Articles Posted in Murder/Homicide

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. 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.

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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.

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According to a recent report by WCNC, Charlotte-Mecklenburg police are investigating a murder-suicide that happened earlier in the month. Police were called to the home of 32-year-old Stephanie Ott to assist the fire department with a forced entry into the home. When the policemen and firefighters successfully entered to the home, they found Ott dead. They also found that the floors and the furniture had been soaked in gasoline. The fire department was called initially because a pile of debris and an abandoned car were burning on the side of the house.

Following the discovery of Ott’s body, the police canvassed the neighborhood trying to determine what happened and attempting to find the suspect. In a neighbor’s shed, they found the owner of the house that Ott lived in, 52-year-old Robert Stover. He had barricaded himself inside and a few moments after being confronted by police, Stover committed suicide inside of the shed.

The initial investigation of the crime revealed that Ott and Stover had been having problems. They were roommates and neighbors told police that Stover had been trying to get Ott to leave his home, but he had been unsuccessful. Ott had only been living with Stover for a few months prior to her death, but from the time she moved in there were problems. The neighbor across the street, Oscard Villegas said, “Every time they argue they bring it outside. . . . Even when they’re inside they scream at the top of their lungs.”

Neighbors spoke highly of Stover, saying that he was a good neighbor, considerate, and willing to help when needed. Daniel Koontz, a student at UNCC who lived next door said that Stover brought him a basket of tomatoes when he first moved into the neighborhood. Villegas told WCNC that Stover would give him and his father rides the store when their car was broken down. However, not everything was as nice at it seemed.

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After a two-year legal battle and nine hours of jury deliberation, Doctor Conrad Murray was found guilty of involuntary manslaughter in the death of pop star, Michael Jackson, at the downtown Los Angeles County Courthouse. Murray served as Jackson’s personal physician as he vigorously prepared for his comeback concert. During this time, Jackson was known to have had trouble sleeping and according to his testimony to remedy this Murray was administering the surgical anesthetic propofol every night for at least two months. The Los Angeles County coroner confirmed that Jackson’s death was caused by “acute propofol intoxication” in combination with two other sedatives.

The trial lasted for 23 days and there were 49 witnesses who included Murray’s girlfriends and patients, Jackson’s former employees, investigators and medical experts for each side. The jurors were left to determine if Jackson had given the deadly dose of propofol to himself or if it was administered by Dr. Murray in an intravenous drip. Prosecutors said that Murray was willing to give the dangerous drug, propofol, in return for $150,000 monthly paycheck.

The spokesman on behalf of the Jackson estate and family called this a “victory” and said “justice was served.” The judge made it clear that this crime was being taken very seriously. When Murray’s lawyers asked to allow Murray to be free while awaiting sentencing hearing, Judge Pastor said “public safety demands that he be remanded.” He went on further to say, “This is a crime where the end result was the death of a human being….this demonstrates rather dramatically that public should be protected.”

Even with all of the coverage, you may still be wondering what involuntary manslaughter means, and what someone does to be guilty of such a crime. In North Carolina, involuntary manslaughter could occur in two different ways. First, it could involve committing an act that results in someone’s death, but the person responsible did not act with the intent to kill. In essence, someone is negligent and that negligence results in someone’s death. This is the theory that Dr. Murray was convicted under. Second, it can result from what is called the “misdemeanor manslaughter” rule. This rule applies when a defendant commits a misdemeanor that results in another person’s death. For example, if the defendant sets fire to brush or grasslands, which is a misdemeanor, and that fire results in someone’s death, that death would be considered involuntary manslaughter because it was caused by the commission of a misdemeanor.

In North Carolina, involuntary manslaughter is a class F felony which could result in up to 49 months, or just over 4 years in prison. This is almost exactly what Dr. Murray will face at his sentencing hearing on November 29, 2011, where he faces up to 4 years in prison.

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