Woman Charged with Manslaughter after Hitting Pedestrian

Melissa Wooten

On July 14th at 10:56pm, Rosemarie Lyle was attempting to cross the 3500 block of N. Tryon Street near Guy E. Suddreth Avenue.   Ms. Lyle stepped off of the curb and into the right outbound lane where she was struck by a vehicle driven by Melissa Wooten.

Rosemarie Lyle was transported to CMC-main with life-threatening injuries and was pronounced deceased on July 15th at 12:14am.

Ms. Wooten stopped her vehicle in a nearby parking lot and returned to the scene of the crash. Field sobriety tests indicated Ms. Wooten was impaired and she was placed under arrest and charged with DWI.
 
The CMPD Major Crash Investigation Unit responded to the scene and conducted the investigation.   Any person who witnessed the crash or has information about the case is asked to call Detective Allred at 704-336-8862.  Allred is leading the investigation.

NC's 'Booze It & Lose It' Campaign Nets 1,000+ DWI Arrests

NC State Transportation Secretary Gene Conti announced today that state and local law enforcement officers cited 1,013 motorists for driving while impaired during the St. Patrick’s Day “Booze It & Lose It” campaign, which ran March 11-17th. A total of 32,579 traffic and criminal citations were issued statewide.

“This life saving campaign removed more than 1,000 impaired drivers, which resulted in countless lives saved,” Conti said. “I appreciate the extra time and attention state and local law enforcement officers contributed last week to make sure North Carolinians stayed safe.”

During the Governor’s Highway Safety Program campaign, officers statewide conducted 2,618 sobriety checkpoints and dedicated patrols. Counties with the highest number of DWI citations were: Mecklenburg (124), Wake (94) and Buncombe (40).

Officers also issued 2,485 safety belt and 355 child passenger safety violations, 9,475 speeding violations and 752 drug charges. In addition, they apprehended 490 fugitives from justice and recovered 24 stolen vehicles. For county-by-county citation totals, visit the GHSP Website.

New Program to Keep Drunk Drivers OFF the Road

Charlotte-Mecklenburg Deputy Police Chief Kerr Putney and CMPD’s Traffic Unit met in Center City with AAA of the Carolinas and Budweiser. It was all part of a new program kickoff called “Tow to Go.” The free service provides private party goers and licensed establishments a way to get people home safely.

Adults in need of a ride can call 1-800-AAA-HELP. AAA will dispatch a tow truck and will take both the driver and the vehicle home, free of charge. This service is available to both AAA members and non-members.

Tow to Go removes the number one excuse for drunk driving - the intoxicated motorist not wanting to leave their car - by not only taking the driver home safely, but also their vehicle home safely too.

The CMPD conducted 30 DWI checkpoints in 2010 and those checkpoints netted more than 200 drunk drivers.

Detectives Conducting a Death Investigation along Independence Boulevard

Case Update: Saturday, December 05, 2009- The deceased has been identified as Angela Freeman Kelly. Her boyfriend, the driver of the vehicle in which she was a passenger, has been identified as Heath Eugene Frye.

Mr. Frye was arrested for DWI and Possession of an Open Container. Based on statements from Mr. Frye and evidence collected on scene, he and Ms. Kelly were having an argument while driving down Independence Boulevard when she threatened to open the door and jump out of the vehicle.

Mr. Frye stated that he convinced Ms. Kelly to close the door and she did so. He went on to state that as he continued to drive further down Independence Boulevard that she opened the door again and did jump from the moving vehicle.

Anyone with information about this incident is asked to call 704-432-TIPS and speak directly to a Homicide Unit. Detective Abbott is the lead detective assigned to the case. In addition, you may also call Crime Stoppers at 704-334-1600.
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Detectives with the Charlotte-Mecklenburg Police Department Homicide Unit and H.I.T.S. Unit are conducting a death investigation at 4402 East Independence Boulevard . The call for service came in at 11:52 p.m., on Friday, December 4, 2009. The deceased has been identified; pending notification of next of kin, her name is being withheld.

Providence Division officers received a call for service in reference to an accident involving a fatality of the passenger (victim) of a vehicle that had been travelling eastbound on Independence Boulevard approaching Sharon Amity Road . The victim was with her boyfriend, who was driving the vehicle in which she was a passenger. There were no other occupants of the vehicle. The driver is currently being questioned at police headquarters. An update will be released in the early morning hours of Saturday, December 05, 2009, with the victim’s name and charges, if any, against the driver of the vehicle.

Detectives with the Homicide Unit and H.I.T.S. Unit are on scene conducting the investigation. Crime Scene Search is on scene as well, photographing the scene and collecting physical evidence.

Anyone with information about this incident is asked to call 704-432-TIPS and speak directly to a Homicide Unit. Detective Abbott is the lead detective assigned to the case. In addition, you may also call Crime Stoppers at 704-334-1600.

Driver Charged with Murder after Deadly Accident

Mark Jefferson Belton III was arrested early this morning after he caused a deadly accident on North Tryon Street. Belton is charged with second degree murder and driving while impaired.

Police say Belton was traveling at a high rate of speed in the south bound lane of on N. Tryon Street when his vehicle struck a car driven by Jose Orlando Barahona-Cortez. Barahona-Cortez was attempting to make a left turn from N. Tryon Street onto Arrowhead Drive when he was struck by Belton.

Belton was transported to Carolinas Medical Center by Medic. Barahona-Cortez was pronounced deceased on the scene by Medic.

Carolina Panthers Player Arrested for DWI

UPDATE II: Dwayne Jarrett has pled guilty to charges of DUI. Jarrett surrendered his driver's license and was ordered to pay $420 in court costs and perform 24 hours of community service.

UPDATE: Jarrett's blood-alcohol level was .12 when he was arrested. The legal limit is .08.

Dwayne Edward Jarrett, 21, was arrested early this morning by the Mint Hill Police Department and was charged with driving while impaired.

According to the police, Jarrett ran a red light and was driving left of center on Lawyers Road. Police will not say what his blood alcohol level was at the time of his arrest. He was released on a $1,000 bond.

Jarrett is a wide-receiver for the Carolina Panthers. Dwayne Jarrett (#80) was drafted by the Panthers in the 2nd round of the 2007 NFL Draft.

Mother on Drugs Collides with 8 Cars Bringing Kids to School

Police say Nekita Renee Brooks, 24, was high on prescription drugs on Friday morning when she was driving her children to Sedgefield Elementary school. They say she drove six miles and collided with eight different cars.

A concerned citizen followed her minivan until police were able to locate and stop her. By the time Brooks was stopped by police, she had lost a tire and was driving on metal... Brooks had three children in the vehicle at the time of her arrest. The youngest child was 3 years old.

Brooks is charged with child neglect, driving while impaired and driving with a revoked license. This is Brooks' 6th arrest since May 2006. Her prior offenses include; selling marijuana, disorderly conduct, resisting a police officer and probation violations.

Miami Dolphins Player Arrested in Charlotte

UPDATE: Police say Chambers was not legally impaired when he was pulled over for speeding early Saturday morning. Police say Chambers failed all field sobriety tests when he was pulled over but his BAC was within the legal limits. Chambers was originally pulled over for driving 74 mph in a 45 mph zone. (More Info)

Christopher James Chambers, a wide-receiver for the Miami Dolphins, was arrested in Charlotte this morning for driving while impaired, reckless driving and speeding. Chambers (#84) has played for the Miami Dolphins since 2001.

Chris Chambers is also the founder of Chambers Sports Foundation, (CSF) which hosts football skills camps to promote intercity and suburban communities sports programs.

Chambers was released on a $1,750 bond and will appear in court on Monday at 1:00pm.
-View Chambers' Website

DWI Checkpoint Results

CMPD's HITS Unit conducted a DWI checkpoint on Thursday night that began at 11:00pm and ended at 2:30am. The checkpoint was conducted on North Tryon Street at Dalton Avenue. It netted the following arrests and citations:

• 7 DWI's
• 4 Driving After License Revoked
• 3 Open Containers
• 4 Drug Violations
• 1 Littering Citation
• 1 Warrant
• 20 No Operator’s License
• 66 Other Charges

Lesson Learned?

Brock Franklin (R)- the Charlotte teen accused of driving drunk and causing a deadly wrong-way crash on Interstate 485 in February entered a no contest plea to second-degree murder charges this morning.

Brock Franklin, 18, will spend 12 to 15 years in prison for the deaths of Eddel Rivera and Richard Bryant on Feb. 18, 2006. Franklin will not be able to drive when he is released from prison. In addition, he has to pay court costs and restitution to the families of his victims.

Rivera’s mother, who wiped away tears as Franklin was led into the courtroom in handcuffs, cried throughout the court proceeding. Bryant’s father, Michael, spoke out, wanting Franklin to know the pain he’s caused. “My son is dead. I will never be able to bowl with him, shoot pool with him – do anything with him – and someone’s going to walk away with a little (slap on the wrist),” he said. Bryant says the plea agreement stuck between Franklin’s attorney and the district attorney’s office is allowing the teenager to get away without enough punishment. “They had a wonderful future ahead of them, and it’s cut off thanks to some silly drinking, disrespect for law and people,” he said. “My whole world has been shattered.”

Today was the first time the two families whose lives have been destroyed by the tragedy have been in a room with Franklin. He spoke directly to them: “I truly am sorry for what happened. It shouldn’t have happened at all,” he said. “I just want you to know how sorry I am. I hope one day each of you can forgive me for the things that happened.”

In court, an Alcohol Law Enforcement agent testified that in an interview with Franklin, the teen told him he drank about 11 beers before the wreck at an underage drinking party. Franklin, he said, admitted to blacking out.

In court this morning, the teen told the families that he believes someone slipped something into one of his drinks. His mother said she believes that. “There are many others who contributed to this tragedy, but you are the one to pay this penalty,” Robin Franklin said on the stand.

The families of those killed by Brock Franklin in that fiery February crash want others to see what happened in the courtroom and to see the teen being led to prison in handcuffs. A camera from their attorney's office rolled as Franklin entered his plea. The attorney plans to take the tape to local high schools in an effort to prevent drinking and driving. He also said within the next three weeks, Bryant’s and Rivera’s families will file a civil wrongful death lawsuit. Source: WSOC-TV * Read the transcript of Franklin's interview with detectives. *

Happy Birthday Ryan Yoho

Happy 21st Birthday Ryan Yoho!

Ryan Yoho would have been 21 years old today. Instead, his life was cut tragically short thanks to a repeat drunk driver named Zepplin Hopper. His killer only spent 5 months in jail and now he is out- doing the things Ryan will never be able to do. (If you missed my previous post with the details, click here)

Please take a minute to remember Ryan today and check out the website created in memory of Ryan Yoho. Let his family know you care!

Also, please take a minute to e-mail/call local and state representatives and let them know about your disgust for the injustice for Ryan and the others killed in Charlotte by drunk drivers. If we do not stand up and fight for change, any one of us could be next!

Links:

* Ryan Yoho Memorial Website

* MADD Tribute to Ryan Yoho

Drunk Driver Kills Teen: Gets 5 Months in Jail!

It sickens me to know that a 19 year old's life was only worth five months of jail time in the eyes of the Mecklenburg County courts. Ryan Yoho (R) was killed by a drunk driver in October of 2004. The man responsible for the crash is 28 year old, Zepplin Hopper. Hopper was convicted of involuntary manslaughter and was sentenced to five months in jail. The maximum punishment for involuntary manslaughter in North Carolina is five years in prison.

In my opinion, if you choose to drive drunk- you should be prepared to suffer the consequences. If you KILL someone when you are driving impaired- you should be charged with murder! Hopper is responsible for Ryan Yoho's death and he should be held responsible. 5 months in jail is nothing compared to the loss of someone's son, brother and friend. Our legal system is a real bad joke!

Furthermore, this was the second DWI for Hopper. He had a previous DWI charge in 2002 in Cumberland County- but it never went to court and was subsequently dropped. The charges were dismissed because the arresting officer had left the department, court records show. Is this what happens to charges when officers leave?? What is the point!?

After Yoho's death, the Charlotte Observer reported on Hopper's previous arrest in an investigative series that found prosecutors statewide dismiss one of every five DWI cases -- more than 10,000 a year. The cases are tossed out, the investigation found, mostly because either police officers or the suspects don't show up for court. Scary, isn't it? Visit the Ryan Yoho Memorial Website

Police Officer Arrested for DUI

Update: Jerry Shelton has resigned from his duties as a Mint Hill Police Officer for "personal reasons." The chief has accepted his resignation.
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Jerry Shelton Jr., a Mint Hill, NC police officer was arrested for driving while impaired and hit and run charges around 9 pm last night.

Police say Shelton had a blood alcohol content of 0.17, more than twice the legal limit. Witnesses told police they saw Shelton hit two parked cars on Abigail Glen Drive and he kept driving. There is no word on what action Mint Hill police will take against Shelton. Source: News 14 Carolina

Drunk Driver Kills Pedestrian

Police say Vernon Tobias Wallace, 24, (R) was driving drunk this morning when his SUV struck and killed Paul Raymond McManus Jr., who was trying to cross the Brookshire Freeway, near the Graham street exit ramp. The crash occurred around 1am.

Wallace was arrested in February of 2005 while he was driving a school bus full of Phillip O'Berry students to school. Several students on the bus called 911 when they noticed Wallace dozing off at the wheel.

Wallace pled guilty last year to drinking alcohol and then driving a school bus. He lost his job with Charlotte-Mecklenburg Schools. When Wallace appeared in court in September, he received a $100 fine, one year of probation and community service.

Wallace is scheduled to appear in court Monday. He is being held on $10,000 bail.

Sources: News 14 Carolina & WCNC

April's DWI Crackdown

Police arrested almost 200 people in April during a month-long crackdown on drunk driving in Mecklenburg County. During the campaign, law enforcement agencies had 21 checkpoints and conducted 60 saturation patrols.

CMPD reported the following totals:

*Total DWI's: 195
*Under 21 DWI's: 30
*Speeding: 3,127
*Safety Belt Violations: 505
*Child Safety Seat Violations: 66
*Driving With Revoked License: 547
*Drug Violations: 89
*Other Criminal Violations: 259
*Stolen Vehicles Recovered: 6
*Fugitives Apprehended: 22

Source: WSOCTV.com

PGA Golfer Arrested for DUI

A PGA golfer playing in the Wachovia Championship was arrested in Charlotte early Wednesday morning for DWI. An arrest record shows Norman Joseph (Joe) Ogilvie was arrested at 2:12 a.m. Wednesday for driving while impaired.

Police pulled Ogilvie over on Fairbluff Place in South Charlotte. Police said he was driving 59 MPH in a 35 MPH zone. Police said Ogilive had difficulty locating his registration when an officer asked for it. Then, police said, the officer noticed a strong odor of alcohol on Ogilvie's breath.
A report sent by police to 6NEWS states that Ogilvie confessed to the officer that he had consumed five beers in a three to four hour period the previous night. The report also said that Ogilvie's eyes were bloodshot. The report said that the officer gave Ogilvie a field sobriety test and a breathalyzer test.

The report said that Ogilvie blew a .09. The legal limit is .08. Ogilvie was released from jail after posting a $1,000 bond.

Source: WCNC

17 Teens Face Charges

17 teenagers are facing alcohol related charges after attending a party in February where 18 year old Brock Franklin (R) was drinking. Franklin left the party and caused a fatal accident while driving drunk. Franklin was charged in March with two counts of second-degree murder.

Franklin was driving the wrong way on Interstate 485 when he struck the vehicle of Richard Bryant, 22, and Eddel Rivera, 23, during the early morning hours of Feb. 18. Bryant and Rivera did not survive the crash.

13 of the teenagers are charged with underage drinking and 4 of the teens were charged with more serious crimes:

Derrick Greene, 18, (L) is charged with 20 misdemeanor counts for purchasing the alcohol. Greene is the one who threw the party at a family townhouse.









Peter Demas, 18, (R) is accused of helping to supply the alcohol. He faces 18 charges.










Adam Shayeb, 17, (L) faces three charges related to drugs and alcohol.











Meredith Sykes, 17, (R) faces nine alcohol-related charges.





News 14 Carolina gives more details in this article:

Demas and Greene turned themselves in Friday morning. Demas posted bail, but Greene was still at the Mecklenburg County Jail early Saturday. Both are scheduled to appear in court Monday.
Word of Friday’s arrests quickly spread to Myers Park High School, where Franklin and Demas were seniors.

“I can’t even imagine what he’s going through because Peter is such a sweet person and Brock is a sweet person, and they’re two people who would never hurt anybody,” student Denishie Allen said.

Allen’s sister, Demisha, said, “I think this is a big eye-opener for everybody to really understand the severity of it.”

Of the 13 teenagers accused of underage drinking, 11 will be issued citations for underage possession of malt beverages. The other two will be issued juvenile petitions because they are only 15 years old.

Man arrested for Oct. Fatal Crash

As reported by the Associated Press:

A man charged in a fatal October accident on Interstate 77 in Charlotte remains in jail after being arrested over the weekend. The arrest came after Police lost track of him while he was being treated at a Chapel Hill hospital. Albert Lamont Pharr is being held at the Mecklenburg County Jail on charges of second-degree murder and felony death by vehicle following his arrest early Saturday by federal marshals.

Investigators lost track of Pharr while he was being treated at the N.C. Jaycee Burn Center following an Oct. 12 crash that killed James Walter Johnson.Pharr was somehow released from the burn center without being taken into custody. But federal marshals searching for Pharr on charges that he violated his bond in a federal drug and weapons case when he was involved in the October crash began investigating last week.

At 3 a.m. Saturday, Pharr was spotted entering a house in Charlotte; marshals found him inside a closet.Highway Patrol Sgt. Joe Mellone said Pharr apparently was released from the burn center without hospital officials ever notifying law enforcement.

"He was released from the hospitals and went about his business and fortunately enough the U.S. marshals'' caught up with him, Mellone said. Mellone said privacy rules that are part of the Health Insurance and Portability and Accountability Act that went into effect in 2003 have made some hospitals reluctant to inform law enforcement officials when people charged with crimes are being released. "There's really not a protocol there,'' he said. "You're on delicate ground because of the HIPAA law. You try to keep open lines of communication, but short of putting someone there 24 hours a day, seven days a week, something like this could occur.

''UNC Health Care spokeswoman Stephanie Crayton said that when law enforcement officials provide hospital police with a name and a copy of an arrest warrant, system policy states that hospital police may notify law enforcement before the patient's discharge.In this case, she said, "hospital police say they have no record of any dealings with law enforcement pertaining to Mr. Pharr.'' Crayton added that she is not aware of any cases at UNC where HIPAA rules have gotten in the way of officials being notified of a criminal defendant's discharge.

Troopers who investigated the crash in which Pharr is charged said he was speeding and weaving in and out of traffic on I-77 in Charlotte. When he drove into the emergency lane to pass a tractor-trailer, they said, he ran into a Jeep Cherokee that was stopped there.Johnson, 32, was sitting inside the stopped car and died at the scene.Also in Pharr's car was his 1-year-old child, who was strapped into a car seat and was not seriously injured.

In addition to the murder and felony death charges, Pharr also is accused of driving while impaired, careless and reckless driving, improper use of a lane, improper passing, not decreasing speed to avoid hitting another vehicle, having no license and contributing to the delinquency of a minor. Pharr has prior drunken driving charges on his record and has been convicted of armed robbery, accessory after the fact of a murder and felony cocaine possession.

Brock Franklin Charged

WBTV reports:

Brock Franklin, the 18 year old teenager involved in a deadly wrong-way crash in February was indicted on two counts of second-degree murder today.

The highway patrol said Brock Franklin, 18, was driving impaired when he drove the wrong way on I-485 and crashed his car into another vehicle killing Eddel Rivera and Richard Bryant.

Last week, Mecklenburg County Judge Phil Howerton set bond at $250,000 for each charge.

WBTV News 3 has also learned that two ALE agents have seized a camera phone from Adam Jamil Shayeb. Agents believe he was with Franklin the night of the accident. The search warrant said Shayeb's cell phone shows still photos and video of a marijuana plant, a gun being discharged and people gathering in an undisclosed area that resembled an underage party.

Franklin remains in the Mecklenburg County Jail under a $500,000 bond.

Charlotte's Top Ten Drunk Drivers

Tara Servatius wrote an article in Creative Loafing titled "Charlotte's Top 10 Drunk Drivers". She is an awesome writer and it will make you laugh and make you sick! Please check it out.

Charlotte's Top Ten Drunk Drivers
Servatius rounds up the worst behind the wheel
BY TARA SERVATIUS