Charlotte Criminal Lawyer Blog

Charlotte Gang Members Now Face Racketeering Charges

Published on: May 22, 2012 | On behalf of Arnold & Smith, PLLC

Criminal gangs have become a nation-wide problem. What used to be an issue that was confined to the streets of Los Angeles, New York and other very large cities is now something that law enforcement agencies across the nation have to tackle. Charlotte, North Carolina has a thriving gang culture and now after a two-year investigation, one of those gangs has taken a major hit.

According to a recent report by WCNC.com, the United Blood Nation (also simply known as the Bloods) have fallen victim to a federal, state, and local investigation and 27 of its members are now either currently incarcerated or are facing charges. gangs picture.png They have been federally charged with being a part of a racketeering enterprise involving drugs, murder, and robbery. Specifically the indictment charges that the members of the gang conducted a drug trafficking operation and the proceeds from that were used to finance other criminal activities. The U.S. Attorney indicated that the Bloods committed a string of armed robberies and home invasions and then attempted to conceal their crimes by intimidating the witnesses to the crimes.

Some part of the investigation must have involved a listening device or an informant. The indictment alleges that the Bloods met regularly to discuss important business. During those meetings they discussed who they thought was cooperating with the police and what was to be done about those individuals. There were also planning meetings for the next major criminal act.

Convicted Charlotte Cop-Killer’s Appeal Denied

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

An appellate court in North Carolina has denied the appeal of a man who was convicted of killing two Charlotte-Mecklenburg Police Department officers, according to a recent report by WBTV News in Charlotte. The man is Demeatrius Antonio Montgomery and in 2010 he was found guilty of the first-degree murder of Officers Sean Clark and Jeff Shelton. The murders occurred three years earlier in 2007 at the Timber Ridge Apartments in East Charlotte.

After being found guilty, Montgomery was sentenced to two consecutive life sentences. His new attorneys, however, appealed his murder conviction in 2011, asking the court to overturn the convictions for several reasons, the most prominent of which centers on Montgomery’s mental competence. Post #2 criminal image 5.17.12.png After considering the issues on appeal, the appellate court denied the defense’s request, saying that Montgomery’s claims were without merit and that the trial court’s decision was correct. Montgomery’s attorney, Andrew DiSimone, says that he is currently considering the possibility of filing an appeal with the North Carolina Supreme Court.

Montgomery’s competency issues arose during his original trial. On three separate occasions Montgomery moved to have the court declare him incompetent to stand trial. The first two motions were denied by the presiding judge and the third motion was withdrawn after the district attorney agreed to take the death penalty off of the table. The defense presented testimony from expert witnesses who spoke about Montgomery’s silence and refusal to participate in his own defense: however, the appellate court found that Montgomery’s silence was likely the result of his own choosing.

Although is it not usually discussed, competency to stand trial is a very important issue in some criminal trials. If an attorney is dealing with a defendant with a history of mental illness, it may be beneficial for the attorney to seek a determination of whether the defendant is legally able to assist in his or her own defense.

North Carolina law on competency reads as follows: “No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable to understand the nature and object of the proceedings against him, to comprehend his own situation in reference to the proceedings, or to assist his defense in a rational or reasonable manner.”

Federal Appeals Court Revisits North Carolina Terrorism Case

Published on: May 15, 2012 | On behalf of Arnold & Smith, PLLC

Justices at the Fourth Circuit Court of Appeals are looking into whether Mohammad Hammoud should be given a new trial or a new sentencing hearing. Hammoud was convicted of supporting a terrorist organization. The prosecution in his case claimed that he participated in a cigarette smuggling ring and sent the proceeds of the illegal operation to Hezbollah, a militant organization that the United States has identified as a terrorist organization.

Hammoud’s attorneys deny that he is a member or supporter of the organization. They concede that he sent the group money, but the money was sent to a branch of the organization that provides social services, not to the branch that carries out militant terrorist attacks. Post #1 criminal image 5.15.12.jpg Stanley Cohen, Hammoud’s attorney, believes that the sentence he received is disproportionate to the crime. Initially, Hammoud was sentenced to 155 years in a federal prison, but a federal judge reduced that to 30 years after finding the sentence grossly disproportionate. The reduction did not seem to appease either the prosecution or the defense.

Federal prosecutors are seeking a new sentencing hearing, believing that the 30 year sentence Hammoud received was too lenient. They are requesting that he be sentenced to life in prison. Cohen, on the other hand, believes that cases with similar facts as those to Hammoud’s case should set the standard for his sentence. Other cases similar to his have resulted in four or five-year sentences. There is also new evidence that has been discovered which suggests that Hammoud may have been telling the truth about not being a card-carrying member of Hezbollah. The prosecution, of course, disputes this new evidence as well as the comparison to similar cases, asking that Hammoud’s case be evaluated alone and that the sentence given be based on his actions and his prior convictions and not on how his case measures up to other similar fact patterns.

Charlotte Man Openly Admits to Student Loan Fraud in Front of Judge

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

Arnold & Smith, PLLC Attorney J. Bradley Smith, spoke to Fox Charlotte recently regarding a case of student loan fraud. Mr. Smith told the news channel that he overheard someone tell the judge about how he had obtained federal loans for school and then dropped out. He then used the money he received from the federal government for school to invest in a tee-shirt printing business. As the man was telling the judge about how he had committed federal student loan fraud, Mr. Smith could not believe how cavalier and nonchalant the man seemed about committing a federal crime. “This guy was proud of it, I mean, I am telling you, it was crazy,” says Smith.

J. Bradley Smith told Fox Charlotte about the increasing problem of student loan fraud. Several millions of dollars have been given to students for the purpose of funding their educations. Post #2 criminal image 5.10.12.jpg These loans are backed by the federal government and all of the money must be paid back. Should student loan fraud continue to increase, Mr. Smith believes that the bust could be even bigger than the bust seen in the real estate bubble.

The young man at the Mecklenburg County District Court who openly admitted to committing student loan fraud was once a student at Central Piedmont Community College. CPCC officials said that there is not much that they can do when it comes to policing federal student loans. The loans are an agreement between the federal government and the student. The school is only a beneficiary of the agreement, not a party to it and therefore the onus of enforcing the agreement lies with the federal government.

Four arrested in Charlotte for protesting against Bank of America

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

Police in Charlotte arrested four people as they were trying to force their way into Bank of America’s annual shareholder’s meeting. Police were working to contain a crowd that had gathered outside of the meeting in the street. The arrests came as a result of the police using a newly passed city ordinance to declare the shareholder’s meeting an “extraordinary event” which allows the police to subject protests to more stringent regulations.

The new ordinance is found in Sections 15-310 through 15-313 of the municipal code. It gives the city manager the authority to declare an event an “extraordinary event” and also allows the city manger to prescribe the location and the time period for the event. bank of america building.jpg An “extraordinary event” is defined in the code as “a large-scale special event of national or international significance and/or an event expected to attract a significant number of people to a certain portion of the city.”

Section 15-313 sets out what kind of conduct is unlawful during the extraordinary event. It is unclear from the WBMF report what prompted the police to arrest the four individuals. The code section makes it unlawful to carry certain items, such as backpacks, posters, markers, and other items. There was no indication that any of those items were found on the arrestees. Charlotte-Mecklenburg Police Department Major Jeff Estes told reporters that the four were arrested for crossing a police line, a misdemeanor in North Carolina.

Bizarre Charlotte Kidnapping Scheme Leads to Severe Charges

Published on: May 3, 2012 | On behalf of Arnold & Smith, PLLC

According to recent report, a Charlotte woman is facing significant criminal charges after a bizarre kidnapping attempt. On Tuesday, May 1, 2012, officers from the Charlotte-Mecklenburg Police Department responded to a call at Beacon Ridge Apartments.

A man on the scene told police officers that his wife and two daughters had been kidnapped. Post #2 criminal image 5.3.12.jpg After an investigation into the incident, the police determined that a women at the scene, Andrea Endara-Paredes, was the mastermind behind the kidnapping attempt.

Police believe that Endara-Paredes befriended the victim, a 22-year-old with two children. She was trying to help the victim find a job. It was also during this time that Endara-Paredes was making people believe that she was pregnant. She had set up her house as if a baby was coming, even though she was not pregnant.

On Tuesday night, Endara-Paredes attempted to complete her master plan of obtaining a baby. She assaulted the woman that she had been helping and pretending to befriend. She attacked the unsuspecting woman with a tire iron and sprayed her in the face with pepper spray. She then pulled a knife on the woman and demanded that she and her children go with her. Eventually, Endara-Paredes released the woman and her four-year-old daughter, but kept the woman’s one-month-old little girl.

Captain Rod Golding indicated that Endara-Paredes promised the victim that she would take her back home only if she promised not to tell her husband what happened and if she promised to tell her husband that two black men kidnapped the baby.

Charlotte Violent Crime Task Force Makes 2,000th Arrest

Published on: May 1, 2012 | On behalf of Arnold & Smith, PLLC

The Charlotte Mecklenburg Police Department’s Violent Criminal Apprehension Team has been extremely successful, according to a recent report by WCNC news. It has not only increased the number of violent criminals being arrested, but it has also been timely when putting the cuffs on the criminals. The success of the team has landed several of Charlotte’s most violent criminals behind bars.

The team is headed up by Sergeant Steve Winterhalter. It is his job to take down those criminals that the city considers to be the most dangerous. Since the unit was formed six years ago, the team has made 2,000 arrests, which is a huge accomplishment for this team. Their 2,000th capture was a fugitive from New York who was hiding in the Charlotte area. He was arrested last week along with 20 others who were on the team’s list of bad guys. Those 21 captures set a record for the number of captures made by the team in one week.

Not only are they thorough, but they also manage to be efficient. Post #1 criminal image 5.1.12.jpg On average, it takes the team about 19 hours from the beginning of the team’s investigation to make an arrest. Their speed prevents the alleged criminals from fleeing the jurisdiction. Winterhalter believes that some of their success is attributable to the police department being more efficient at identifying suspects. He said, “The department is responding to the incident a little bit differently. There’s increased number of resources put into the initial investigation, different bodies from within organization are helping.”

Edwards’ Trial Heats Up Following Aide’s Testimony

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

As a follow-up to one of our recent posts, on Wednesday, April 25, 2012, Aide to former Senator John Edwards, Andrew Young, testified at Edwards’ campaign finance violation trial. The prosecution called Young to testify about his role in hiding Rielle Hunter, Edwards’ pregnant mistress, while he was running for President of the United States. Young took the stand on Monday, April 23, 2012, and began to tell the jury about Edwards’ relationship with Rielle and about how his relationship with Edwards began to change during the presidential campaign.

Young testified that as Edwards was beginning to put an end to his campaign, he stopped communicating with Young. Post #2 criminal image 4.26.12.jpg In December 2007, Edwards, along with Young, issued a statement to the press in which Edwards denied that he was the father of Rielle Hunter’s unborn child, saying that it was Young who was father. According to Young, Edwards was to tell the press the real story once the baby was born. Young testified that he and his wife were no longer happy about letting Hunter live with them in an attempt to keep the press away from her.

Edwards is accused of misappropriating campaign funds to hide Hunter and keep her pregnancy and subsequent child a secret. He has pleaded not guilty to six counts of campaign finance violations. If he is found guilty, Edwards could face up to 30 years in prison and $1.5 million in fines. Edwards denies knowing what the money was being used for, especially given that much of the money was put into accounts that were controlled by Young and his wife.

National School Policing Debate Sparked by Student Arrests

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

The nation is again discussing whether some educators are too quick to call in the police when a student gets a little unruly in the classroom. Every educator and parent around the country, including those in North Carolina, should be paying attention to the recent case where children are being handcuffed and charged with serious criminal offenses for acting out in class.

A 6-year-old Georgia girl sparked the national debate. Post #1 criminal image 4.24.png Earlier this month, the 6-year-old received media attention when it was reported that after she had a temper tantrum at school, the police were called and she was handcuffed. According to reports, the girl refused to comply with her teacher’s rules and began throwing things off of the teacher’s desk. She sent the student to the principal’s office where she continued her tantrum. The student threw things off of the principal’s desk and turned over a small shelf that fell on the principal’s leg. The principal tried to calm her down, but she resisted. At that point, it was decided that the police should be called. The Milledgeville Police Department responded and placed the 6-year-old in the back of a police car and transported her to the police station. Police procedure required that anyone placed in the back of the patrol car be handcuffed.

A similar incident happened in New Mexico. A 13-year-old girl’s teacher called the police after she refused to stop talking to her friend and move to another desk. This incident prompted a civil rights attorney to file a class action suit in New Mexico on behalf of several hundred public school children arrested for petty offenses, such as cell phone use and defacing a history book. While a police presence in the school is sometimes necessary, many believe that overwhelmed teachers are beginning to use them as first responders instead of as a last resort.

Charlotte Man Jailed for A String of Rapes and Robberies

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

WFMY News recently reported that a Charlotte man pleaded guilty to a handful of charges involving a string of rapes and robberies in the area. On Friday, April 13, 2012, Jaunton Carter pleaded guilty to First Degree Rape, First Degree Kidnapping, Sexual Battery, and Robbery. The judge sentenced Carter to serve 28-34 years in prison.

Carter has an unusual technique as he tricked women into thinking that they had been involved in car accidents. Post #2 criminal image 4.19.12.jpg He used this ruse to lure them out of their cars where he would rob and then rape them. These occurred in February 2010 in the high-end residential neighborhoods of Dilworth and Myers Park in Charlotte. According to officials at CMPD, Carter ambushed a woman as she was getting out of her car on Spanish Moss Lane. It was 1:30 AM and he clasped his hands over her mouth and demanded her pocketbook. He searched through her purse for money and when he did not find any he took her cigarettes instead.

Less than 24 hours after the first robbery, Cater rear-ended another car at the intersection of Colony Road and Runnymede Lane. Two women exited the vehicle to see how much damage had been done to the vehicle. That is when Carter approached them with what they thought was a gun. He pointed it at them and demanded that they get back into the car. He got into the car with them, forcibly demanded money, and made them drive to a nearby ATM. He was apparently unable to get any money out of the ATM. Carte then made the women drive to Ferncliff Road where he made one of the women exit the car.

He raped the woman he made get out of the car while he forced the other woman to watch in horror. Carter managed to hold a gun on both of the women while he was raping one woman. He took the money that they had on them, which amounted to $6.00 and then he left the scene. Thirty minutes after robbing and raping these two women, Carter rear-ended another woman and stole her purse.