Charlotte Criminal Lawyer Blog

DNC Brings Crowds But Few Arrests

Published on: September 8, 2012 | On behalf of Arnold & Smith, PLLC

According to a report out of WBTV, the recently released After-Action Report by the Charlotte-Mecklenburg Police revealed a relatively sedate Democratic National Convention (DNC) took place this year in Charlotte; certainly calmer than authorities had feared.

Charlotte Police consider their presence during the Convention a success, pointing out that there were no major incidents in Center City or any of the other 12 patrol divisions in the department. Post #1 criminal image 9-6.jpg

This doesn’t mean the festivities went off without a hitch, as there were several demonstrations in the city throughout the week. These gathering did cause a few disruptions of both pedestrians and traffic, but nothing major was reported. Given the huge crowds that descended upon Charlotte for the week, the scant 25 arrests made during the week of the DNC were much less than some feared.

Charlotte police officials have announced that all but one of those arrested lives outside the Charlotte area. Their After-Action Report broke down the arrest incidents, including the number and cause of each. They included:

• 16 arrests for impeding traffic
• 3 arrests for disorderly conduct
• 2 arrests for failure to disperse
• 1 arrest for breaching a police line
• 1 arrest for dispersal of noxious substance
• 1 arrest for carrying a concealed weapon
• 1 arrest for damage to property
The police report credits the overall success of the Convention to the department’s cooperation with the Secret Service as well as a host of other regional emergency operations departments.

Fourth Incident This Year of Charlotte Teens Killing Teens

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

Recent tragic news reports revealed that a 13-year-old boy from Charlotte, NC was shot to death on a west Charlotte street earlier this week. Charlotte-Mecklenburg police say they have arrested the 16-year-old they believe is responsible for the killing.

Even more tragically, this is the fourth such shooting death of a teen in Charlotte this year, three in the past five weeks alone. Two teens were shot to death last month, though no arrests have been announced in those cases. Post #2 criminal image 8.30.jpg Hawa Gabiddon, 17, was found shot to death in July in a north Charlotte park. Authorities later said she was pregnant. A week later, 18-year-old Kevin Washington was shot and killed after a party in northeast Charlotte.

In the most recent incident, the shooter, Damien Wright, has yet to reveal what led to the shooting. Despite that, police say they have reason to believe the shooting was not random. Wright is a rising freshman at West Charlotte High and will now face life-changing criminal charges as a result of the shooting.

Police say that a young man waived down a passing driver around 1 a.m. at the corner of Tuckaseegee Road and Parkway Avenue, saying that someone had been shot. The driven then called the police who found a victim on the ground. The victim was taken by ambulance to Carolinas Medical Center but it was too late and he died in the process.

Despite being so young, Wright has already been arrested three times. Wright was first arrested in January on misdemeanor drug charges. In April, the boy was charged with misdemeanor possession of a firearm by a minor and only one day later he was again arrested for possession of a firearm with the serial number removed.

North Carolina, along with New York, is one of two states that will automatically prosecute all 16 and 17-year-olds in the adult court system, without regard to the type of crime the teen is charged with. There is currently a bill before the North Carolina legislature seeking to change the law so no one under 18 could be prosecuted as an adult for nonviolent misdemeanors.

Drive Sober North Carolina Campaign In Force Over Labor Day Weekend

Published on: August 29, 2012 | On behalf of Arnold & Smith, PLLC

The North Carolina Highway Patrol and the National Highway Traffic Safety Administration have come together to announce the start of another “Booze It & Lose It” campaign. The enforcement crackdown on drunk drivers began on August 17, 2012 and runs through the upcoming Labor Day weekend. The campaign will be enforced throughout the state of North Carolina over the busy holiday weekend.

Law enforcement officials say that substance-impaired driving contributes to nearly 30 percent of all North Carolina traffic fatalities and they aim to lower that number during this period of heavy enforcement. Numbers show that there were 10,228 alcohol-related fatalities across the country in 2010, the equivalent of one death every 51 minutes. Post #1 criminal image 8.28.jpg During the same time period, more than two-thirds of drunk driving deaths (7,145 or 70 percent) involved drivers with a blood alcohol concentration (BAC) of .15 or higher. Overall, the most frequently recorded BAC among drunk drivers involved in fatal crashes was .18 BAC.

The NHTSA has released a series of tips for those on North Carolina roadways over the weekend. Those out driving around should make sure to wear their seat belt as this will help reduce the chance of a deadly accident should you encounter a drunk driver. It’s also important to be smart when out driving around. Twice as many alcohol-related crashes occur over the weekend than during the week and four times as many happen at night.

To avoid potentially injuring someone by driving drunk, make sure to plan ahead. Designate a sober driver before going out and give that person your keys. Otherwise take a taxi or use mass transit. If it’s too late for that, you can consider spending the night rather than getting behind the wheel.

If you aren’t smart in avoiding drunk driving, the problems can multiply. Not only can drunk drivers be charged criminally for their actions, but they also open themselves up to potentially expensive civil actions for the damages they inflict on others. The cost of one bad decision can haunt you for a long time to come.

North Carolina Crime Lab Falls Further Behind

Published on: August 25, 2012 | On behalf of Arnold & Smith, PLLC

According to an article in the Charlotte Observer, the problems at North Carolina’s State Crime Laboratory are growing worse, something that has prosecutors and defendants alike waiting for results and worrying about the future.

The lab director, Joseph R. John Sr., says that an increase in evidence submitted for testing has magnified problems caused by the already tight budget and is responsible for the long wait times common these days. The lab’s budget is only $13.3 million, down from $13.6 million. Money is tight and the numbers are down. Since 2009-10, the crime lab staff has dropped to 124 from 130. Post #2 criminal image 8.25.12.jpg Shockingly, there are only 12 toxicologists for the entire state, compared with some 20,000 law enforcement officers.

The strain is being felt in terms of active cases that have been held up by the delayed analysis. Driving-while-impaired cases are frequently being continued while prosecutors wait for test results. Just this month, prosecutors in Haywood County dismissed a DWI case against a man with two prior convictions. Prosecutors say they waited six months for the test results and another eight trying to get the former analyst who performed the test to testify in court. Apparently the analyst who did the testing quit at some point after performing the test and would not accept subpoenas sent via certified mail. Without the analyst, prosecutors could not use the results of the blood test and the case was dropped.

Though it may seem hard to believe given the enormous workload waiting on them back the office, many lab workers find themselves increasingly pulled away to testify at trials. The reason is because of a 2009 Supreme Court ruling that required the person doing the blood testing to take the stand if the defense objects to the admission of the test results. The number of court hours, including travel, for forensic toxicologists in Raleigh grew from just less than 700 hours in 2009 to more than 2,400 hours in 2010.

John said the North Carolina General Assembly has authorized a study looking at expanding the Asheville crime lab and he has pressed that the group be given more money to adequately perform its critical function.

The problem is a big one as defendants have a constitutional right to a speedy trial and if an accused person cannot afford to post bail, long delays in processing evidence lead to a protracted period waiting in jail for a trial. Defendants whose rights are compromised by a long wait to process evidence may even feel compelled to plea bargain and accept responsibility for crimes they did not commit, just to hurry the process along and get out of jail sooner.

Charlotte Police Catch One Monitor-Removing Fugitive, Another Remains on the Loose

Published on: August 23, 2012 | On behalf of Arnold & Smith, PLLC

According to an article on WCNC.com, fifty-one year-old Keith Allen Murray was arrested Thursday morning on University City Boulevard after he removed his electronic monitoring bracelet over the weekend. He was found by police while they were searching for Eric Dwayne Jones, another fugitive that had removed his electronic monitoring device.

Until Sunday, Murray had been wearing the monitor since he was released from jail on April 12, 2012 when he posted bond. He had been arrested on charges of larceny and breaking and entering. Since his April 12, 2012 release date, Murray was arrested two additional times, including one of those times for assault charges. Post #1 criminal image 8.23.12.jpg He is currently being held in a Mecklenburg County jail.

Charlotte-Mecklenburg Police have said they are still looking for Eric Dwayne Jones, 28. According to police, Jones removed his electronic ankle monitor by cutting it off one evening in the middle of last week.

Jones was last seen near the intersection of Freedom Drive and Toddville Road. He was released on a $50,000 bond on May 1, 2012 and had been wearing the monitor since that time. Jones was arrested in the first place thanks to armed robbery-related charges, including three counts of robbery with a dangerous weapon. CMPD records show that Jones has 22 Mecklenburg County arrests in his past, including nine arrests within the past three years.

Charlotte Police Ready For Possible Massive Arrests During DNC

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

Charlotte-Mecklenburg police officials have said that they will be boosting their jail staff by upwards of 30% and have double or triple the number of magistrates on duty in preparation for a possible huge increase in the number of arrests during the Democratic National Convention.

Local officials have said that as many as 10,000 protesters are expected to arrive in Charlotte if past conventions are a guide. A major protest march currently planned for September 2nd could be the largest in Charlotte’s history. The major march will not be the only event that authorities have to contend with as many other smaller marches and rallies are already planned throughout the week of the convention. As a result, the police have announced a heavy police presence throughout downtown and along protest routes.
Another factor that will complicate matters for police is the recent closure of the uptown arrest processing center. The facility was closed due to scheduled renovations and will not reopen until some time in 2013, too late to be of any use for the DNC. As a result, all those arrested will have to be transported to the Spector Drive center which is located north of town.

In addition to the increase in personnel, there will also be a shift in the way police resources are allocated. Sheriff’s officers will be moved from their posts at the uptown courthouse to increase staffing at other important sites. The Mecklenburg County Courthouse will be open during the week of the convention, but no criminal trials will be held and only a few courtrooms will be operating. Sherriff’s officers will also not be permitted to take vacations during the week of the convention.

At the Spector Drive processing center between two and four magistrates typically work shifts. During the week of the DNC that number will jump to between six and eight. Magistrates too will not be allowed to take days off and everyone will be on call if the need arises for even more staff.
Police have said that they will try to give warnings and allow protestors space to voice their frustration. The focus of arrests will be on individuals where people are being hurt and property is being damaged. Those who pose no danger to others may just be issued citations so officers don’t have to leave their patrol and have valuable time eaten up at the arrest processing center.

Unlucky North Carolina Man Arrested Twice in One Evening

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

According to a recent report in the Gaston Gazette, one unfortunate man from Gastonia received two visits, and two arrests, in the span of only one night. The report said that one Gastonia police officer ended up pulling over and arresting the same unlucky individual twice in 6.5 hours. The officer, J.C. Padgett, happened upon 27-year-old Kenneth Wayne Bradshaw on two different occasions while out on patrol one night.

Post #1 criminal image 8.15.12.jpg Officer Padgett arrested Bradshaw the first time for drug possession and driving with a revoked license following a traffic accident. Bradshaw then posted bond of $2,500 and got out of the Gaston County Jail at 9:21 p.m. last Thursday.

At 11:51 p.m., Officer Padgett got word that there was another wreck where he was needed. He arrived at the scene and was shocked to find Bradshaw in the same pickup truck he had wrecked earlier that same evening. Bradshaw was again cited for drug possession and driving on a revoked license as well as two new charges, careless and reckless driving and DWI. Bradshaw wasn’t so lucky the second time around, and remains incarcerated on a $50,000 bond.

Recent arrest shows that North Carolina bank robbery doesn’t pay

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

According to a recent article on WCNC.com, one Charlotte man was recently arrested in connection with the robbery of a BB&T branch in south Charlotte. Investigators are saying that the man may be connected to as many as three other bank robberies that have occurred throughout the city this summer.

The man, Anthony Watson, was arrested without incident at the InTown Suites early this week by the Violent Criminals Apprehension Unit. Currently, Watson is only charged with the most recent armed robbery of the BB&T branch.

A spokesperson for the Charlotte-Mecklenburg Police Department said that they are continuing to investigate the other three robberies and are treating Watson as a prime suspect in each one. Post #2 criminal image 8.11.12.jpg Police believe that Watson may also have robbed the SunTrust Bank on Galleria Boulevard back in June and then again in the middle of July as well as the BB&T branch on West Arbors Drive on July 30.

Turns out before embarking his bank-robbing spree, Watson should have stopped to consult with the economist at the Royal Statistical Society and American Statistical Association. The two groups recently published a study on the economics of bank robbery and determined the crime doesn’t pay off in the end.

The researchers looked at the average loot from a bank robbery in the U.K. over a three-year period and found it came to only $31,786. Maybe not terrible, but not much given the risk associated with the crime. The researchers went further; determining that there were on average 1.6 robbers involved in each heist, which meant the total per robber came to only $19,865.

Police Baffled by Huge Increase in Charlotte Scooter Thefts

Published on: August 9, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent article on WCNC.com, there’s a terrible crime wave sweeping the city of Charlotte. This particular activity has so far occurred twice as much this year as it did in all of 2011. What type of crime is the Charlotte-Mecklenburg Police Department searching for ways to clamp down? – Scooter thefts.

Charlotte-Mecklenburg Police Department Sgt. Rich Tonsberg said the department sees the rash of thefts as a “significant problem.” Swiping the small and gas-efficient vehicles has become more common across many different areas in the city. Post #1 criminal image 8.9.12.jpg With rising gas prices and families still recovering from the economic downturn, scooters are becoming an increasingly popular mode of transportation in Charlotte and many cities throughout the country. They’re cheaper and smaller. The tanks are less expensive to fill and the costs of insurance and registration don’t even come close to that of a car. Unfortunately, they have also become a prime target for theft.

The police say there’s a reason why criminals are targeting scooters in particular. Most are not secured which means they can be easily picked up, put in the back of a pick-up truck or a van and driven away from the scene of the crime.The police say this makes scooter theft a surprisingly easy crime to commit.

Electronic Monitoring Leads to Conviction in Charlotte

Published on: August 4, 2012 | On behalf of Arnold & Smith, PLLC

According to WCNC, just this week the Charlotte-Mecklenburg Police Department announced that their electronic monitoring program led directly to a rape conviction. Damian Jackson claimed that he never committed the crime, despite evidence from the electronic ankle bracelet that showed he was at the scene at the time of the rape.

His defense attorney argued that Jackson could not have committed the crime given that he was on foot and that there was just a nine-minute window where the woman was assaulted. electronic monitoring device 8.4.12.jpg It took the jury only 20 minutes to convict Jackson, apparently not convinced by the victim’s testimony. Instead they were swayed by the data contained on the monitoring system.

The moment marked the first time a defendant in Charlotte has challenged the system in court. Police Sergeant Dave Scheppegrell said, “This is the first case where a person plead not guilty and we have a jury trial where a tracking monitor was showing them at the scene of a crime. That’s significant.”

For his crime, Jackson received eight-and-a-half to 11 years in prison. Had he agreed to the deal offered to him by the prosecution prior to trial he might have been released on time served.

The police department’s electronic monitory program began in 2007 and has since expanded dramatically, covering an array of crimes and suspects and running up a $35,000-a-month bill. Police say they are currently watching about 400 people at any given time and more than 1,000 this year alone.

The program was created in response to a rise in the number of robberies across Charlotte in 2004 and 2005. Even now the majority of those wearing the devices are facing robbery and burglary charges, though police have begun adding some domestic violence and sex assault offenders to the program. The program has thus far dealt with a significant number of younger offenders, with the majority of people monitored younger than 25. In February of this year, 251 of the 372 (67%) on electronic monitoring were in that age range.