Charlotte Criminal Lawyer Blog
Attorney J. Bradley Smith answering the question: “Do I need to hire an attorney if I have been falsely accused?”
In a terribly bizarre case with North Carolina connections, a Baptist minister from Virginia has been sentenced to two year in prison for staging a fake hate crime attack on his own home. The case of Oleander Cuthrell, 41, shocked many in his rural Chesterfield County community who had initially rallied behind the man following his phony attack.
Authorities say that Cuthrell, minister of music at Gospel Shepherd Baptist Church, poured oil and gasoline across his rental home and set it on fire to avoid pressing financial obligations. At his sentencing, Cuthrell spoke out saying he was ashamed and embarrassed about his behavior, claiming that it was the most irrational decision of his life.
According to prosecutors, Cuthrell, who is black, spray-painted racial slurs across his rental home to distract police attention from focusing on him as a suspect in the house fire. Cuthrell also set fire to a bottle filled with gasoline inside a BMW parked in front of his house, an attempt to create more evidence that he’d been the innocent victim in a brutal, racially motivated attack. After setting the fires and covering the house in racist scribbles, Cuthrell then went back in the home and climbed into bed, waiting for the house to burn.
Thankfully Cuthrell’s oldest son noticed the fire and was able to put out most of the flames in time for the rest of the family to evacuate. Police and FBI officials investigated the case after Cuthrell reported the fire as a possible hate crime, telling police officers that he had been targeted because of his race. The police investigation quickly revealed holes in Cuthrell’s story and he was arrested soon thereafter.
The arrest took place this past weekend when 29-year-old Danny Hemby was arrested by officers with the NCWRC. Officials say that they have filed eight criminal charges against Hemby, including two counts of selling a reptile on the federal endangered species list; two counts of owning and using venomous reptiles; possession of a reptile of special concern; sale of a reptile of special concern; unlawful possession of a reptile without a permit and finally, commercial taking certain reptiles.
Police say that Pace forced his way in the museum through an exterior door. A fire alarm was then activated inside the Nature Research Center shortly after 3:30 in the morning. Security camera footage shows Pace, wearing a white jacket and dark clothing, using a nearby fire extinguisher to bust down the door to the museum.
According to authorities, Bader was at her home late Monday night when her roommate and his brother were in the living room, drinking and watching a loop of classic rock songs by the Eagles on the television. Bader apparently grew weary of hearing “Hotel California” blasted over and over again and told the two men to turn off the music.
Prior to passage of the law, students were only allowed to have an attorney informally advise them. Lawyers were generally barred from presenting evidence during the hearings, cross-examining witnesses or in any way representing the student during the disciplinary actions.
Experts say that detectives have begun cracking cases thanks to the technology that links mug shots with pictures pulled off of various social networking websites. Beyond just social networking sites, the facial recognition unit also combs pictures collected from a vast network of surveillance cameras.
The Stand Your Ground law in Florida became a critical component of the recent trial of George Zimmerman who shot and killed Trayvon Martin in February of 2012. Zimmerman was charged with second-degree murder in the death of the teen, but argued that he acted in self-defense and should be exempt from prosecution under the state’s Stand Your Ground law. Since his acquittal, many have wondered whether similar arguments could be made if the incident had happened in North Carolina rather than Florida. Though the two states’ laws are not identical, they are very close and the result may have turned out much the same.
The state Supreme Court issued a ruling on the matter this week and found that such lab tests can stand on their own if cited by an expert witness offering an independent opinion. Other have argued that this conclusion is incorrect and that a lab test should face the same amount of scrutiny that a person would face and that means the analyst who conducted the test should be required to testify at trial.
Federal prosecutors say the leader of the fake prescription ring, Joshua Balkind, is already in prison serving a 20-year term. The other two participants were sentenced to 70 months in prison this Wednesday. Officials say the scheme worked by having Balkind make fake prescriptions using software on his home computer. He would then give the fake oxycodone prescriptions to drug addicts like Rhodes and DeYoung and essentially split the take, giving the addicts several pills and taking the rest to sell on the streets at a steep markup.
The case, Peugh v. United States, concerned a man who committed bank fraud back in the late 1990s. It took a long time for his case to be tried and for a sentence to be handed down, more than 11 years in fact. By 2010, a new round of sentencing guidelines had been issued which contained a suggested sentencing range of between 70 and 87 months for Peugh’s crime. The issue was that at the time the crimes were perpetrated, the sentencing range was dramatically more lenient, only 30 to 37 months. The judge who heard the case ultimately chose a 70-month sentence, something that many believed was clearly influenced by the new guidelines.