Charlotte Criminal Lawyer Blog

North Carolina Sex Offender Arrested for Two 30-year-old Rapes

Published on: January 12, 2012 | On behalf of Arnold & Smith, PLLC

Post #2 criminal image 1.12.12.jpg The victims of two 30-year-old rape cases are now on their way to seeing justice decades after their harrowing experiences. According to a recent report by WBTV, a man has been arrested for the rape of two women back in 1981.

The detectives of the Sexual Assault Cold Case Unit at the Charlotte-Mecklenburg Police Department were able to find the suspect, Roger Dale Honeycutt, after re-examining biological evidence taken from the rape kits 30 years ago. On January 27, 1981, detectives allege that Honeycutt entered a home in the 3400 block of Sharon Amity Road. When he got in, she saw a woman asleep on the couch and he raped her. After the assault, the woman was taken to Carolina Medical Center. There, a sexual assault kit was performed and biological evidence was collected from the victim. The cold case detectives began to reexamine the case in December 2011, and on December 8, 2011, the detectives submitted the sexual assault kit to the crime lab for a second examination of the evidence. Nearly one month later, the detectives were notified that the lab had a match and that it was Honeycutt.

Honeycutt was arrested at his home in Kannapolis by the Violent Criminal Apprehension Team. What is unique about Honeycutt’s arrest is that at the time he was free on bond for another rape. In October 2010, Honeycutt was arrested and charged with another rape that happened back in 1981. Police say that on February 21, 1981, Honeycutt broke into a woman’s house, found her sleeping on the couch and raped her. Nearly one month after the first rape was committed, Honeycutt allegedly followed the same pattern and committed a second sexual assault. The victim of this second assault was five months pregnant at the time of the attack and her husband and daughter were asleep in the home while she was being raped. A sexual assault kit was also performed on the victim and there were no suspects until August 2010, when Honeycutt was found to be a match to the biological evidence collected from the sexual assault kit.

Redefining Rape in North Carolina

Published on: January 10, 2012 | On behalf of Arnold & Smith, PLLC

Post #2 criminal image 1.10.12.png On January 6, 2012, the federal government took an important progressive step in the realm of sexual violence legislation. It has expanded the definition of rape. The new definition removes the gendered language and now includes the sexual violation of men and boys. Rape was previously defined by the federal government as “the carnal knowledge of a female forcibly and against her will.”

This limited definition only allows women and girls to be sexually violated and it only included penetration by a man’s penis, but did not include penetration by other objects or body parts. It suggests that if something similar happened to a man or a boy, it is not rape, but something entirely different. The new definition, however, is much more expansive. It defines rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” This new definition makes the crime of “rape” apply to the sexual penetration of a boy or man.

The change will make the FBI’s reporting of rape statistics easier, especially since several states now have a more expanded definition of rape. The old definition created discrepancies in the number of rapes reported each year. According to a report by Forbes Magazine, 1,400 sexual assaults were reported in Chicago, but the government did not count those in the total amount of rapes reported because those sexual assaults did not meet the very restrictive definition of “rape.”

In addition to streamlining statistics, the newly expanded definition of the crime of rape does something else very important. It starts to change the conversation regarding sexual violence and begins the process of removing the gendered stereotypes associated with the crime of rape. It has always been assumed that men cannot be raped. However, hundreds of men are sexually violated on a regular basis, but because of societal views men have had a difficult time reporting that a crime of sexual violence was committed against them. It is likely that the number of reported rapes will increase not only because of the expanded definition, but also because men and boys will begin to feel more comfortable telling these stories without the fear of social stigma.

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 Protestors Charged with Burning Flag

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

Four men have been charged with careless use of fire after a flag burning incident during an Occupy Charlotte protest. According to the Charlotte Observer, two American flags were burned outside of the campsite in protest of what the protestors labeled “American greed.”

Police say that the suspects were charged because they failed to use a fire pit to burn the flags. Those arrested were 19-year-old Alex Tyler, 20-year-old Stephen Morris, 23-year-old Michael Behrle, and 28-year-old Jason Bargert. Bargert, was acting as the spokesperson for the Occupy Charlotte movement.

Tyler said that the purpose of the flag burning was to send sparks through the camp. “I’ve seen this group lose its activism and become lazy,” said Tyler, adding that the other men told him, “We’re going to give Occupy Charlotte a wake-up call.” Well, the protestors got their wish. The movement is now divided over the incident. Several members thought that burning the flag was unnecessary and disrespectful and at least 10 members of the movement have issued formal statements disassociating themselves from the flag-burning episode. There was even some debate about expelling the men from the group. As of yet, there has been no word of whether the four protestors are still a part of the Occupy Charlotte movement.

Occupy Charlotte is part of the nationwide Occupy movement that began with Occupy Wall Street in September. According to Occupy Wall Street’s official website, the purpose of the movement is to protest against banks and corporations that they believe have led to the economic collapse of the nation. Occupy Wall Street has led to several similar occupy movements across the country, including Occupy Charlotte. Occupy Charlotte is following in the footsteps of the pioneers on Wall Street.

Gun Permits for Felons in North Carolina on the Rise

Published on: December 29, 2011 | On behalf of Arnold & Smith, PLLC

Post #2 criminal image.jpg The Charlotte Observer recently published a report by the New York Times about the rise in the number of concealed carry permits. The report recounts an incident where an Asheville, North Carolina man had a hair-raising experience with the driver of an SUV.

Alan Simmons and his family were riding bicycles down the road when they were approached by a driver in an SUV. The driver was visibly upset with Simmons because he was riding his bike in the street. Simmons stopped and so did the driver. The two got into a verbal altercation, but the driver of the SUV, Charles Diez, pulled out a gun and threatened to shoot Simmons. When Simmons turned to leave, Diez fired, but the bullet passed through his helmet barely missing his head.

Diez was legally allowed to carry that weapon. He was licensed to carry a concealed weapon and Simmons believes that that is the reason why a verbal altercation nearly turned deadly. Diez was eventually arrested and he pled guilty to assault with a deadly weapon with intent to kill. The problem is not with the number of permits that are now being allowed across the country. The problem is the ease with which one can obtain a permit to carry a concealed weapon. North Carolina is one of many states that only requires a simple background check before allowing someone to obtain a concealed carry permit.

In addition to the ease of obtaining the permit, gun advocates are seeking to increase the places where guns are allowed. In the recent past, guns have been taken off of the banned list for bars, houses of worship, and college campuses. The argument in favor of increasing the presence of guns in public places is that gun owners should be allowed to protect themselves when they are out and about.

“These are people who have proven themselves to be among the most responsible and safe members of our community,” said Rep. Cliff Stearns of Florida. Rep. Stearns wrote a bill that would require states to recognize other state’s gun permits, extending the Full Faith and Credit Clause to gun permits. The House has already approved the bill and the Senate is expected to consider it next year.

The New York Times conducted an investigation into North Carolina’s concealed weapons permit holders. The investigation revealed that several of North Carolina’s permit holders had been convicted of felonies or misdemeanors. In several of these cases, the state did not pull the gun permit from those convicted.

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.

Charlotte Drag Racer Guilty of Involuntary Manslaughter

Published on: December 15, 2011 | On behalf of Arnold & Smith, PLLC

car picture.jpg WCNC recently reported that Tyler Stasko, a 23-year-old North Carolina man, was convicted of involuntary manslaughter for the street racing accident that caused the death of three others in April 2009. The jury deliberated for about a day and a half before handing down the verdict. The judge proceeded immediately to sentencing and gave Stasko a term of 45-54 months in jail.

The victim’s families were extremely disappointed with the outcome of the case and afterwards one group told the press, “We want everyone to know how very dark our world is without Cynthia and the baby,” said Sharon Furr. “We really want everyone to know the loss that we’ve suffered. We want them to know how sad we are, and we want them to know how sad we are today with this outcome.”

The victim was Cynthia Furr, Winthrop University professor. She and her two year-old daughter were on their way to church when they were killed when Stasko’s car, traveling more than 80 M.P.H., crashed into Furr’s car. Investigators said that Stasko had a passenger with him, a 13 year-old boy, who was also killed in the tragic accident. At trial, a detective testified that there was no indication that Stasko slowed down before barreling into Furr’s car.

The prosecution charged Stasko with three counts of second-degree murder, but after the jury heard all of the evidence, he was instead convicted of the lesser offense of involuntary manslaughter, a Class F felony in North Carolina. Essentially, the jury found that there was no malice in Stasko’s actions. The jury found that he did not have intent to kill or intent to cause serious bodily harm.

Stasko testified in his own defense and told the jury that he and a black Camaro were racing. He came over a hill and the next thing he knew, Furr’s Mercedes pulled out in front of him. He told detectives in his interview that he tried to hit the brakes as hard as possible, but the collision was inevitable. He admitted that he was speeding. He also admitted that the accident was mostly his fault. Based on the jury’s verdict, it appears they accepted his version of events.

Wal-Mart Denies Disabled North Carolina Identity Theft Victim Repayment

Published on: December 13, 2011 | On behalf of Arnold & Smith, PLLC

wal mart.png WCNC recently reported the tragic story of Sonya Duggan, a 45-year-old disabled woman who was the victim of identity theft. Investigators say that Sonya’s lump sum disability payment of $5,800 was stolen from her Wal-Mart debit card account. The police say that the perpetrator or perpetrators squandered Sonya’s money in six different cities across three different states over the course of only two days. Sonya suffers from a rare disease and this Thanksgiving was the first time she had been home in five years, having spent years in the hospital suffering from pneumonia.

It should not have been difficult for a bank to recognize that the transactions from Sonya’s debit account were fraudulent transactions, but Wal-Mart failed to catch the fraud as it was occurring. Even later, when Sonya and her husband requested that Wal-Mart restore the stolen money to her debit card account, the giant corporation denied her request. Wal-Mart sent her a letter explaining the reason for their denial indicating that Sonya gave her husband the personal identification number to her debit card. Sonya explained that due to her illness, her husband serves as her primary caregiver. As such, he needed access to her debit card so that he can purchase her prescription medications.

Although Wal-Mart is not required to reimburse Sonya for the money that was stolen from her, the Better Business Bureau believes that if investigators can prove to Wal-Mart that there was evidence of fraud, it is likely that Wal-Mart will restore the stolen funds. However, that restoration may not come in time for Sonya and her family to enjoy the holiday season or even in time to pay regular household expenses.

It is important for consumers to protect their finances during this holiday season. Identity theft and fraud provide criminals with unlimited access to unprotected stashes of someone else’s cash. There are ways to protect your debit cards during this season. Follow these few simple tips and you should be able to keep your hard-earned money safe for holiday spending.