Murder/Homicide

Military Officials Release Name of Soldier Accused of Massacring Civilians in Afghanistan

Published on: March 27, 2012 | On behalf of Arnold & Smith, PLLC

After weeks of no comment from the Pentagon, military officials finally released the name of the man who is accused of slaughtering innocent civilians in Afghanistan. The soldier’s name is Sgt. Robert Bales. He is currently in custody at a federal military prison in Ft. Leavenworth, Kansas; however, he has yet to be brought up on any criminal charges.

Bales is accused of abandoning his base in the Kandahar province in Afghanistan and going into a nearby village where he opened fire on the residents, killing 16 civilians, most of whom were women and children. Post #1 criminal image 4.8.12.png After the incident, the relationship between the United States and Afghanistan suffered even more. Many of the Afghani officials wanted Bales to be tried in Afghanistan, but since Bales allegedly surrendered immediately after the incident, the United States quickly transported him off of the battlefield and his wife and two children were moved onto the local military base closest to their home for their protection.

Bales’s attorney, John Henry Browne, is already hard at work laying the groundwork for his client’s defense once criminal charges are brought against him. Browne says that Bales had no desire to go to Afghanistan in December when he was deployed there. He had already severed three separate tours in Iraq and as a result of injuries and what he had experienced there, Bales suffered from post-traumatic stress disorder. In fact, on the day that he allegedly embarked on his killing spree, Bales witnessed a fellow soldier have his leg blown off during an explosion. In addition to this, there are reports that suggest alcohol may have been a contributing factor.

Convicted and Released North Carolina Man Could Face New Murder Charge

Published on: February 16, 2012 | On behalf of Arnold & Smith, PLLC

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. Post #2 criminal image. 2.16.12.jpg 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.

Charlotte Restaurant Killing Sparks Questions over Background Checks

Published on: January 31, 2012 | On behalf of Arnold & Smith, PLLC

Post #1 criminal image 1.31.12.jpg 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.

Charlotte, NC Crime Rate Drops

Published on: January 24, 2012 | On behalf of Arnold & Smith, PLLC

Post #1 criminal image 1.24.12.png 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.”

North Carolina Pregnant Woman’s Accused Killer Apprehended

Published on: January 18, 2012 | On behalf of Arnold & Smith, PLLC

Post #1 criminal .17.12.jpg 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.”

Charlotte Murder-Suicide Prompts Investigation

Published on: December 27, 2011 | On behalf of Arnold & Smith, PLLC

Post #1 criminal image.png According to a recent report by WCNC, Charlotte-Mecklenburg police are investigating a murder-suicide that happened earlier in the month. Police were called to the home of 32-year-old Stephanie Ott to assist the fire department with a forced entry into the home. When the policemen and firefighters successfully entered to the home, they found Ott dead. They also found that the floors and the furniture had been soaked in gasoline. The fire department was called initially because a pile of debris and an abandoned car were burning on the side of the house.

Following the discovery of Ott’s body, the police canvassed the neighborhood trying to determine what happened and attempting to find the suspect. In a neighbor’s shed, they found the owner of the house that Ott lived in, 52-year-old Robert Stover. He had barricaded himself inside and a few moments after being confronted by police, Stover committed suicide inside of the shed.

The initial investigation of the crime revealed that Ott and Stover had been having problems. They were roommates and neighbors told police that Stover had been trying to get Ott to leave his home, but he had been unsuccessful. Ott had only been living with Stover for a few months prior to her death, but from the time she moved in there were problems. The neighbor across the street, Oscard Villegas said, “Every time they argue they bring it outside. . . . Even when they’re inside they scream at the top of their lungs.”

Neighbors spoke highly of Stover, saying that he was a good neighbor, considerate, and willing to help when needed. Daniel Koontz, a student at UNCC who lived next door said that Stover brought him a basket of tomatoes when he first moved into the neighborhood. Villegas told WCNC that Stover would give him and his father rides the store when their car was broken down. However, not everything was as nice at it seemed.

Man Found Guilty in Death of UNC Student

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

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.”

Governor Perdue Exercises Veto Power on North Carolina Death Row Bill

Published on: December 20, 2011 | On behalf of Arnold & Smith, PLLC

According to the Charlotte Observer, Republican lawmakers recently introduced a bill in the North Carolina legislature that would have brought an end to a two-year death penalty law.

The current state of the North Carolina death penalty jurisprudence allows death row inmates to use racial statistics to demonstrate that there was racial bias in their death sentences. The new law proposed by Republican lawmakers would have prevented death row inmates from utilizing these racial statistics, but Governor Perdue vetoed that bill.

It is unlikely that this veto will be overridden. The Republicans need five Democrats to come to their aide to override the veto and garnering that support is likely impossible. Governor Perdue’s veto keeps the Racial Justice Act effective as North Carolina law, which permits the introduction of statistics to bolster an inmate’s claim that his or her death sentence was racially biased. It began with a Michigan study that shows that the killers of white victims are more than two times more likely to receive a death sentence than the killers of black victims.

The Michigan study was informed by the Baldus study, a famous study that was used as evidence in McClesky v. Kemp, 481 U.S. 279 (1987).

In that case, the defendant attempted to use racial statistics as evidence that the death penalty was racially biased. However, the Supreme Court disagreed with the defendant’s argument and said that discriminatory impact of the death penalty is not the same as discriminatory intent and intent is what is admissible as evidence. North Carolina’s death penalty law provides more protection than the Supreme Court’s federal law, which is permissible under the United States Constitution. Constitutional law provides the floor, not the ceiling, for protection of individual liberties.

Governor Perdue’s exercise of her veto power is probably going to cost her as she defends office next election. While she stressed that she remains in favor of the death penalty, she also noted that it is “important to ensure prosecutions and sentences are not tainted by racial prejudice.” Governor Perdue’s tough-on-crime stance took a hit when she vetoed this bill and she is going to have to do a lot of work to make sure that combats the criticism she will surely face as a result of her decision.

Dealing with the death penalty comes at the end of a long and arduous trial process. After two separate trials to first determine guilt and then determine the implementation of the death penalty, then comes the mandatory appellate process that can drag on for several more years.

Michael Jackson’s Doctor Found Guilty of Involuntary Manslaughter

Published on: November 4, 2011 | On behalf of Arnold & Smith, PLLC

Michael Jackson.bmp After a two-year legal battle and nine hours of jury deliberation, Doctor Conrad Murray was found guilty of involuntary manslaughter in the death of pop star, Michael Jackson, at the downtown Los Angeles County Courthouse. Murray served as Jackson’s personal physician as he vigorously prepared for his comeback concert. During this time, Jackson was known to have had trouble sleeping and according to his testimony to remedy this Murray was administering the surgical anesthetic propofol every night for at least two months. The Los Angeles County coroner confirmed that Jackson’s death was caused by “acute propofol intoxication” in combination with two other sedatives.

The trial lasted for 23 days and there were 49 witnesses who included Murray’s girlfriends and patients, Jackson’s former employees, investigators and medical experts for each side. The jurors were left to determine if Jackson had given the deadly dose of propofol to himself or if it was administered by Dr. Murray in an intravenous drip. Prosecutors said that Murray was willing to give the dangerous drug, propofol, in return for $150,000 monthly paycheck.

The spokesman on behalf of the Jackson estate and family called this a “victory” and said “justice was served.” The judge made it clear that this crime was being taken very seriously. When Murray’s lawyers asked to allow Murray to be free while awaiting sentencing hearing, Judge Pastor said “public safety demands that he be remanded.” He went on further to say, “This is a crime where the end result was the death of a human being….this demonstrates rather dramatically that public should be protected.”

Even with all of the coverage, you may still be wondering what involuntary manslaughter means, and what someone does to be guilty of such a crime. In North Carolina, involuntary manslaughter could occur in two different ways. First, it could involve committing an act that results in someone’s death, but the person responsible did not act with the intent to kill. In essence, someone is negligent and that negligence results in someone’s death. This is the theory that Dr. Murray was convicted under. Second, it can result from what is called the “misdemeanor manslaughter” rule. This rule applies when a defendant commits a misdemeanor that results in another person’s death. For example, if the defendant sets fire to brush or grasslands, which is a misdemeanor, and that fire results in someone’s death, that death would be considered involuntary manslaughter because it was caused by the commission of a misdemeanor.

In North Carolina, involuntary manslaughter is a class F felony which could result in up to 49 months, or just over 4 years in prison. This is almost exactly what Dr. Murray will face at his sentencing hearing on November 29, 2011, where he faces up to 4 years in prison.

Man Convicted of Murdering Two Charlotte Officers Last Year Appeals

Published on: September 28, 2011 | On behalf of Arnold & Smith, PLLC

court of appeal.jpg Citing sixteen separate reasons for his case to be overturned, attorneys for Demeatrius Montgomery have filed an appeal almost one year after he was convicted for killing two CMPD officers at the Timber Ridge Apartments in 2007. In an interview with Charlotte News Channel 14 on September 27, 2011, Charlotte criminal defense attorney Brad Smith cites the fact that Mr. Montgomery barely spoke to his attorneys during the three and a half years his case was pending as evidence that he may not have consented to those attorneys representation of him in his trial. According to Mr. Smith this could be grounds for appeal.

At 11:30 p.m. on March 31, 2007, Charlotte Police Officers Sean Clark and Jeff Shelton responded to a disturbance at the Timber Ridge Apartments. After resolving the disturbance, the officers were headed back to their cars when they struck up a conversation with a man, who had nothing to do with the prior disturbance. Once the officers began walking away, that man, later identified as Mr. Montgomery, opened fire on the officers shooting both in the back. Both officers died of their injuries the next day.

The trial itself was not without issues. First was the fact that even though prosecutors initially wanted to seek the death penalty, once it was shown that an investigator on the case destroyed his own notes and plagiarized those of other officers, the judge ruled that he would not allow the death penalty to be a possible sentence if Mr. Montgomery were convicted. Next, none of the prosecution’s seventy witnesses ever saw Mr. Montgomery pull the trigger, and there was no physical evidence linking him to the murder weapon. The prosecution’s case primarily rested on testimony that Mr. Montgomery was in the area and had a history of violence towards police. Last was Mr. Montgomery’s failure to participate in both building a defense with his own attorneys as well as participating in the trial.

Now, based on those issues, Mr. Montgomery’s attorneys have appealed stating that testimony that was admitted at trial was either not credible or inappropriate as well as alleging that Mr. Montgomery was incompetent to stand trial. This appeal will likely take months or years to resolve, and, according to Charlotte criminal defense attorney Brad Smith, could even result in oral arguments before the North Carolina Court of Appeals.