Criminal Defense

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.

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.

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.

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.

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.

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, 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.”

Tainted Charlotte Officer Hit with New Allegations

Published on: January 6, 2012 | On behalf of Arnold & Smith, PLLC

Post #2 criminal image 1.6.12.png In a story that hits close to home at Arnold & Smith, PLLC, a recent report by the Charlotte Observer , discusses how troubled Charlotte-Mecklenburg Police Department Officer David Jones, III, is now facing new allegations from a suspect who has claimed that he was assaulted by the officer.

This newest allegation comes from Thomas Huminik. Huminik claims that in September of 2011, he was assaulted by Officer Jones after Jones responded to a call at a bank. Huminik and his wife were going through a bitter divorce and somehow ended up at the same bank at the same time. Once Huminik arrived at the bank, his wife called the police. Jones was one of the responding officers. Huminik claims that once he was outside of the bank, he was assaulted by Jones and another officer. His lawyer, Brad Smith, alleges that Huminik was punched, kicked, and thrown to the ground and none of those actions were justified. There is a surveillance video from the bank that shows the officers escorting Huminik out of the bank and seems to show that the officers are wrestling with Huminik.

As a result of that incident, Huminik was charged with assaulting an officer, communicating threats, and resisting arrest. However, all of those charges were recently dropped by the District Attorney. As it turns out Officer Jones is no stranger to controversy at the Charlotte-Mecklenburg Police Department. In December, he was suspended and recommended for termination after he assaulted a man named Rick McVicker who rear-ended Jones’ mother. Jones’ mother called him to assist her with the accident and once he arrived on the scene he got into a physical altercation with McVicker, which according to McVicker, resulted in Jones slamming his head into the ground.