Charlotte Criminal Lawyer Blog

NC Court of Appeals Reverses Decision to Release Criminal After Crime Lab Mishaps

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

North Carolina’s Court of Appeals made a big announcement this week when it decided to overturn a Durham judge’s decision to throw out child murder charges against a man who spent the past 12 years in prison. The Durham judge previously ruled that prosecutors and the state crime lab both hid critical evidence and thus the man ought to be set free.

A unanimous three-judge Appeals Court panel said it did not agree with Superior Court Judge Orlando Hudson’s reasoning for dismissing the charges against Derrick Allen. Instead of dismissing the charges, the Appeals Court ordered a new trial in the case.

Judge Hudson previously dismissed murder and assault charges against Allen in December 2010. The man had been serving a prison sentence for the 1998 death of his girlfriend’s 2-year-old daughter. Post #2 criminal image 9.25.jpg Judge Hudson believed that Durham County prosecutors hid evidence and the State Bureau of Investigation’s crime lab intentionally omitted evidence about blood tests in Allen’s case.

The problems in the case came to light only after another man was found innocent of murder after having spent some 17 years behind bars. The case of Greg Taylor resulted in a total review of the state’s crime lab and the resulting report flagged Allen’s case as one of more than 200 that had been handled improperly. This got the ball rolling by a defense attorney who uncovered other misdeeds in the original prosecution.

The Court of Appeals said that while they share the lower court’s displeasure regarding the manner in which the blood testing was done and disclosed and the manner in which the prosecution handled the case, they could not agree that dismissing all charges was appropriate. The judges on the Court of Appeals said they could find no “legal basis” for the lower court’s action.

This recent decision means that Allen will likely face charges related to the 1998 death of the young girl, but he will remain free until a final decision by prosecutors is made regarding how they want to proceed. Allen has always maintained his innocence, though in 1999, he entered an Alford plea which allowed him to avoid the death penalty. Under an Alford plea, a defendant does not admit guilt but acknowledges that prosecutors have enough evidence to convict him or her of the charged crime.

North Carolina Meth Making Mom and Son Behind Bars

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

A North Carolina mother and son were recently arrested for possessing chemicals and equipment used to manufacture methamphetamine, according to a report by WBTV.

Lisa Woodie Sanders, 47, and her son Thomas Jason Triplett, 28, were arrested by the Caldwell County Sheriff’s Office this past week according to police spokesmen. Officers were alerted thanks to anonymous tips that the two were involved in cooking meth. Post #2 criminal image 9-16.jpg The officers then searched both the mother and son’s property and found the necessary chemicals for making the drug hidden in a cooler.

The two individuals have been interviewed by police and more arrests could follow in the coming days. The son was placed in the Caldwell County Detention Center on a $7,500 bond while the mom was placed in jail under a $2,500 bond.

This case illustrates a couple of points that are worth noting. The first is that serious criminal charges can be brought against an individual if he or she is accused of having committed a drug crime. The second is that any resulting drug crime conviction can lead to severe penalties that can follow an individual for years to come.

As other street drugs become harder to get, homemade small meth labs are springing up across North Carolina and across the country. As a result, police are anticipating increased meth raids in the future. If Sanders and Triplett have no yet retained an experienced criminal defense attorney, both need to do so immediately. The charges against the two are very serious and the penalties they will now be facing are severe. Their defense should not be left in the hands of inexperienced attorneys, but instead the capable hands of skilled criminal defense professionals.

Masked Charlotte Man Accused of Gas Station Robberies

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

A recent report on WBTV.com sited a recent series of robberies perpetrated by a man wearing a Frankenstein mask. The alleged burglar wore the mask as he robbed four Charlotte, NC area gas stations. Police believe the same man is responsible for at least three other convenience store robberies in the last two weeks.

Eric Christopher Orr is accused of robbing all four gas station in less than two hours on his birthday. Police say an armed man entered four stores with a Frankenstein mask and demanded money from the cashiers. The gunman apparently followed a path down the Harris Boulevard corridor, as he struck about 3:20 a.m. at a convenience store on The Plaza near Harris Boulevard. Post #1 criminal image 9-14.jpg About 20 minutes later, he robbed a Kangaroo Express in the 7300 block of Albemarle Road, not far from Harris Boulevard again. The final robbery happened about 4:20 a.m., in the 7000 block of East W.T. Harris Boulevard. That is a short distance north of Hickory Grove Road.

He is also believed to be associated with the robbery on August 29, 2012 at the Kangaroo Express on West Sugar Creek Road, the Circle K robbery on September 4, 2012 at 7214 The Plaza and the robbery at the BP Station on September 5, 2012 at 8111 Bellhaven. Thankfully for everyone involved there were no injuries reported during any of the recent four robberies.

Charlotte-Mecklenburg Police spokesmen say that Orr is now behind bars after a search was conducted where the police publicized security camera footage of the robberies. Officers happened upon Orr accidentally, arresting him at first for driving a stolen car. Only later did they realize that he matched the description of the man accused of robbing the gas stations.

Charlotte Man Arrested for Threatening the President

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

According to a recent article on the Huffington Post, a 21-year-old Charlotte man was arrested by the Secret Service for posting threatening messages about President Barack Obama on Twitter during the Democratic National Convention (DNC). The man has been charged in a felony criminal complaint accusing him of threatening the president’s life in five tweets published on September 3, 2012.

Authorities have said that the North Carolina resident, Donte Jamar Sims, was detained towards the end of the Democratic National Convention. Sims posted several messages on Twitter including one that clearly stated, “Ima Assassinate president Obama this evening!” on Labor day which was just a few days before President Obama arrived in Charlotte for the beginning of the DNC. Later Sims tweeted, “Ima hit president Obama with that Lee Harvey Oswald swag.” Post #2 criminal image 9-8.jpg When a Twitter follower of Sims asked, “U serious??” in response to one of the Obama threats, Sims replied, “as a Heart Attack.”

When Secret Service investigators paid Sims a visit they say he told them he hated the president and was under the influence of marijuana when he made his statements. Initially investigators said he was smiling and uncooperative but his mood changed when he was told how serious the offense was. Once he heard he would be arrested for what he did he wrote an apology.

North Carolina court records show that Sims was arrested in March of this year on a misdemeanor marijuana possession charge. He was also picked up last June for marijuana possession, carrying an invalid driver’s license, and possessing drug paraphernalia.

Arnold & Smith, PLLC attorney, J. Bradley Smith, was consulted by Fox News Charlotte on this story. According to Mr. Smith, he does not believe this was something Sims intended to carry out but instead”…he was doing something foolish, trying to get attention and well he sure got it.”

Given the severity of this alleged crime, it is certainly important that Sims look for experienced North Carolina criminal defense attorney. For this charge, Sims could face up to five years in prison.

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.