Civil Rights

Jury clears officer who shot and killed unarmed backseat passenger during traffic stop

Published on: January 7, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”

The “Hands up, don’t shoot!” moniker is all the rage in the United States, with prominent professional athletes in the National Basketball Association and National Football League, as well as well-known celebrities, politicians, political pundits and media figures adopting the meme—some displaying the same on tee shirts proclaiming the phrase.

Long before the rage—before Michael Brown was shot to death by Officer Darren Wilson in Ferguson, Missouri, and before New Yorker Eric Garner died after being wrestled to the ground by a small team of New York City police officers—an unarmed backseat passenger in Billings, Montana was shot to death for failing to raise his hands during what began as a simple traffic stop.

Officer Grant Morrison said that on the night of April 14, 2014 he saw a car “turn quickly and decided to follow it.” After following it, Morrison said, he pulled the car over because of a “light violation.” Richard Ramirez was a passenger in the car.

Morrison testified at a hearing that after pulling the car over, he noticed that the back right passenger was pushing against the door. Morrison ordered all of the car’s occupants to raise their hands, but the 38-year-old Ramirez kept fumbling for something in his pocket.

“Wings on pigs” post protected by First Amendment, says legal expert

Published on: December 31, 2014 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Americans are well informed of the facts—and the rhetoric—surrounding the high-profile police killings of Michael Brown in Ferguson, Missouri and Eric Garner in New York City this past summer. Most are just as familiar with killing of two New York City police officers last weekend by a man who said the point-blank shootings were retribution for Garner’s killing.

The man—Ismaaiyl Brinsley—allegedly posted on the website Instagram some three hours before fatally shooting officers Wenjian Liu and Rafael Ramos that he was “Putting Wings on Pigs Today.” The term “pig” is an insulting form of slang that refers to a law-enforcement officer. One gives someone wings—a reference to angel’s wings—by murdering someone. Brinsely’s post, translated, meant he planned to kill some police officers.

Now police in Chicopee, Massachusetts are seeking a criminal complaint against a 27-year-old man who also allegedly used the phrase “put wings on pigs” in a post on his Facebook page. That man—Charles DiRosa—is not accused of killing anyone, but police view the comment as a threat, according to Chicopee Police Department spokesman Michael Wilk.

The complaint, filed by members of the detective bureau in Chicopee District Court, is described as a “show-cause” complaint. A report by the local CBS affiliate described the charge against DiRosa as a “Threat To Commit A Crime.” At the show-cause hearing, the District Court will decide whether the complaint is valid. If so, DiRosa will be entitled to have a trial to answer and defend against the charge.

Constitutional Crisis?

Published on: November 20, 2014 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

Many politicians and pundits appear to view the world through one of two sets of eyes. The Grand Old Party’s elephant has its eyes, and the Democrat donkey has a pair, but the Constitution—which predates them both—speaks of “We the People.”

What happened to “We the People”?

We formed, at the outset of our republic, a union to “establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.” That union—formed by thirteen colonies and enlarged over two-and-a-quarter centuries to fifty states—came into being on the basis of a single document: the Constitution of the United States.

If the Constitution ceases to exist, so too the union it wrought. Even a casual review of the Constitution’s basic provisions illustrate just how dangerous President Barack H. Obama’s countenanced “executive action” on immigration is to our country.

Article I, Section 1 of the Constitution vests “All legislative Powers… in a Congress of the United States,” which Congress consists of a Senate and House of Representatives. “Legislative power” means the power to make laws. Under the Constitution, only the Congress—the Senate and the House of Representatives—has that power.

Mayor whose voting were rights stripped after conviction in hot water for voting anyway

Published on: November 11, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?

Former Charlotte mayor Patrick Cannon found himself back in federal court in Charlotte last Thursday, where he faced the same federal district court judge who sentenced him to 44 months in prison last month.

Judge Frank Whitney told Cannon he embarrassed the city by accepting bribes in the mayor’s office and then embarrassed the city again by voting in this year’s elections.

Cannon cast his votes on October 30 at Community House Middle School, records show. In the State of North Carolina, persons convicted of felonies are ineligible to vote.

The United States Attorney argued that Cannon was a sophisticated voter and should have known that he had been stripped of his voting rights. The government asked that Cannon’s bond be revoked and that he be placed in custody immediately.

Judge Whitney agreed that Cannon had violated the terms of his bond but declined to place Cannon in immediate federal custody. Instead, Cannon will be fitted with an electronic monitoring device and will be confined under house arrest until he reports to a minimum security federal prison in West Virginia at the end of the year.

Businesses face civil and criminal penalties for refusing same-sex business

Published on: October 21, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?

Officials in a northern Idaho city have threatened two citizens with arrest, fines and imprisonment after the citizens “politely declined” a same-sex couple’s request to be married at their wedding chapel.

Donald and Evelyn Knapp, who own the Hitching Post wedding chapel in Coeur d’Alene, Idaho, were notified by city authorities that they violated Coeur d’Alene’s city code Chapter 9.56, which provides for “equal opportunities for employment, housing, commercial property, and the use of public accommodations… regardless of sexual orientation and/or gender identity/expression[.]”

City Attorney Warren Wilson told the Idaho Statesman that the term “public accommodations” applies to wedding activity, noting that similar laws have applied to florists, bakeries and photographers in other states who refused to work on same-sex weddings.

Donald Knapp told KXLY in May that he could not unite people in a way that he believes is in conflict with what the Bible teaches. The Coeur d’Alene ordinance provides exemptions for religious organizations, but the Knapps’ wedding chapel is a for-profit business, so the exemptions do not apply to them.

The Knapps face a 180-day jail term and $1,000 per-day fine for each day they decline to perform the same-sex wedding. Under Title 1, Chapter 1.28(B) of Coeur d’Alene’s city code, the penalties are cumulative, meaning the Knapps face a separate 180-day jail term and $1,000 fine for each day on which their refusal continues.

City backs away from attempt to seize sermons from pastors who objected to ordinance

Published on: October 16, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?

A group of Texas pastors who participated in a political effort to repeal a controversial city ordinance have been targeted by pro bono attorneys representing the City of Houston.

The pastors and others filed a lawsuit after petitioning unsuccessfully to repeal Houston’s “Equal Rights Ordinance.” Attorneys representing the city subpoenaed sermons and other materials related to the ordinance, to Mayor Annise Parker and the subject of homosexuality. On Wednesday, however, Mayor Parker backed away from the subpoenas, calling them overly broad and appearing to agree with critics who said the subpoenas trampled on the pastors’ free speech rights.

The ordinance was passed this spring with great fanfare, however the “roaring chorus of cheers” that erupted inside Houston’s city hall in May has dulled, and the passage of the anti-discrimination ordinance that precipitated those cheers is circling into a drain of acrimony.

The council that governs Texas’ largest city passed by a vote of 11-6 what many consider to be Mayor Parker’s signature achievement. The ordinance was passed after a string of hotly-contested public meetings.

The ordinance outlaws discrimination based on a variety of factors. Initially Mayor Parker suggested that the idea for the ordinance arose after African-American men complained that they were refused entry to nightclubs in the city based on their race.

Proposed “smoking” ban just the latest assault on personal freedom

Published on: September 9, 2014 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”

Mecklenburg County wants to ban cigarette smoking, chewing tobacco and electronic cigarettes on public lands, including golf courses, greenways and parks. It lacks the legal authority to prohibit products that are not “lighted” cigarettes, cigars, pipes, “or other lighted tobacco product[s].” That is because Article 23 of Chapter 130A of the North Carolina General Statutes—the law from which the county derives its authority to regulate smoking—does not give the county the power to regulate products that are not “lighted.”

The county still wants to move forward with the ban. The initiative is being spearheaded by Mecklenburg County Health Director Marcus Plescia. He said smoking is Mecklenburg County’s greatest health hazard. County commissioners will vote on the ban on Sept. 17.

Plescia said the County would enforce the ban by spending $100,000 to $200,000 on signs that would “make it clear where you can smoke and where you cannot smoke—people will follow the rules.”

I am a criminal defense attorney, and my professional experience tells me many people will not follow the rules. Many people will smoke, chew tobacco and use electronic cigarettes in prohibited spaces, even if commissioners pass their ordinances.

Then what happens? North Carolina’s anti-smoking law provides that violators shall bear “no consequence other than payment” of a 50-dollar fine. I believe offenders will still end up with criminal charges as a result of the ban.

DOJ wants Alamance County Sheriff to respect the Constitutional rights of Latino drivers

Published on: August 14, 2014 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Driving-while-Latino makes you ten times more likely to be pulled over in Alamance County for committing a traffic infraction. That is according to a 2012 statistical study commissioned by the United States Department of Justice. Sheriff Terry Johnson told officers manning vehicle checkpoints to “go out there and get me some of those taco eaters,” according to a civil rights lawsuit brought against Johnson in 2012. A trial in that case began on Tuesday in United States Federal Court for the Middle District of North Carolina.

In its lawsuit, the United States asked the court to order Johnson and sheriff’s deputies to stop discriminating against Latinos and to adopt systems and policies that eliminate discrimination. Johnson denied the allegations in his answer to the lawsuit and moved for dismissal.

In order to prove its case, the United States must show that law-enforcement officers engaged in “a pattern or practice” of activities that denied Latinos in Alamance County their Constitutional rights. One of the most difficult elements of proving such a claim is demonstrating that the accused had “discriminatory intent.”

The United States has used Johnson’s past statements, emails sent to and from the Alamance County Sheriff’s Office, and statistics on law-enforcement activities in an effort to show Johnson’s alleged bias. Johnson has responded that statements of opinion or political belief have been misconstrued by the government as evidencing bias on the part of law-enforcement officers against Latinos. Regarding law-enforcement efforts, Johnson alleged in his trial brief that, according to the Drug Enforcement Agency and Immigrations and Customs Enforcement, ninety-percent of drug traffickers in Alamance County are Mexican, while one-hundred percent of drug and money couriers are Mexican.

Arizona man’s “botched” execution fans flames of anti-death penalty sentiment

Published on: July 24, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Lawyer Brad Smith answers the question “Should I ever plead guilty to a charge?”

An Arizona man executed Wednesday was denied access to information about drugs used during his execution. The man’s lawyers fought unsuccessfully to obtain information about the drugs and whether those conducting the execution had any experience using them.

The man—Joseph Rudolph Wood, III—was sedated at 1:57 p.m. after a stay of his execution entered by the 9^th Circuit Court of Appeals was lifted by the U.S. Supreme Court. The stay had been entered to allow Wood’s lawyers additional time to explore the efficacy of drugs to be used in the execution. States like Arizona have shrouded the identity of drugs and their makers in secrecy after the United Kingdom and European Union imposed restrictions in 2010 and 2011 on the export of anesthetics used in executions.

The ban on exports led to a shortfall of pentobarbital and sodium thiopental—two drugs traditionally used in lethal injections—leading states conducting executions to seek out substitutes. One state—Oklahoma—used a new drug combination during the April 29 execution of 38-year-old Clayton Lockett. Lockett was declared unconscious ten minutes into his execution, but three minutes later he began breathing heavily, writhing, clenching his teeth and straining to lift his head off a pillow. That prompted prison officials to lower the blinds to prevent those in the viewing gallery from seeing what was happening. Lockett eventually died of a heart attack.

In the Arizona case, after being sedated, Wood continued breathing and began gasping and snorting, according to his lawyers. An emergency hearing was convened, and the Arizona State Supreme Court was actually hearing from Wood’s lawyers when Wood was declared dead—some two hours after the execution began. A spokesperson for the Arizona attorney general’s office who also witnessed the execution said Wood was only snoring. “It was quite peaceful,” the spokesperson said. “He just laid there.”

North Carolina Student Jailed For Month After False Arrest

Published on: March 11, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “A past conviction is keeping me from finding work what can I do?”

A terrible recent story out of North Carolina seems to support the idea that no good deed goes unpunished. According to news reports, 20-year-old Lewis James Little, a sophomore at North Carolina Central University, spent nearly a month behind bars after reporting a crime to local police officers who wrongly concluded that he was involved in the matter.

The debacle began last summer when Little and a group of his friends from NCCU were getting together at another person’s home for an evening of hanging out. As they were walking into the house, Little and his friends spotted the body of a 25-year-old in the middle of the street.

Little says he and his friends were alarmed and while many wanted to call the cops, they were afraid at involving themselves in the matter. Little decided he needed to do the right thing and report the dead body, so he called the local police department.

Things started to go bad quickly after officers arrived on the scene when Little says he found himself facing intense questioning and was soon in handcuffs. Police say they thought he played a role in the break-in at a nearby home and that the robbery may have had something to do with the subsequent murder that left 25-year-old Michael Lee dead.