlotte-Mecklenburg police have said that they want access to private businesses’ security cameras which would allow them to actively monitor the happenings at malls, gas stations and banks.

Though the CMPD has not yet said how many cameras this will mean in total, the move represents a major change for the department and a huge expansion in the scope of its surveillance capabilities. CMPD only started using cameras 12 years ago and the latest move would dramatically increase the number of locations under watch by the police department. Police currently have access to about 650 cameras. Though that seems like a lot, the department points out that Chicago, which is four times bigger than Charlotte, has access to 10,000 cameras.
Surveillance Camera.jpg
Already, the police have access to some private cameras in the Charlotte area. These include the Time Warner Cable Arena, the Bank of America stadium as well as all the major bank buildings. By expanding the reach of their camera system, the police believe this will allow them catch many more criminals and prevent crime from taking place.

However, the police fail to acknowledge any of the downsides, including that the cameras could collect more images of people who have done nothing wrong. Moreover, this video of innocent people will then be stored on police servers for weeks or months in the future, providing a database for the department to should they have an interest.

Police Groups Lobby Cell Phone Carriers to Hang on to Text Messages

Published on: December 11, 2012 | On behalf of Arnold & Smith, PLLC

The major cell phone providers, including AT&T, Verizon and Sprint, may be required to keep information about their customers’ text messages for at least two years according to a proposal that various law enforcement agencies submitted to Congress.

A group of different police organizations asked legislators to require wireless companies to retain information, warning that a lack of federal requirements leaves a major hole in the ability of law enforcement agencies to launch proper investigations. The move was designed to include text message retention in an upcoming overhaul of the 1986 Electronic Communications Privacy Act, a privacy law meant to reflect the new realities of the modern technological era. Cell Phone.jpg

As text message usage has exploded recently so have the instances of their use in criminal investigations. They have been used as evidence in robberies, drug dealing and financial fraud cases. One great example occurred in 2009 when SkyTel turned over a whopping 626,638 text messages in Michigan.

ACLU Attacks Justice Department for Keeping Innocent North Carolinians in Prison

Published on: October 30, 2012 | On behalf of Arnold & Smith, PLLC

The ACLU recently launched an attack against the Justice Department for continuing to keep innocent people locked up in jail. The civil rights organization said the government has continued keeping some people in prison despite knowing that they have not committed any federal crime.

An investigation conducted by USA Today earlier this year revealed that there were some 60 people behind bars on gun charges despite rulings from lower courts saying they never committed a federal crime. Post #1 criminal image 11-7-12.jpg The Justice Department originally argued the people should remain in federal prison regardless, but has since changed its mind.

The issue that led to the trouble is that federal law bans people from having a gun if they have previously been convicted of a crime that could have put them in prison for more than a year. In North Carolina, however, state law sets the maximum punishment for a crime based on the prior record of whoever committed it, meaning two people who committed the same crime could face vastly different maximum sentences.

For years, federal courts there said that this difference did not matter. If someone with a long record could have gone to prison for more than a year, then all who had committed that crime are felons and cannot legally have a gun, the courts said. But last year, the Fourth Circuit Court of Appeals said judges were wrong, instead they ruled that only those people who could have faced more than a year in prison for their crimes qualify as felons. The decision meant that thousands of low-level criminals never broke federal law by possessing a gun.

Since the investigation, federal judges in North Carolina ordered the government to release at least 22 inmates. This was one of the largest incidents of overturning federal convictions in recent memory. Reports indicate that at least 10 other former prisoners were freed from supervised release, and dozens of other federal inmates from North Carolina remain waiting for a judge to decide whether their convictions must also be overturned.

Despite what seems like good news for the inmates who have been awaiting their release, a recent letter from the ACLU of North Carolina reveals that U.S. Attorneys’ offices continue to stall the process, causing delays in the release of deserving prisoners. Defense attorneys have raised 17 cases claiming that their clients are innocent but the government prosecutors continue to fight all but five of the cases.

The problem with this behavior is that it leads to the continued incarceration of innocent people. Prosecutorial inaction can be as damaging as prosecutorial misconduct, as this instance demonstrates. Even though the government could have easily notified the inmates whose convictions ought to be overturned, they never did so. As a result, the burden of identifying those who have been wrongly incarcerated has fallen on defense attorneys.

Gay Couple From Charlotte Attacked in Asheville and Want Hate Crime Prosecution

Published on: October 13, 2012 | On behalf of Arnold & Smith, PLLC

A gay couple from Charlotte, North Carolina claims they were victims of a brutal hate crime that left them bruised and bloodied. Mark Little and his partner Dustin Martin were vacationing in Asheville, NC when they say they were attacked by a group of three strangers, two women and one man.

The group got out of a passing car and followed the gay couple who were walking back to their hotel. The incident, which took place in late September, quickly became tense as the group began hurling homophobic slurs at the men, before the man in the group eventually physically assaulted them.

Post #3 criminal image.jpg News stations in Asheville have reported that police in the area are still investigating the assault and that no arrests have been made as of yet. If the suspects are apprehended, they could be charged with simple assault because under North Carolina law, sexual orientation is not a protected class according to the state’s hate crime law.

The two men who were attacked think this is an injustice given that they feel their attack was more than just an assault, but motivated solely based on the fact that they were gay. However, as was previously mentioned, North Carolina law does not include sexual orientation as a basis for a hate crime prosecution. Instead, North Carolina General Statutes Chapter 99D-1 says that a hate crime prosecution can occur when two or more individuals “conspire to interfere with the exercise or enjoyment by any other person or persons of a right secured by the Constitutions of the United States or North Carolina.” For this to be a hate crime, the individuals must be motivated by “race, religion, ethnicity, or gender.” Sexual orientation is not listed as a basis for prosecution.

North Carolina’s Racial Justice Act Poised for Repeal

Published on: June 20, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent article by WRAL, the North Carolina Racial Justice Act appears to be headed for repeal. SB 416, known as “An Act to Amend Death Penalty Procedures,” was passed by the North Carolina House of Representatives last week by a vote of 73-47, a veto-proof majority. More recently this bill was passed by a 30-18 vote in the state Senate. Now it is being presented to Gov. Beverly Perdue. This bill would significantly alter the Racial Justice Act as it appears today.

The Racial Justice Act, an important piece of legislation enacted in 2009, allows North Carolina death row inmates to reduce their sentences to life in prison without parole in certain circumstances. Post #1 criminal image 6.19.jpg Inmates must show that race played a substantive factor in “decisions to seek or impose the sentence of death in the county, the prosecutorial district, the judicial division, or the State at the time the death sentence was sought or imposed.” The law is controversial because it permits an inmate to challenge his or her sentence based on widespread racial bias instead of having to prove that there was discrimination in his or her particular case.

SB 416 will try and change all that. By limiting the use of statistics in proving widespread discrimination, the new bill aims to dramatically scale back the reach of the Racial Justice Act. The bill would allow inmates to present statistics only for the county or judicial district where the crime was committed, rather than statewide. Statistics will also be limited to a period of 10 years before the crime and two years after sentencing. Finally, statistics will not be enough to prove racial bias, defendants will have to show other evidence.

“This bill guts the NC Racial Justice Act, plain and simple,” Scott Bass, director of Murder Victims’ Families for Reconciliation, said in a statement. “This bill is an attempt to sweep that evidence under the rug by allowing the state to ignore mountains of statistics pointing to the pervasive and disturbing role that race plays in jury selection and sentencing,” said Sarah Preston of the ACLU of North Carolina. “We cannot turn our backs on such evidence, as this bill seeks to do.”