Charlotte Criminal Lawyer Blog

Castle Doctrine Could Keep Salisbury Man from Criminal Charges

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

Recently, Arnold & Smith, PLLC attorney, J. Bradley Smith, was asked to speak to Charlotte News Channel 14 regarding an unusual criminal case in Salisbury. Police in Salisbury, North Carolina are investigating a fatal shooting, with a twist. Police responded to a shooting at Jack Jarvis’s home. An intruder came into the house with a weapon and clearly intended to rob Jarvis. Post #2 criminal image 2.23.12.jpg The intruder, 23-year-old Marlon Barber, barged into Jarvis’s home and pointed the gun at him. Barber wanted money and started brutally beating Jarvis over the head with the butt of the gun.

Jarvis, however, was not going down without a fight. He got the upper hand and the two struggled. During the fight, Barber dropped the gun. Jarvis later said, “He dropped the gun. We both looked at each other, looked back at the gun and it was a race to the gun.” Thankfully, Jarvis won that race. He picked up the weapon and shot Barber once in the chest, fatally wounding him.

While police are still investigating the shooting and have not made a determination of whether the shooting was in self-defense, Salisbury Chief of Police Rory Collins said, “On the surface, it certainly does look like a matter of self-defense. This individual came into a man’s home, uninvited, to rob him, producing a handgun.” Criminal defense attorney J. Bradley Smith said, “It would be very difficult in North Carolina, or frankly anywhere, to get a conviction on somebody for killing another person when they’re doing it in defense of their own home. That’s where you get the idea of the Castle Doctrine.”

North Carolina’s Castle Doctrine allows a person defending his or her home to use deadly force without being required to retreat prior to employing deadly force. In December 2011, however, the law was expanded to include not just the home, but also a person’s vehicle or place of employment. It is assumed that when a person attacks the victim at home, in the car or at work that person intends to kill or inflict serious bodily harm.

Charges Dropped, New Charges Filed Against North Carolina Man

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

According to a recent report by WCNC.com, police have brought new charges against a man who recently had several similar charges dropped. Police say that Lavatae Evans was recently arrested for rape, kidnapping and other sexual offenses, just two weeks after several other sexual offense charges were dismissed. According to the victim, she met Evans at the Charlotte Transit Center. Post #1 criminal image 2.21.12.jpg She knew him because they used to live together. She agreed to go with him to smoke pot, but when she tried to leave, Evans refused to let her go back to the Transit Center. Evan then pulled out a gun and took her back to his home on Brewton Drive in Charlotte. That is when the victim said that Evans raped her.

Just two weeks before his arrest, the district attorney dropped charges against Evans involving similar circumstances. Back in December, Evans and police had a standoff at his home in Brewton Drive. Police believed that Evans kidnapped two women and held them at gunpoint in his home. While the police were searching for him to arrest him for those charges, they claim that Evans sexually assaulted another woman. The district attorney dropped all of the charges related to these two offenses because the victims gave inconsistent statements. Also, the police were not able to collect valuable evidence against Evans because the victims left the hospital before a sexual assault kit were performed. The police also tested the gun used in the previous kidnapping for the presence of DNA. The testing revealed that there were three different people’s DNA present on the gun, making it difficult for prosecutors to prove beyond a reasonable doubt that Evans was the perpetrator of the crimes.

Convicted and Released North Carolina Man Could Face New Murder Charge

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

After having been arrested, tried, convicted, sentenced, confined and then released, a North Carolina man might go back to jail for additional murder charges stemming from the same incident, according to a recent report by WBTV. Nearly 15 years ago, Maurice Lacato Phifer shot John Lewis Southerland. At that time, Southerland did not die from his injuries, but was left paralyzed from the neck down. Last month, Southerland died from complications associated with his injuries. Post #2 criminal image. 2.16.12.jpg The medical examiner has ruled Southerland’s death a homicide and now prosecutors are considering whether to charge Phifer with Southerland’s murder.

In 1999, two years after the shooting, Phifer was convicted of Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury. In 2007, Phifer was released from prison. Prosecutors now have to decide whether they have enough evidence to try Phifer for murder. After the appeal, much of the important evidence in the case was destroyed, which will make it extremely difficult to convince a jury of Phifer’s guilt beyond a reasonable doubt. To demonstrate that Phifer is guilty of Southerland’s murder, the prosecutors would have to prove beyond a reasonable doubt that Southerland’s death was directly related to the shooting, even though Southerland died nearly 14 years after being shot.

The prosecutors would also have to consider whether charging Phifer with murder would violate his right to not be tried for the same crime twice. The principles of double jeopardy are some of the most difficult in criminal procedure. The United States Supreme Court has struggled to define “same offense” and “jeopardy.” The current law is the Blockburger test, which asks whether each offense requires proof of an element that is not contained in the other one. Thus, if each offense has an element that is unique to it, the offenses are not the same and a defendant can be charged with both. If however, one of the offenses contains all of the elements of the other offense, the prosecution of the second offense is banned by the double jeopardy clause.

Dilworth man arrested for public exposure

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

According to a recent article at WCNC.com, Charlotte-Mecklenburg Police have arrested a man they said exposed himself to various women in the Dilworth area of the city while riding a bike.

Post #1 criminal image 2.14.12.jpg Michael Adams was arrested at his home earlier this week where he was then charged with exposing himself to a woman near Dilworth Elementary School. He was also charged with a separate incident of exposure involving a different woman that took place on East Park Avenue. Police have said that they are also investigating whether Adams is connected to other recent reports of flashing across the Charlotte area. One such incident was reported on a public jogging path near Dilworth.

One of Adams’ neighbors, Prince Pegeuese, witnessed police arresting Adams. “I saw his bicycle in the back of a police cruiser and I thought he had stolen a bike or something,” said Pegeuese. Since the arrest neighbors have said that Adams did not own a car and would often ride his bicycle into the Dilworth area.

Adams is not listed on the N.C. sex offender registry, but he does have a criminal background that includes arrests for breaking and entering and assault.

Charlotte Police Still Looking for Suspect in North Carolina Drive-By Mall Shooting

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

According to a recent report by WBTV.com, a man who was wounded during a drive-by shooting at the Northlake Mall has been recently released from the hospital. The victim was 23-year-old Gregory Tillery. He was wounded while he was trying to get into his car parked outside of Dick’s Sporting Goods Store. On Monday, February 6, 2012, the police were called to the Northlake Mall after the caller reported a shooting in the parking lot. The officers who arrived on the scene found that the victim had been injured by a gunshot wound to the leg. He was expected to make a speedy recovery, despite earlier reports which said that the victim had suffered life-threatening injuries.

Post #2 criminal image.2.9.jpg Witnesses reported no less than five shots fired during the shooting. They indicated that as Tillery, the victim, was getting into his car, another vehicle pulled up and fired directly at him. Tillery was accompanied by another man. Police say the suspect also fired at him, but the bullet went through the legs of his pants and he was luckily not injured. The police are continuing with their investigation. They are looking at security footage to see if an image of the shooter was caught on videotape. Also, police are interviewing those who were with the victim and are interested in finding out why someone might want to shoot him.

Police were able to get a description of the suspect. Witnesses described him as a black male with dreadlocks. The witnesses also say that he was driving a white Ford SUV, either an Excursion or an Expedition, with some kind of trim at the bottom of the vehicle, either gold or tan. Police are asking that anyone who knows any information contact Crimestoppers.

Several other cars were hit by stray bullets. Fortunately, the cars were empty at the time and no other people were injured. The investigating officer, Lt. Brian Foley, said that if the circumstances had been different, this incident could have turned into a tragedy. One witness said, “They could have hit anybody else. [I]t could[‘ve] been somebody’s kid. [I]’s scary… What if it was your family[?] [W]hat if it was your kid or someone you knew[?]”

Charlotte mother charged with child abuse

Published on: February 7, 2012 | On behalf of Arnold & Smith, PLLC

Post #1 criminal image 2.7.12.jpg According to a recent report by WBTV, a Charlotte, North Carolina, woman has been charged with multiple counts of child abuse after being caught on camera injecting something into her daughter’s IV in the hospital. Ladonna Parlier, 26, was arrested after police determined that she had abused her 5-month-old daughter on several occasions. The little girl remains in stable condition at Carolina Medical Center-Main. On the night of Wednesday, February 3, 2012, police were called to the hospital after officials caught her “aspirat[ing] blood from [the infant] and then [inject] some unknown substance into the victim with syringes, while both of them were staying in the same room.”

After a combined investigation with the Department of Social Services, the police charged Parlier with child abuse. It was unclear from the article why the 5-month-old was in the hospital in the first place, but the police had been investigating Parlier for child abuse allegations prior to the hospitalization of the victim.

Parlier’s family is in shock that she could be accused of such a heinous crime. Her husband, Tim, said, “I can’t point fingers at her, point all the blame, but waking up this morning learning new stuff… I can’t rule it out.” Tim also revealed that after the baby was born, Parlier was prescribed antidepressants, but at the time of the incident she had stopped taking them. Her brother also expressed his shock and confusion about the charges that his sister is now facing. He said, “Right now we’re confused, because we thought she would not do anything of this nature… I don’t think there’s anything in the world that she loved more than that baby.”

When Parlier was arrested, she was charged with five counts of child abuse inflicting serious injury, which are felony counts, and five counts of child neglect, which are misdemeanors. Her bond is set at $137,500. She is supposed to appear in court this Friday, February 10, 2012, which will be her first court appearance since her arrest.

North Carolina Death Row Inmate Challenges Sentence under Racial Justice Act

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

Post #2 criminal image 2.2.12.jpg On Monday, January 30, 2012, arguments began in a Racial Justice Act case, a case in which a death row inmate is challenging his death sentence by attempting to demonstrate the presence of racial bias as a factor is his sentencing. According to a recent report by the Charlotte Observer, inmate Marcus Robinson, who has been on death row for over 17 years, is trying to convince a judge that under the Racial Justice Act his death sentence should be commuted to life in prison.

Robinson’s case is the first hearing held since the controversial Racial Justice Act was passed and since Governor Perdue vetoed a bill that would have repealed the law. Robinson was tried and convicted of the kidnapping and murder of Erik Tornblom. Prosecutors say that Robinson kidnapped the 17-year-old Tornblom, stole his car, and took $27.00 in cash before killing him with a gun-shot blast. Robinson was assisted by his accomplice, Roderick Williams. Williams was convicted and sentenced to life in prison while Robinson received the death penalty. Both Williams and Robinson are black. Tornblom was white.

As a result of the different races of the defendant and the victim, Robinson is attempting to argue that racial bias was a significant factor in jury selection and in sentencing. His attorney is planning to present statistical evidence of racial bias and disparities to demonstrate the presence of racial bias in Robinson’s trial. Robinson is free to challenge the presence of racial bias at any stage of the process. If Robinson can prove racial bias at any level, the Racial Justice Act provides that his sentence may be converted from a death sentence to a life sentence. His attorney will argue that during his 1994 trial, prosecutors struck black jurors from the jury venire at a much faster rate than they struck white juror. The end result was a jury made up of nine white jurors, one Native American juror, and two black jurors.

The evidence presented will likely consist of expert testimony from a study conducted by University of Michigan Law School researchers. The study focused on capital cases out of North Carolina. The researchers came to an interesting conclusion: “[Q]ualified black jurors – those not released for cause, such as their opposition to the death penalty – were struck by prosecutors nearly two times the rate as qualified white juror.”

The Racial Justice Act was passed in 2009 in response to three North Carolina inmates being released from prison after finding that their convictions were based on questionable evidence, faulty testimony, prosecutorial misconduct, and ineffective assistance of counsel. It gives judges the option of considering statistical evidence as proof of racial bias, which is not available under federal law, even though federal law allows inmates to challenge convictions and sentences based on racial bias.

Charlotte Restaurant Killing Sparks Questions over Background Checks

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

Post #1 criminal image 1.31.12.jpg As mentioned in a previous post, the story of the ex-felon hired to work at a café who then allegedly killed a pregnant manager by fatally stabbing her during a robbery continues with new information being released. The newest information demonstrates the need for small businesses to perform background checks, as well as the risks taken when hiring employees with criminal records or the exposure to legal liability faced when failing to conduct thorough background checks on job applicants.

The Charlotte Observer reports that state records show the 22-year-old suspected killer was released from prison in November 2011, after serving nearly two years for robbery and breaking and entering. He is accused of stabbing the pregnant 25-year-old restaurant manager to death and prosecutors say he will also be charged with a second count of murder for the woman’s unborn child.

The Flying Biscuit Café in Charlotte, North Carolina also faces possible fines or other penalties from the Alcohol Law Enforcement (ALE) division for hiring the ex-felon since a state alcohol law does not allow businesses to hire felons convicted in the last three years for jobs that involve serving alcohol.

According to the article in the Observer, the cafe’s owner told ALE agents that no background check was performed on the suspect, even though he had acknowledged a past conviction during his interview. It’s uncertain though if the owner of the restaurant knew the nature of the previous conviction. The café worker was convicted in 2009 of robbing a drive-in restaurant where he worked and was put on probation for the crime but then sent to prison after subsequently being charged with breaking and entering.

The president of a Charlotte-based human resources group, The Employers Association, who was interviewed for the story said that many small businesses “just don’t think about background checks, or say they don’t have the money.” A survey of The Employer Association’s nearly 900 member businesses revealed that while 90 percent of large companies with 500 or more employees in the Charlotte region performed pre-employment background checks, only about 20 percent of small businesses with 20 or fewer employees said they conducted background checks. Such failure to pay on the front end for a background check may ultimately cost the owner of the café far more in the long run.

Charges Follow Fatal Charlotte Car Crash

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

Post #2 criminal image 1.27.jpg Two teenagers were involved in a crash that killed one, a 17 year-old-girl, and injured another, the 16-year-old driver. The driver, Garrett Prince, has been charged with multiple counts in connection with the crash, including “felony death by motor vehicle, driving while impaired, provisional DUI, careless and reckless driving, having an open container of liquor, speeding and possession of marijuana.”

The officer who filed the crash report indicated that the vehicle was going in excess of 75 mph when the vehicle struck a tree. The passenger, Elizabethh Malloy, died as a result of the impact. Witnesses said the teens were at a party where alcohol was served to guests. Investigators are currently trying to figure out how and why alcohol was served and who was responsible for its presence at the party. Witnesses said that Prince had been drinking and smoking at the party. He was described as being severely intoxicated, but Elizabeth did not realize how impaired he was when she chose to jump into his Jeep.

It is a criminal offense to supply minors with alcohol. Investigators say that they will arrest anyone who is responsible for supplying the alcohol and drugs to these teenagers at the party. According to the law in North Carolina, those who supplied the teens with alcohol can face a significant criminal penalty. They face up to $1000 fine and could also be required to perform up to 150 hours of community service.

Charlotte, NC Crime Rate Drops

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

Post #1 criminal image 1.24.12.png According to a recent report on WBTV.com, the crime rate in Charlotte has dropped to its lowest level in more than 20 years. The police department released crime statistics for the year 2011 and they revealed that the homicide rate dropped 6.8% from the previous year. In 2010, there were 59 homicides in the city of Charlotte, but in 2011, there were only 55 homicides in Charlotte. The homicide rate for 2011 is the lowest the rate has been since 1988. As a result, the overall crime index has also gone down 7.1%. There was also a substantial decrease in property and violent crimes the last calendar year. Property crimes went down nearly 8% while violent crimes decreased by just over 2%.

The Chief of the Charlotte-Mecklenburg Police Department attributes the success to a strong working relationship with the Office of the District Attorney. Chief Rodney Monroe said, “I couldn’t have asked for a better relationship with the District Attorney’s Office that sees things as we do… The priorities [of] making sure that we focus on the right people, mak[ing] sure we receive stiffer sentences for individual who are committing crimes, as well as not randomly letting people out of jail… [that] we arrest.”

The victory is not complete because not all of the crime categories saw a decrease. The Charlotte-Mecklenburg Police actually reported a 4% increase in aggravated assaults. In addition, even though crime as a whole went down, when the statistics were broken down by individual divisions, some of those individual divisions saw an actual increase in crime. This simply signifies to the Chief that there is still work to do. “We’re always looking for ways to do things better, whether it’s in communications, on the street, [or] whether it’s in the DA’s office,” Chief Monroe told WBTV.

For the Chief it seems that he has found something that is working. He has vowed not to implement new strategies, but to continue to build on what was working to get this significant drop in crime. “Rather than trying to develop new strategies and with the DNC coming up –let’s try what we’ve been successful on and see if we can take this to a new level.”