Charlotte Criminal Lawyer Blog

Police Acquisition of Cell Phone Data Makes Attorneys Nervous

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

According to a recent report by the Charlotte Observer, some in North Carolina are concerned about how the police are gathering and using cell phone data. Because of the ease with which law enforcement officials can obtain cell phone information, those concerned about the protection of civil liberties believe that police should be more diligent about obtaining warrants for that information.

Cell phone data has proven useful to law enforcement. Post #1 criminal image 4.9.12.jpg The technology allows police to track not only the calls made by a cell phone user, but also the phone’s location, and by implication, the location of the cell phone’s user. The problem is that the police can obtain that information from the cell phone service provider without the knowledge or consent of the cell phone user. This lack of knowledge or consent prompted the ACLU to conduct a study of the process and procedures that law enforcement officials use to obtain cell phone records. The study revealed a disturbing trend.

The Charlotte-Mecklenburg Police Department told the ACLU that its policies require producing a search warrant issued by a judge prior to obtaining cell phone records. Before the judge will issue a search warrant, the officer applying for the warrant has to show probable cause.

Other police departments do not require its officers to obtain a search warrant prior to receiving cell phone records, giving some Charlotte criminal defense attorneys cause for concern. One attorney said, “The states and the federal government haven’t set up laws about what is still private and what is protected activity. The government hasn’t kept up with the technological advances. The police are getting to know all kinds of information that should be private.”

Trayvon Martin’s Family Speaks Out

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

According to a recent report by WBTV news, the lawyer’s for Trayvon Martin’s family gave an exclusive interview to the board of the National Association of Black Journalists (NABJ). One of the reporters for WBTV is a regional director for the association and sat in on the interview.

For those who may not know, Trayvon Martin is the 17-year-old young man from Florida who was killed by George Zimmerman, the head of the neighborhood watch in his area. Zimmerman is claiming that the killing was in self-defense. Post #2 criminal image 4.4.12.jpg The initial investigation by the Sanford, Florida police department did not result in an arrest of Zimmerman. Since then, Martin’s death had received national media attention and now the case is under investigation by the Florida State’s Attorney’s office and the Justice Department.

Daryl Parks represents the Martin family. He told NABJ that the family has meet with the state’s attorney’s office and with the Department of Justice. They are waiting to hear from both agencies about how long the investigation will take, but the family is hopeful and optimistic, believing that eventually they will have justice for their son.

Parks expressed his opinion about the legal significance of the evidence against Zimmerman. He said that he does not believe that there is enough evidence to charge Zimmerman with a hate crime, which would eliminate the federal government from the potential prosecution; however, he does believe that there is enough evidence to make an arrest for some form of homicide.

In addition to the potential criminal charges, Parks told NABJ that the family is going to file a civil claim against Zimmerman and against the Home Owner’s Association. “Parks told the NABJ he has information to show the HOA told residents how to handle any problems within the neighborhood – that was to call police first and Zimmerman next. The question then is – did the HOA deputize Zimmerman to protect the community?” If the HOA gave Zimmerman the power to protect the community and he did so in a way that was against the law, the HOA may be liable for Martin’s death.

The Martin family was recently Washington, D.C. being briefed by the House of Representatives on hate crimes. They were hosted by Representative Shelia Jackson Lee of Texas who believes that the federal government should do whatever it can to put pressure on the state of Florida to arrest and try Zimmerman.

North Carolina Murder Trial Heats Up with Taped Confession

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

A report from WBTV reveals that Danny Hembree’s murder trial is heating up. Prosecutors in the trial played Hembree’s taped confession for the jurors on Monday, March 26, 2012. Hembree was being interviewed by the police when he confessed to killing Randi Saldana.

During the interview, Hembree told investigators that he had to get some things “off of his chest.” He was calm when he revealed how he had lured Saldana to his mother’s house in 2009 with the promise of crack cocaine. He told them that he used his hands to choke her and then repeatedly punched her in the face. He said, “It just seemed like she wouldn’t die. She wouldn’t stop bleeding.” Post #1 criminal image 4.2.12.jpg Hembree also told investigators that the murder happened while his mother was in the kitchen.

On Thursday, March 22, 2012, Saldana’s sister, Shellie Nations, took the stand at Hembree’s trial and choked back tears as she had to identify the butterfly necklace and boots that Saldana was wearing the last time she saw her sister alive. On cross-examination, Hembree’s defense attorney asked Nations about Saldana’s drug abuse.

After Nations’ testimony, the prosecutors played Hembree’s confession to the jury. They also showed the jury the lamp that Hembree used to tie up Saldana’s legs. During the confession, Hembree admitted to setting Saldana’s body on fire and then taking her body to South Carolina to dump it.

Hembree is a unique defendant because at the time of this trial, he was currently serving a capital sentence for the murder of Heather Cotton, who was 17 at the time of her death. In Saldana’s case, the prosecutors did not pursue the death penalty.

North Carolina Official Facing Felony Larceny Charges

Published on: March 29, 2012 | On behalf of Arnold & Smith, PLLC

The former town administrator for Harrisburg, North Carolina is currently facing several felony charges according to a recent report by the Charlotte Observer. Michelle Reapsmith has been charged with three separate counts of receiving property by false pretenses. The charges come after an intense investigation and audit of the town’s financial records.

According to Bob Scaggs, a member of the Harrisburg Town Council, the investigation began after an inspection of the town’s financial records raised red flags while Reapsmith was reviewing contracts for the city. harrisburg town hall.jpg At that point, the Cabarrus County Sherriff and the State Bureau of Investigation began to take a closer look at the town’s financial records. The article in the Charlotte Observer does not go into detail regarding the discrepancies in the financial records.

Back in October, the town council called an emergency Saturday meeting and voted to remove Reapsmith from her position without pay until her contract expired in November. According to Reapsmith, it was mutually beneficial for her to step down. She was hired in 2009 as the town’s financial director and then was promoted in 2010 to the town’s administrator. When she was hired, however, she was not the candidate recommended for the position by the North Carolina Council of Governments, according to Mr. Scaggs. Because of the discrepancies with the financial record, Reapsmith was not paid a severance package after she was removed from her position as town administrator.

After being charged with three counts of receiving stolen property under false pretenses, records reveal that Reapsmith’s initial appearance in court was for Monday, March 19, 2012. The district attorney, however, did not have a record of the charges as of Tuesday, March 20, 2012, according to a representative of the Carrabus County District Attorney’s Office.

Military Officials Release Name of Soldier Accused of Massacring Civilians in Afghanistan

Published on: March 27, 2012 | On behalf of Arnold & Smith, PLLC

After weeks of no comment from the Pentagon, military officials finally released the name of the man who is accused of slaughtering innocent civilians in Afghanistan. The soldier’s name is Sgt. Robert Bales. He is currently in custody at a federal military prison in Ft. Leavenworth, Kansas; however, he has yet to be brought up on any criminal charges.

Bales is accused of abandoning his base in the Kandahar province in Afghanistan and going into a nearby village where he opened fire on the residents, killing 16 civilians, most of whom were women and children. Post #1 criminal image 4.8.12.png After the incident, the relationship between the United States and Afghanistan suffered even more. Many of the Afghani officials wanted Bales to be tried in Afghanistan, but since Bales allegedly surrendered immediately after the incident, the United States quickly transported him off of the battlefield and his wife and two children were moved onto the local military base closest to their home for their protection.

Bales’s attorney, John Henry Browne, is already hard at work laying the groundwork for his client’s defense once criminal charges are brought against him. Browne says that Bales had no desire to go to Afghanistan in December when he was deployed there. He had already severed three separate tours in Iraq and as a result of injuries and what he had experienced there, Bales suffered from post-traumatic stress disorder. In fact, on the day that he allegedly embarked on his killing spree, Bales witnessed a fellow soldier have his leg blown off during an explosion. In addition to this, there are reports that suggest alcohol may have been a contributing factor.

Charlotte Hotel a Hotbed for Crime

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

According to a recent report by Fox Charlotte, a local hotel has given many residents of the area pause. The Charlotte Inn, which is located on Independence Boulevard in Charlotte, has been the scene of many violent and drug-related incidents. The police have been called to the Charlotte Inn several times recently. Post #2 criminal image 3.21.12.jpg Residents are beginning to consider moving to different areas of the city to avoid the potential dangers.

One East Charlotte resident, Jason Van Buren, said that he liked the neighborhood and thought it was a good place to raise his family, but the Charlotte Inn, which is only steps away from his front door, has brought in some trouble to the neighborhood. According to Fox Charlotte, in the past year, the police have been involved in 40 incidents at the Charlotte Inn, and in June 2011, a man was brutally murdered at the Inn.

Van Buren and others in the neighborhood believe that the City of Charlotte could be putting in more of an effort to curb the problems at the Charlotte Inn. The Chair of the Eastside Political Action Committee, Ed Garber, believes that the police have not done enough about the crime at the Charlotte Inn. He believes that the police are overwhelmed with other things and if the city will not make the area more viable, then the police have no reason to care.

Charlotte Cold Case Squad Hard At Work Solving Old Crimes

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

According to a recent report by WCNC, the CMPD’s cold case squad is thriving. Created six years ago, the Charlotte-Mecklenburg Police Department’s sexual assault cold case unit, has had tremendous success solving sexual assault cases that no one ever thought would be solved. It was one of the first sexual assault cold case teams in the nation. Initially, only one detective was assigned to solve the cold cases, but since then, the department has received grants from the Justice Department to thoroughly staff the squad.

Post #1 criminal image 3.14.12.jpg In addition to the detectives, the squad also has its own prosecutor dedicated to ensuring that the perpetrators of these crimes are brought to justice. Barry Cook, once a member of the Mecklenburg County District Attorney’s office, came out of retirement to assist the cold case squad in prosecuting the offenders that they are successful in apprehending. Cook said, “There’s a lot of satisfaction in playing a part in solving these cold case sex crimes and putting whoever’s responsible for these crimes in prison.”

The cold case squad spends the majority of its time meticulously going over old case files. They try to find new avenues of investigation and look for new evidence to test for biological evidence, the presence of which will make the prosecution relatively easy, according to Cook. The team has the luxury of the advances in technology that the original detectives involved in these cold cases did not have. New technology allows technicians to extract DNA from the most miniscule of biological samples. Samples that were once thought of as too degraded for analysis are now proving to be useful pieces of evidence.

Challenges, however, are present even with the advances in technology. The presence of DNA does not necessarily lead to a conviction. The detectives still have to conduct a thorough investigation to contextualize the DNA evidence should it even be present. Detective Troy Armstrong, a member of the team, said, “DNA is why we can solve these cold case rapes. . . . But DNA is not the magic bullet. It’s only a part of the puzzle. We have to put the entire puzzle together. It’s not a slam-dunk case just because we have DNA.”

NASCAR Driver Faces Charges

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

WBTV recently reported that former NASCAR driver Jeremy Mayfield has been indicated on three counts of possession of stolen goods and one count of obtaining property by false pretenses. Post #2 criminal image 3.1.12.png After turning himself in to the sheriff, he was released on a $25,000 unsecured bond. Mayfield and his attorney vehemently deny all the charges against him. According to his attorney, Robert Freeman, Mayfield would be entering a plea of “not guilty.”

The charges stem from incidents that happened between November 1 and November 16, 2011. Red Bull Racing, Fitz Holdings, and DEA Ventures claim that Mayfield stole thousands of dollars’ worth of property. The indictment also alleges that Mayfield stole a metal plate worth about $1,200. A search of Mayfield’s home back in November revealed several items that had been stolen. The Sheriff’s Office said that during the search they found firearms, methamphetamine, and several stolen items from Lee Boy, Inc. and Larry Grant, Inc. The Mooresville police also found audio and video equipment that was stolen from Red Bull Racing.

In May 2009, Mayfield was suspended from NASCAR indefinitely after he failed one of the association’s random drug tests. He told reporters that the test registered a false positive after he took allergy medicine and Adderall. As a result of these tests, there have been several lawsuits filed between both parties.

Gastonia Man Suffers because of Courthouse Document Mishap

Published on: February 28, 2012 | On behalf of Arnold & Smith, PLLC

A recent article in the Gaston Gazette tells the story of a Gastonia, NC man who could not get a job because the courts mixed up his name with the name of a another man charged with stealing a dog. Post #1 criminal image 3.8.12.jpg John Ashley Wilson was trying hard to get a job as a certified nursing assistant, but he was consistently told that his criminal record was preventing him from being hired. Wilson knew that he has some minor criminal charges in the past, but they had been dismissed. Then he received a letter for the North Carolina Administrative Office of the Courts. It informed him that his federal income tax return for that year was being used to pay his public defender. Wilson knew that he had not recently been in court. Wilson then took a trip to the Gaston County courthouse, which is where he finally got to the bottom of the mystery.

After a visit to the Gastonia Police Department, Wilson learned that he had been charged with felony larceny of a dog. The arresting officer was there and told his supervisors that Wilson was not the man he had arrested for stealing the dog. The man he had arrested was a black man and Wilson was white. The name on the warrant application was John Allen Wilson III, a black man, whose date of birth was May 28, 1981. But, after the order for arrest came from the magistrate, John Ashley Wilson, born January 21, 1981, became the suspect.

How did this happen? The courthouse staff failed to properly organize the documentation. John Allen Wilson’s request for a public defender was inside of a folder along with Judge Sumner’s order for the theft of the dog based on John Ashley Wilson’s description. Sumner had the wrong file in front of him when he was entering the order. Wilson blames that sloppy organization of the courthouse staff for this mix up.

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.