Criminal Defense

Tainted Charlotte Officer Hit with New Allegations

Published on: January 6, 2012 | On behalf of Arnold & Smith, PLLC

Post #2 criminal image 1.6.12.png 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.

North Carolina Gang Leader Indicted

Published on: November 18, 2011 | On behalf of Arnold & Smith, PLLC

Gang Sign.bmp According to a recent report by WXII12.com, the leader of the Almighty Latin Kings and Queens Nation, Jorge Cornell, has been indicted on federal racketeering charges. Cornell has been in the public eye since he decided to run for Greensboro City Council twice and lost on both attempts. The indictment was handed down at the end of November, but for the safety of witnesses and victims as well as preservation of the prosecution’s case, the indictment was placed under seal.

On Tuesday, December 6, 2011, a federal judge unsealed the indictment and a warrant was issued for Cornell’s arrest. Cornell and several others have been charged with conspiracy to commit several murders, as well as assaults, kidnappings, robberies, and arsons. Specifically, the indictment charges that Cornell ordered other Latin Kings and Queens Nation members to use machetes on members of the group who defied Cornell’s orders.

The indictment also charges that Cornell “orchestrated a public relations campaign” that masked the criminal tendencies of the Almighty Latin Kings and Queens Nation. Specifically, Cornell is said to have described the gang as a public service organization rather than calling it what is really is, a violent criminal gang. If convicted, Cornell and his compatriots all face possible life sentences in federal prison.

Cornell is charged with racketeering under the federal Racketeer Influenced and Corrupt Organization (RICO) Act, under Title 18 of the United States Code. 18 U.S.C. § 1961(1) defines “racketeering activity” as “any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene material, or dealing in a controlled substance or listed chemical…”

Racketeering is essentially a pattern of illegal activity performed by an organization, which is designed to perpetuate that criminal organization. The federal government has used RICO to target violent street gangs as a collective rather than having to settle for going after individual members. Given the gangs’ culture of silence, bringing down the entire organization by targeting individuals was difficult. Members of many gangs are reluctant to reveal information about the inner workings of their organization for fear of retaliation.

Racial Justice Act May Delay Mecklenburg County Death Penalty Cases

Published on: September 23, 2011 | On behalf of Arnold & Smith, PLLC

death penalty pic.bmp In a recent interview with WSOC channel 9 news interview, Charlotte criminal defense attorney, J. Bradley “Brad” Smith, was asked to comment on the Racial Justice Act and how it is impacting the death penalty cases that are set to be heard next year in Mecklenburg County. According to the Mecklenburg County DA, the courts will try three death penalty cases in 2012.

Signed into law in 2009, The Racial Justice Act allows death row inmates to challenge their conviction on the basis of race. This may very well delay the process and court proceeding for Mecklenburg County cases. Of the 158 inmates currently on death row, 152 have filed racial justice claims. Prosecutors believe this is an overuse of the law; however, from the defendant’s perspective, attorney Brad Smith says, “when you’re sitting on death row you’re pretty much gonna use anything and everything at your disposal in which to challenge your conviction and not get the death penalty.”

The death penalty matter has once again grabbed headlines with the recent events in Georgia with Troy Davis. On Wednesday, September 21, 2011, at 11:08 p.m., Troy Davis was executed for the murder of Savannah police officer Mark MacPhail. In the weeks prior to Mr. Davis’ execution, he and his supporters sparked yet another national debate over the death penalty, the possibility of an innocent man being executed for a crime he did not commit, and the issue of race in death penalty sentencing.

On August 18, 1989, Officer MacPhail was working off-duty as a security guard at a Burger King. At around 1:00 a.m. there was a disturbance in the parking lot when a group of men, including Mr. Davis, was accosting a homeless man over some beer. While responding to the disturbance, Officer MacPhail was shot twice, once in the heart and once in the head. On August 23, 1989, Mr. Davis turned himself in knowing he was a wanted man in the murder of Officer MacPhail. Just over two years later, Mr. Davis was convicted of murder and sentenced to death.

The case against Mr. Davis was one lacking in physical evidence. No murder weapon was ever found, and though a ballistics expert testified the same gun may have shot Officer MacPhail and wounded another man that same night, although he did have doubts about this. Witnesses also testified either that they observed Mr. Davis shoot Officer MacPhail, or that Mr. Davis confessed that he shot Officer MacPhail.

‘Moorish Nation’ Defense Clogging Up Mecklenburg County Courts

Published on: July 26, 2011 | On behalf of Arnold & Smith, PLLC

Meck County Courthouse.bmp Mecklenburg County defendants’ use of the “Moorish Nation” defense is interfering with District Attorney Andrew Murray’s new policy of taking more cases to trial. By invoking this “defense,” defendants force assistant district attorneys to deal with frivolous motions that delay the case. However, the real losers with this defense are those who try to use it, who, according to Charlotte criminal defense attorney Brad Smith, is one in which people are duped into believing it will work. Even the Moorish Nation’s national chapter has denounced the defense stating that their organization “is for peace and not destruction” and its members are “part and parcel of this government.”

The details of this strategy vary throughout the nation, but the underlying theory is that a defendant is of Moorish decent, and is not subject to the laws of the United States. According to the Mecklenburg County version, the defendant takes on a new name, and declares that he cannot be prosecuted for any crimes which occurred under his prior name. Another version which defendant Frederick R. James attempted in federal court submitted a “security agreement” for the use of his name which declared that anyone who used his name would have to pay him the sum of $500,000. He refused to submit to the Court’s authority without the judge, the prosecutor, and all court personnel submitting to this agreement. And at the end of trial, he submitted a bill to the judge for $151 million for the use of his name throughout the court proceedings.
While the fact that these defendants are attempting to circumvent the justice system by invoking a centuries old treaty may seem laughable, there are serious consequences to this theory. People have paid good money for this so called “advice” and have subsequently refused representation and proceeded on their own behalf believing that this defense will save them. Unfortunately, as many defendants have found out after-the-fact, this defense is nothing more than a scam and there are no reported cases of this theory succeeding at any level of the justice system.