Charlotte Criminal Lawyer Blog

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.

Charlotte Police Prepare For Convention Crackdown

Published on: August 2, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent report on WISTV, Charlotte police are ready for the thousands of protestors that will surely descend on the city during the Democratic National Convention in early September. The police department has added thousands of officers from outside departments and spent millions on training, equipment and temporary barriers. All that plus the very helpful layout of the city should ensure the police have the upper hand on any rowdy visitors.

The city’s geography should help police as the convention will take place in the heart of the business district which is flat and surrounded by interstate. charlotte dnc 8.17.12.jpg The police will easily be able to surround and secure protestors should the need arise. Police Chief Rodney Monroe says he’s ready to do what needs to be done to keep the city calm and says that if protestors start agitating people he won’t hesitate to take action.

Charlotte has spent some $50 million in federal money to buy new equipment and train officers. The city sent 100 officers to Chicago during the NATO conference earlier this summer to get a feel for what things might be like when the DNC comes to town. The city will also add some 3,000 officers from outside to help boost its existing force of 1,750 officers. Temporary concrete barriers along with 9-foot-high steel fences will spring up across town and serve as a way to manage crowds at key locations in the city.

More than spending money, the city is passing laws that will allow for a possible crackdown. Charlotte adopted a measure in January of this year that would allow the creation of designated spaces for people to gather during large events and prevent them from carrying backpacks or other items in those spaces. The City Council passed new security rules for what it referred to as “extraordinary events,” a label which has been applied not only to the DNC, but also to shareholder meetings for Duke Energy and Bank of America. The rules will permit searches of backpacks, briefcases, messenger bags, and carry-on luggage. Grounds for potential immediate arrest are possession of spray paint, hammers, crowbars, utility knives, padlocks, lumber, and permanent markers.

Recent Reports Show Rise in Charlotte Crime Rates

Published on: July 30, 2012 | On behalf of Arnold & Smith, PLLC

Some bad news has been reported for the Charlotte-Mecklenburg Police Department after data indicates a recent string of crime rate declines have come to an end. Three years of major drops in crime have abruptly stopped and been replaced with glaring jumps in a variety of crimes across the city.

Since the beginning of the year, homicides in the city have increased by an astounding 40% compared with the same period last year. Robberies are up 17% and aggravated assaults have spiked by 14%.

Such a development is unexpected under the new police chief, Rodney Monroe, who took over the department in 2009 and presided over an unprecedented drop in crime. Post #2 criminal image 7.30.12.jpg Almost immediately when he moved into his new role, the numbers began falling. In fact, in 2011, the department announced that the crime rate had fallen to the lowest level since it started keeping consistent records in the 1970s.

When the new numbers were revealed, the department emphasized that the trend in the city over the past three years is still downward for most crimes. The only exception over a three-year period is aggravated assault, which saw a 12% increase.

The approach used by the current police chief has resulted in lower crime than any of his other predecessors. Chief Monroe’s department focuses less on geography and more on identifying specific criminals and locking them up before they can commit additional crimes.

The larger picture across the state shows good news and continuing drops as the North Carolina attorney general announced that statewide crime dropped for a third year in a row. The drop marks a 34-year low and part of several decades of declining crime rates.

Charlotte Approves New Gunshot Detection System

Published on: July 26, 2012 | On behalf of Arnold & Smith, PLLC

According to recent article on WCNC.com, the Charlotte City Council has now unanimously approved the decision to bring a gunshot detection system, known as ShotSpotter, to the city. Police and elected officials are hoping that it will improve public safety and give officers another effective tool to help fight crime.

Currently, there are just under 70 systems in place across the country, including in Wilmington, NC. The system is costly, running around $50,000 for a one-year trial period. Here’s how it works: the detection system triangulates sound picked up by acoustic sensors which are situated on top of buildings, utility poles and other structures throughout a neighborhood. imagesCA0XXN13 7.26.jpg When gunshots are fired, those sensors produce a report which is relayed back to the control room of ShotSpotter where a technician will focus on a computer screen and zoom in on a satellite map to see where the gunshots originated. The technician then analyzes the data and zeroes in on the exact block where the incident took place. After having confirmed that the sounds were indeed gunshots, the tech will then contact the police department and alert them to the gunshots, the time that the shots were detected by ShotSpotter sensors and the exact location.

The system’s technology is incredibly sophisticated and can even be used to determine what type of gun was used and the caliber of the weapon. Proponents of the new technology contend that use of the detection system greatly improves response time and increases community confidence that the police will respond swiftly. For the moment, the Charlotte-Mecklenburg Police Department is remaining quiet about what part of town the ShotSpotter will be used in.

All this technology comes at a price, say some critics who complain that it invades the privacy of individuals and that it is not always able to distinguish between gunfire and other loud noises. The Pittsburgh Post-Gazette told a controversial story of an incident in New Bedford, Massachusetts where a ShotSpotter recording of an argument that took place on a street corner will play an important role in the case against two men charged with murder in a December 2011 killing. At a hearing earlier this year, an assistant district attorney said that the system had recorded arguing and yelling at a busy intersection. An attorney for one of the defendant’s says that if the prosecution uses the recording, it will raise important issues of privacy under the state’s wiretapping statute.

The defense counsel said that the technology opens up a can of worms related to privacy issues and begs the question, “Where will it stop?” The lead prosecutor said that the issue is not so important given that what was recorded was said in public and lacked an expectation of privacy. The government believes the evidence will turn out to be admissible.

Charlotte Man Arrested for Presbyterian Hospital Attacks

Published on: July 21, 2012 | On behalf of Arnold & Smith, PLLC

A report out of WCNC.com, reveals that a Charlotte man is now behind bars after a hospital employee was attacked and held at gunpoint just outside Presbyterian Hospital. This recent attack marks the third such incident in as many weeks.

The latest assault took place around 4 p.m. Tuesday, July 17, 2012 at the main hospital located in the Elizabeth neighborhood. A female employee was leaving work when she was robbed at gunpoint in an elevator in the parking garage adjacent to the hospital’s orthopedic center. Post #2 criminal image 7.20.jpg Thankfully, the employee was not injured in the attack. Police say the gunman, Lejarris Williams, took the employee’s purse and ran from the scene but was quickly apprehended by Presbyterian Healthcare Public Safety Officers on a nearby street.

Not all the victims have been as lucky as the woman in this incident. An earlier attack left a nurse badly injured after having been stabbed three times and robbed in another hospital parking lot in the early morning hours of June 27th. Later that same day, another employee, Kelli Hannum, says she was robbed in the parking lot.

Presbyterian Hospital began offering a $10,000 reward on June 28 to help find out who was responsible for the first two attacks. The hospital also beefed up security. Many in the area are relieved at the news of the recent arrest but police have not yet said whether Williams is connected to the two previous attacks.

Charlotte Soccer Coach Arrested for Sex With a Minor

Published on: July 19, 2012 | On behalf of Arnold & Smith, PLLC

According to Fox Charlotte, a soccer coach from the Catawba College Hall of Fame and Steele Creek Soccer Club has been arrested and charged with three counts of indecent liberties with a child, crimes against nature and first-degree sex offense.

Under North Carolina law, § 14‑202.1 refers to the crime of taking indecent liberties with children. It states that if a person over the age of 16 and at least 5 years older than the child in question takes or attempts to take any “immoral liberties” with the child, they could be found guilty of a Class F felony. Post #1 criminal image 7.18.jpg Any improper, immoral, or indecent acts done out of the purpose to gratify sexual desires or for arousal could fall into this category of crime. In this case, a child refers to anyone, male or female, under the age of 16.

Investigators said the arrest of Ralph Wager, 69, occurred as the result of a two-month long investigation following one man coming forward and claiming Wager had inappropriate sexual contact with him in the late 1980s. At the time the incident was alleged to have occurred, Wager was a soccer coach and PE instructor at Catawba College in Salisbury and was later inducted into their hall of fame in 2008. The school has since been notified of his arrest and is cooperating with the criminal investigation.

Investigators are not yet revealing the nature of the evidence they have against Wager but say it is strong enough to move forward with charges. It’s also not yet clear if Wager confessed after being questioned by police. He was arrested earlier this week, on Tuesday night, at his home in east Charlotte.

The victim was 9 years old when the abuse began and 12 when it ended. The boy was not directly under Wager’s soccer instruction at the time of the sexual abuse, but was involved in a different athletic activity.

The Steele Creek Soccer Club has removed Wager from its website and say he has been suspended indefinitely as a coach due to the Steele Creek Athletic Association’s zero-tolerance policy. Wager is currently in jail with a $500,000 bond. Wager waived having a court appointed attorney and is now scheduled to be in court for a probable cause hearing on August 1.

Incarcerated Juveniles in North Carolina Prepare for Sentencing Changes

Published on: July 14, 2012 | On behalf of Arnold & Smith, PLLC

The Supreme Court recently held that it is cruel and unusual punishment to send a young murderer to prison for life if a judge has not first weighed whether he or she deserves a shorter prison sentence due to his or her youth and the specific nature of the crimes committed. The 5-4 decision struck down laws on the books in some 29 states – including North Carolina – that say life sentences without parole for juvenile murderers are acceptable.

Officials in North Carolina law enforcement say it will take some time for the state to assess the impact of the ruling. Post #2 criminal image 7.15.jpg Most experts in the state say that the number of state prisoners affected by the Supreme Court ruling is around 88.

North Carolina was among 29 states that required life sentences for youth found guilty of first-degree murder. Legislators in the state took action in the final days of June’s legislative session to approve a bill making parole possible for offenders who killed while under age 18 and Governor Bev Perdue signed the bill into law Friday. The new bill would require judges to consider the juvenile’s age, intellectual capacity, prior record, familial and peer pressure and other mitigating factors before handing down the sentence. Life still remains an option, but only for those convicted of premeditated murder. It’s important to note that the decision does not mean it’s unconstitutional to sentence juveniles to life in prison, only that statutes that make such sentences mandatory are no longer acceptable.

The bill acts as a major retooling of sentencing laws that defined the state’s criminal justice system for nearly the past 20 years. In 1994, the state basically abolished parole in what was known as the “truth-in-sentencing” reforms. Since then, inmates have been required to finish out their terms.

The U.S. Supreme Court ruled on two cases of 14-year-old boys, one from Alabama and another from Arkansas, who were given life sentences for their roles in a murder. In the case of young people who participate in homicide, “a judge or jury must have the opportunity to consider mitigating circumstances before imposing the harshest possible penalty.” Justice Elena Kagan wrote, “We therefore hold that mandatory life without parole for those under age 18 at the time of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual punishments.'”