The Misdemeanor Appeals Team for the Mecklenburg County District Attorney’s Office held court in Courtroom 5170 for the week of September 17, 2012 before The Honorable Linwood O. Foust , Superior Court Judge. In addition, cases were also called in courtroom 5150 before The Honorable Richard D. Boner, Superior Court Judge, in courtroom 5130 with The Honorable Richard A. Baddour, Jr., Superior Court Judge, and in courtroom 5370 with the Honorable Eric L. Levinson, Superior Court Judge.
Monday, September 17, was designated as an administrative day in Courtroom 5170. In the morning, the State called the trial calendar for the week. The Court then heard felony probation violation probable cause hearings and arraignments for misdemeanor appeals cases.
The following trials were done throughout the week in three courtrooms:
Alvin Jasper, 65, and Javaris Black, 23, were tried together for cruelty to animals. The jury found the defendants guilty in that both Jasper and Black failed to provide the necessary sustenance to 6 horses when they did not provide adequate food and water for the animals. Five of the six animals have made a full recovery. Judge Levinson sentenced Black and Jasper to 30 days in the county jail, respectively; both sentences were suspended pending the successful completion of 18 months of unsupervised probation.
Jereme David Lukoskie, 27, was tried for driving while impaired. The jury returned a verdict of guilty. Judge Foust sentenced Lukoskie to 30 days in the county jail; that sentence was suspended pending the successful completion of 12 months unsupervised probation.
Danielle Micaela Gaddy, 28, was tried for injury to personal property. The jury returned a verdict of not guilty.
Note: Misdemeanors and infractions are originally prosecuted in district court in North Carolina. In criminal district court, a judge determines guilt, not a jury; this is commonly referred to as a “bench trial.” However, defendants have a right to appeal a conviction from the district court to the superior court for a trial de novo. The new trial in superior court must be a jury trial, not a bench trial. In a de novo trial, the jury cannot be informed that a district court judge previously found the defendant guilty; further, a record of any evidence, including testimony, from district court may not be introduced. While the DA’s Office prosecutes nearly 225,000 misdemeanors and infractions each year in district court in Mecklenburg County, each defendant is entitled to exercise his/her right to appeal to the superior court. When a misdemeanor or infraction occupies the limited time available in our superior courtrooms, it the intent of the DA’s Office to keep the public informed of the results through news releases like this one. Due to the volume of misdemeanors and infractions prosecuted in district court each day, reports like this are not possible for all of those cases.
Showing posts with label Sentencing. Show all posts
Showing posts with label Sentencing. Show all posts
Tuesday, October 2, 2012
Monday, October 1, 2012
Mall Santa Convicted for Solicitation of Minor
A man from Cary, NC, that portrays Santa Clause at malls around the state pleaded guilty last Friday to soliciting a child by computer and second-degree sexual exploitation of a minor.
Authorities arrested 70 year-old John Thompson Peters in January at a fast food restaurant in Apex. Peters had planned to meet a 15 year-old girl that he met on the internet. According to police, Peters had solicited the girl for sex.
Peters posed as an amateur photographer and said he was searching for new models. The judge sentenced Peters to up to three years of prison time. In addition, Peters must register as a sex offender upon his release.
Authorities arrested 70 year-old John Thompson Peters in January at a fast food restaurant in Apex. Peters had planned to meet a 15 year-old girl that he met on the internet. According to police, Peters had solicited the girl for sex.
Peters posed as an amateur photographer and said he was searching for new models. The judge sentenced Peters to up to three years of prison time. In addition, Peters must register as a sex offender upon his release.
Thursday, September 27, 2012
DA: Habitual Felon Team Convicts 3 During Trial Week
The DA’s Habitual Felon Team called three cases for trial the week of September 27th, 2012. Two of the three trials involved habitual felons. The trials were held in courtrooms 5150 and 5370.
Robert Griffin, 26, was tried for 1) felony breaking or entering, 2) felony larceny and 3) possession of stolen goods. The jury found Carter guilty of felony larceny and possession of stolen goods and not guilty of breaking or entering. The Honorable Eric L. Levinson, Superior Court Judge, sentenced Griffin to 8-19 months in prison. Griffin was previously convicted of multiple drug felonies including possession with intent to sell or deliver cocaine.
Adarres Thompson, 26, was tried for 1) possession with the intent to sell or deliver marijuana and 2) being a habitual felon. A mistrial was declared after the jury was unable to reach a unanimous verdict. Thompson withdrew his previous plea of not guilty and entered a guilty plea to possession with the intent to sell or deliver marijuana. The Honorable Richard D. Boner, Senior Resident Superior Court Judge, sentenced Thompson to 11-14 months in prison.
Donte McWaine, 33, was tried for 1) possession of cocaine, 2) resisting a public officer and 3) being a habitual felon. A mistrial was declared after the jury was unable to reach a unanimous verdict.
When his case was called for trial, Antonio Glenn, 32, pled guilty to 1) robbery with a dangerous weapon, 2) Possession of a firearm by a felon and 3) being a habitual felon. Judge Boner sentenced Glenn to 60-81 months in prison. Glenn’s prior convictions include possession with the intent to sell or deliver cocaine
![]() |
| Robert Griffin |
![]() |
| Adarres Thompson |
Donte McWaine, 33, was tried for 1) possession of cocaine, 2) resisting a public officer and 3) being a habitual felon. A mistrial was declared after the jury was unable to reach a unanimous verdict.
When his case was called for trial, Antonio Glenn, 32, pled guilty to 1) robbery with a dangerous weapon, 2) Possession of a firearm by a felon and 3) being a habitual felon. Judge Boner sentenced Glenn to 60-81 months in prison. Glenn’s prior convictions include possession with the intent to sell or deliver cocaine
DA: Property Team Convicts 48 Defendants, Sends Two Sex Offenders to Prison
CHARLOTTE, N.C. – Forty-eight defendants pled guilty to property crimes in Mecklenburg County
Superior Court from Monday, September 17 through Friday, September 21, 2012. The defendants entered their pleas in courtroom 5350 before The Honorable James W. Morgan, Superior Court Judge. The convictions were for crimes that included failing to register as a sex offender, second degree burglary, felony breaking or entering, felony larceny, larceny of a firearm, breaking or entering a motor vehicle, obtaining property by false pretense, embezzlement and financial transaction card theft.
Among those convicted were the following:
Roderick Antoine Alexander, 45, pled guilty to failing to register as a sex offender. Judge Morgan sentenced Alexander to 26-41 months in prison. He was previously convicted of second degree rape in 1993, and of failing to register as a sex offender in 2010.
Preston Applewhite, 29, pled guilty to failing to register as a sex offender. Judge Morgan sentenced Alexander to 20-33 months in prison. He was previously convicted of attempted second degree rape in 2001.
Jaquell Villegas, 17, pled guilty to second degree burglary, felony larceny of a motor vehicle, breaking or entering a motor vehicle, and misdemeanor larceny. Judge Morgan sentenced Vellegas to 10-21 months in prison.
Superior Court from Monday, September 17 through Friday, September 21, 2012. The defendants entered their pleas in courtroom 5350 before The Honorable James W. Morgan, Superior Court Judge. The convictions were for crimes that included failing to register as a sex offender, second degree burglary, felony breaking or entering, felony larceny, larceny of a firearm, breaking or entering a motor vehicle, obtaining property by false pretense, embezzlement and financial transaction card theft.
Among those convicted were the following:
Roderick Antoine Alexander, 45, pled guilty to failing to register as a sex offender. Judge Morgan sentenced Alexander to 26-41 months in prison. He was previously convicted of second degree rape in 1993, and of failing to register as a sex offender in 2010.
Preston Applewhite, 29, pled guilty to failing to register as a sex offender. Judge Morgan sentenced Alexander to 20-33 months in prison. He was previously convicted of attempted second degree rape in 2001.
Jaquell Villegas, 17, pled guilty to second degree burglary, felony larceny of a motor vehicle, breaking or entering a motor vehicle, and misdemeanor larceny. Judge Morgan sentenced Vellegas to 10-21 months in prison.
![]() |
| Jaquell Villegas |
![]() |
| Preston Applewhite |
![]() |
| Roderick Antoine Alexander |
Wednesday, September 26, 2012
Cherryville Man Sentenced to 20+ Years For Statutory Rape
![]() |
| Larry Alvis Crowder |
Crowder was arrested hours later in Rock Hill after the girl's mother called police and an amber alert was issued. Crowder had made sexual advances towards the girl from May to December of 2010.
Crowder pleaded guilty as part of a plea bargain in which charges from other counties involving the same incident were dropped. He was sentenced to 20 to 24 years in prison and will be monitored via satellite for the rest of his life.
Sunday, September 23, 2012
DA's Office: Crimes Against Persons Team Convicts Sex Offenders, Armed Robbers
CHARLOTTE, N.C. – Forty-four (44) defendants pled guilty in Mecklenburg County Superior Court
before The Honorable Yvonne Mims Evans, Superior Court Judge. The defendants entered their guilty pleas in courtroom 5350 from Monday, September 10, through Friday, September 14, 2012. Among them were:
Marcus Kennedy, 32, pled guilty to one count of attempted first degree rape. Kennedy was sentenced to 225-275 months in prison.
Maurice Bellamy, 38, pled guilty to one count of attempted statutory rape. Bellamy was sentenced to 126-161 months in prison.
Randolph McCain, 32, pled guilty to common law robbery and admitted his status as an habitual felon. McCain was sentenced to 116-149 months in prison.
Pesean White, 18, pled guilty to 1) robbery with a dangerous weapon and 2) conspiracy to commit robbery with a dangerous weapon. White was sentenced to 64-89 months in prison.
Franklin Oxner, 17, pled guilty to 1) three counts of robbery with a dangerous weapon, 2) two counts of conspiracy to commit robbery with a dangerous weapon, 3) first degree burglary and 4) second degree kidnapping. Oxner was sentenced to 64-89 months in prison.
Donovan Johnson, 21, pled guilty to 1) three counts of robbery with a dangerous weapon, 2) attempted robbery with a dangerous weapon, 3) conspiracy to commit first degree burglary and 4) conspiracy to commit robbery with a dangerous weapon. Johnson was sentenced to 51-71 months in prison, followed by a sentence 20-33 months. The sentence of 20-33 months will be suspended pending his successful completion of 30 months of supervised probation.
Jornell Bess, 17, pled guilty to four counts of robbery with a dangerous weapon. Bess was sentenced to 60-84 months in prison.
Andrew English, 46, pled guilty to two counts of robbery with a dangerous weapon. English was sentenced to 51-74 months in prison.
Michael Cornell, 17, pled guilty to 1) robbery with a dangerous weapon and 2) conspiracy to commit robbery with a dangerous weapon. Cornell was sentenced to 45-66 months in prison.
Dequavious Young, 17, pled guilty to robbery with a dangerous weapon. Young was sentenced to 45-63 months in prison.
Antonio Sullivan, 37, pled guilty to 1) felony incest and 2) sexual battery. Sullivan was sentenced to 21-35 months in prison followed by 150 days in prison.
Ramiro Valdivia, 41, pled guilty to taking indecent liberties with a child. Valdivia was sentenced to 18-22 months in prison.
Kenneth Rumph, 49, pled guilty to 1) two counts of common law robbery and 2) attempted common law robbery. Rumph was sentenced to 16-29 months in prison.
Nedim Boric, 21, pled guilty to accessory after the fact to robbery with a dangerous weapon. Boric was sentenced to 15-18 months in prison.
Joel Ramirez, 24, pled guilty to taking indecent liberties with a child. Ramirez was sentenced to 15-27 months in prison.
Alexander Hernandez, 23, pled guilty to taking indecent liberties with a child. Hernandez was sentenced to 14-17 months in prison.
Adrian Costeno-Sanchez, 23, pled guilty to taking indecent liberties with a child. Costeno-Sanchez was sentenced to 13-25 months in prison.
Note: Almost all guilty pleas entered in criminal administrative court are the result of an agreed upon plea arrangement between the State and the defendant, which is then approved by the sentencing judge. For more information about why most cases must be resolved by plea negotiation instead of jury trial, please visit the “Understanding Criminal Court” section of the DA’s website at www.charmeckda.com.
before The Honorable Yvonne Mims Evans, Superior Court Judge. The defendants entered their guilty pleas in courtroom 5350 from Monday, September 10, through Friday, September 14, 2012. Among them were:
Marcus Kennedy, 32, pled guilty to one count of attempted first degree rape. Kennedy was sentenced to 225-275 months in prison.
Maurice Bellamy, 38, pled guilty to one count of attempted statutory rape. Bellamy was sentenced to 126-161 months in prison.
Randolph McCain, 32, pled guilty to common law robbery and admitted his status as an habitual felon. McCain was sentenced to 116-149 months in prison.
Pesean White, 18, pled guilty to 1) robbery with a dangerous weapon and 2) conspiracy to commit robbery with a dangerous weapon. White was sentenced to 64-89 months in prison.
Franklin Oxner, 17, pled guilty to 1) three counts of robbery with a dangerous weapon, 2) two counts of conspiracy to commit robbery with a dangerous weapon, 3) first degree burglary and 4) second degree kidnapping. Oxner was sentenced to 64-89 months in prison.
Donovan Johnson, 21, pled guilty to 1) three counts of robbery with a dangerous weapon, 2) attempted robbery with a dangerous weapon, 3) conspiracy to commit first degree burglary and 4) conspiracy to commit robbery with a dangerous weapon. Johnson was sentenced to 51-71 months in prison, followed by a sentence 20-33 months. The sentence of 20-33 months will be suspended pending his successful completion of 30 months of supervised probation.
Jornell Bess, 17, pled guilty to four counts of robbery with a dangerous weapon. Bess was sentenced to 60-84 months in prison.
Andrew English, 46, pled guilty to two counts of robbery with a dangerous weapon. English was sentenced to 51-74 months in prison.
Michael Cornell, 17, pled guilty to 1) robbery with a dangerous weapon and 2) conspiracy to commit robbery with a dangerous weapon. Cornell was sentenced to 45-66 months in prison.
Dequavious Young, 17, pled guilty to robbery with a dangerous weapon. Young was sentenced to 45-63 months in prison.
Antonio Sullivan, 37, pled guilty to 1) felony incest and 2) sexual battery. Sullivan was sentenced to 21-35 months in prison followed by 150 days in prison.
Ramiro Valdivia, 41, pled guilty to taking indecent liberties with a child. Valdivia was sentenced to 18-22 months in prison.
Kenneth Rumph, 49, pled guilty to 1) two counts of common law robbery and 2) attempted common law robbery. Rumph was sentenced to 16-29 months in prison.
Nedim Boric, 21, pled guilty to accessory after the fact to robbery with a dangerous weapon. Boric was sentenced to 15-18 months in prison.
Joel Ramirez, 24, pled guilty to taking indecent liberties with a child. Ramirez was sentenced to 15-27 months in prison.
Alexander Hernandez, 23, pled guilty to taking indecent liberties with a child. Hernandez was sentenced to 14-17 months in prison.
Adrian Costeno-Sanchez, 23, pled guilty to taking indecent liberties with a child. Costeno-Sanchez was sentenced to 13-25 months in prison.
Note: Almost all guilty pleas entered in criminal administrative court are the result of an agreed upon plea arrangement between the State and the defendant, which is then approved by the sentencing judge. For more information about why most cases must be resolved by plea negotiation instead of jury trial, please visit the “Understanding Criminal Court” section of the DA’s website at www.charmeckda.com.
Saturday, September 22, 2012
DA's Office: Defendant Tried and Convicted for Abusing 3 Year-Old Child
![]() |
| Timothy John Long |
On August 12, 2010, Long assaulted a three-year-old child for whom he was supposed to be caring. The child, who had a developmental disability, was admitted to Levine Children’s Hospital with a skull fracture.
The jury returned the guilty verdict late Wednesday afternoon. Judge Baddour sentenced Long to the maximum term allowed by North Carolina law: 31-47 months in prison.
Thursday, September 20, 2012
DA’s Drug Prosecution Team Convicts Six Defendants
The Drug Prosecution Team prosecuted eight defendants the week of September 10, 2012, through September 14, 2012, in Mecklenburg County Superior Court in courtroom 5150 before The Honorable Linwood O. Foust, Superior Court Judge, and in courtroom 5370 before The Honorable F. Lane Williamson, Superior Court Judge.
Tamarlo Hall, 30, was tried for 1) sale of cocaine, 2) possession with intent to sell or deliver cocaine and
3) possession of drug paraphernalia. The jury returned a verdict of guilty on all charges. Judge Williamson sentenced Hall to 15-18 months in prison; that sentence was suspended pending his successful completion of 24 months supervised probation. As a condition of probation, Hall must serve 4 months in the county jail. Hall then pled guilty to the separate offenses of 1) possession of cocaine, 2) possession of drug paraphernalia and 3) misdemeanor possession of marijuana. Judge Williamson sentenced Hall to 6-8 months in prison. That sentence was suspended pending Hall’s successful completion of 24 months of supervised probation. As one of his conditions of probation, Hall must serve 60 days in the county jail.
Trayon Glover, 24, was tried for 1) sale of marijuana, 2) delivery of marijuana and 3) possession of marijuana with intent to sell or deliver marijuana The jury returned a verdict of not guilty on all charges.
Donnell Drakeford, 37, was tried for 1) felony possession of cocaine, 2) possession of drug paraphernalia and 3) misdemeanor possession of marijuana. Judge Williamson declared a mistrial when the jury was unable to reach a unanimous verdict. As a result, the charges were dismissed.
As noted in a separate news release last week, Sunny Chukwu was tried and convicted for heroin trafficking and sentenced by Judge Foust to a minimum of 18 years in prison.
Four defendants pled guilty when their cases were called for trial:
Sylvester Carrington, 32, pled guilty to delivery of marijuana. Judge Foust sentenced Carrington to 7-9 months in prison.
Jordon Forston, 23, pled guilty to felony possession of marijuana. Judge Williamson sentenced Forston
to 5-6 months in prison; that sentence was suspended pending his successful completion of 18 months of
supervised probation. As one of his conditions of probation, Forston must serve 20 days in the county
jail.
Avery Brown, 20, pled guilty to felony possession of marijuana. Judge Williamson sentenced him to 3-4 months in prison; that sentence was suspended upon his successful completion of 18 months of supervised probation.
Michael Garcia, 22, pled guilty to 1) felony possession of cocaine and 2) possession of drug paraphernalia. Judge Foust sentenced him to 5-6 months in prison; that sentence was suspended pending his successful completion of 24 months of supervised probation. As one of his conditions of probation, Garcia must serve 30 days in the county jail.
Sunday, September 16, 2012
Former College Basketball Player Sentenced to Probation for Sexual Assault
![]() |
| Julius Francis |
The charges stem from an April, 2011 incident in which Francis was allegedly sexually assaulted a 19 year-old woman.
Francis was sentenced to six months of probation.
Wednesday, September 12, 2012
Drug Operation Leader Sentenced to Prison Time
Twenty-eight year-old Adam Keith Jones was sentenced to prison time Monday on charges of distributing drugs.
Jones was charged with possession with intent to distribute Oxycodone, a Schedule II controlled substance. He was sentenced to prison for almost 11 years. Authorities have accused Jones of being the leader of an operation spanning three NC counties and at least three other states.
The group distributed drugs over a five-year period from 2005 to 2010 by filling prescriptions they had acquired. Their operation included Iredell, Watauga, and Alexander counties, but the group also worked throughout Florida, Virginia, and West Virginia.
Authorities used searches, undercover activity, and license checks to produce over $33,000 in cash, multiple firearms, three automobiles, and almost 2,000 prescription tablets from the drug ring. Seven others involved were sentenced in the same case, five of which were from North Carolina.
Jones was charged with possession with intent to distribute Oxycodone, a Schedule II controlled substance. He was sentenced to prison for almost 11 years. Authorities have accused Jones of being the leader of an operation spanning three NC counties and at least three other states.
The group distributed drugs over a five-year period from 2005 to 2010 by filling prescriptions they had acquired. Their operation included Iredell, Watauga, and Alexander counties, but the group also worked throughout Florida, Virginia, and West Virginia.
Authorities used searches, undercover activity, and license checks to produce over $33,000 in cash, multiple firearms, three automobiles, and almost 2,000 prescription tablets from the drug ring. Seven others involved were sentenced in the same case, five of which were from North Carolina.
Thursday, September 6, 2012
Greenville Teen Pleads Guilty but Mentally Ill to Killing His Mother
![]() |
| Joshua McEachern |
Joshua's mother, Kathy McEachern, was killed after being shot in the face.
It was the testimony of a psychiatrist that allowed the court to accept the mentally ill plea. McEachern was sentenced to 27 years in prison and must serve 85% of that time before he is eligible for parole.
Thursday, August 16, 2012
Lenoir Native Sentenced for String of Armed Robberies
Douglas Durant Lipford, a 38 year-old Lenoir native, was sentenced to serve between 178 and 250 months in prison for two counts of robbery with a dangerous weapon and conspiracy to commit robbery with a dangerous weapon.
The charges stem from the robberies of several Lenoir businesses in 2010 including Westgate Cinemas, 2 Subways restaurants, Domino's Pizza, Crossroads Restaurant, and TCBY.
Lipford was aided by two accomplices during the robberies.
The charges stem from the robberies of several Lenoir businesses in 2010 including Westgate Cinemas, 2 Subways restaurants, Domino's Pizza, Crossroads Restaurant, and TCBY.
Lipford was aided by two accomplices during the robberies.
Friday, July 20, 2012
Jury Returns Guilty Verdict in Murder Trial
Marty T. Gaston, 40, was tried for first-degree murder in the 2008 killing of Larry Antonio Gaither, 20. Today, a jury found Gaston guilty of second-degree murder. The Honorable Richard D. Boner, Superior Court Judge, sentenced Gaston to 240-297 months in prison.The murder occurred on October 11, 2008, at the home of Gaston’s girlfriend after she and Gaston argued on the telephone. Gaston then showed up at a gathering of her friends and family, entered her home, and dragged her by the hair and neck into an upstairs bedroom. Mr. Gaither, the cousin of the girlfriend, was shot through the arm and chest when he entered the bedroom in an attempt to intervene. Gaither died minutes later.
Gaston fled, but turned himself in to the Charlotte-Mecklenburg Police Department the day after the shooting. After the defendant was sentenced, the victim’s mother thanked the prosecutors and stated that she felt that the family had received justice.
Friday, July 13, 2012
Defendant Found Guilty of First-Degree Murder after Trial
Tahashi Tarine Matthews, 35, was found guilty of First-Degree Murder in the death of Mr. Jonathan Nelson; Matthews was also convicted of Possession of a Firearm by a Convicted Felon. The trial began on Thursday, June 28, 2012, in courtroom 5370, in Mecklenburg County Superior Court. The Jury rendered its verdict late in the day on Thursday, July 12, 2012. The Honorable Eric L. Levinson, Superior Court Judge, imposed the mandatory sentence of life in prison without the possibility of parole.
Matthews shot and killed Mr. Nelson on November 19, 2009, a little after 11:00 p.m., while Mr. Nelson was sitting in a car with his cousin, Quinton Osborne, in the parking lot of their apartment complex near the UNC Charlotte. Matthews approached the vehicle from behind, on the driver’s side, and fired two shots into the passenger compartment of the vehicle. One bullet struck Mr. Nelson in the chest. Mr. Nelson died as a result of the injuries sustained from this gunshot wound.
Friday, June 15, 2012
23-year-old Child Rapist Convicted Today
![]() |
| Parker |
The victim, a first grader, disclosed the sexual abuse to a friend. Parker admitted to Charlotte-Mecklenburg Police Detectives that he had engaged in sex acts with the child.
In addition to serving 20 to 24 ¾ years in prison, upon his release Parker will be required to register as a sex offender and be on satellite-based monitoring for the rest of his life.
Parker plead guilty before The Honorable Hugh B. Lewis, Superior Court Judge.
Monday, June 11, 2012
Michael Harvey Sentenced to 7-9 Years in Prison for Valerie Hamilton's Death
On Friday afternoon, Michael Neal Harvey, 36, pled guilty to involuntary manslaughter, being a habitual felon and concealing a death in the Mecklenburg County courthouse.
Valerie Hamilton, the daughter of former Concord Police Chief Merl Hamilton, left the Thomas Street Tavern in Plaza Midwood with Harvey on September 15, 2010. Hamilton was found dead and wrapped up in a storage unit along Monroe Road a few days after Valerie was reported missing. (READ MORE)
Harvey was sentenced to 87-114 months in prison. (7-9 1/2 years)
Valerie Hamilton, the daughter of former Concord Police Chief Merl Hamilton, left the Thomas Street Tavern in Plaza Midwood with Harvey on September 15, 2010. Hamilton was found dead and wrapped up in a storage unit along Monroe Road a few days after Valerie was reported missing. (READ MORE)
Harvey was sentenced to 87-114 months in prison. (7-9 1/2 years)
Wednesday, April 25, 2012
Jury Trials for Robbers, Thieves and Sex Offenders
The DA’s Habitual Felon Team tried habitual felons before Mecklenburg County juries during the week April 16, 2012 in three courtrooms. The trials were held in the Mecklenburg County Courthouse.
Jerry Mungo, 52, was tried for 1) felony breaking or entering, 2) possession of burglary tools, 3) resisting a public officer and 4) being a habitual felon. The jury found Mungo guilty as charged and he admitted his status as a habitual felon. The Honorable W. Robert Bell sentenced Mungo to 135-171 months in prison. Some of Mungo’s prior convictions include common law robbery and multiple counts of felony breaking or entering. In addition, Mungo was previously convicted and served a sentence as a habitual felon.
Derrick Hamilton, 24, and Joshua Oliphant, 28, were tried together for 1) robbery with a dangerous weapon and 2) conspiracy to commit robbery with a dangerous weapon. The jury found both defendants guilty as charged. Judge Bell sentenced Hamilton to 97-129 months in prison. Judge Bell sentenced Oliphant to 111-146 months in prison. Some of Hamilton’s prior convictions include possession of a firearm by a convicted felon and possession of a stolen motor vehicle. Some of Oliphant’s prior convictions include bank robbery and four counts of robbery with a dangerous weapon.
Willis Hopkins, 32, was tried for 1) failure to properly register as a sex offender and 2) being a habitual felon. The jury found Hopkins guilty of failure to properly register as a sex offender and he admitted his status as a habitual felon. The Honorable Forrest D. Bridges sentenced Hopkins to 52-72 months in prison. Some of Williams’ prior convictions include second degree criminal sexual conduct with a minor in the state of South Carolina and failing to properly register as a sex offender.
Jerry Edwards, 26, was called for trial in courtroom 5370. Edwards was tried for 1) felony breaking or entering a motor vehicle, 2) misdemeanor larceny and 3) being a habitual felon. The case was dismissed by the Honorable Yvonne Mims Evans at the close of all of the evidence.
Lamont Welch, 33, was called for trial and changed his previous plea of not guilty to guilty as charged to 1) felony breaking or entering, 2) felony larceny, 3) felony possession of stolen goods, 4) conspiracy to commit breaking or entering and 5) being a habitual felon. Judge Bell sentenced Welch to 60-81 months in prison.
Jarvis Mitchell, 50, was called for trial and changed his previous plea of not guilty to guilty as charged to 1) felony breaking or entering, 2) felony larceny, 3) felony possession of stolen goods and 4) conspiracy to commit breaking or entering. Judge Bell sentenced Mitchell to 11-14 months in prison; that sentence was suspended pending his successful completion of 30 months of supervised probation. As one of his conditions of probation, Mitchell must serve 6 months of house arrest.
Robert Williams, 44, pled guilty to failing to properly register as a sex offender. Judge Bell sentenced Williams to 36-44 months in prison.
Lynn Kiser, 28, pled guilty to two counts of failing to properly register as a sex offender. Judge Bell sentenced Kiser to 36-44 months in prison.
![]() |
| Jerry Mungo |
Derrick Hamilton, 24, and Joshua Oliphant, 28, were tried together for 1) robbery with a dangerous weapon and 2) conspiracy to commit robbery with a dangerous weapon. The jury found both defendants guilty as charged. Judge Bell sentenced Hamilton to 97-129 months in prison. Judge Bell sentenced Oliphant to 111-146 months in prison. Some of Hamilton’s prior convictions include possession of a firearm by a convicted felon and possession of a stolen motor vehicle. Some of Oliphant’s prior convictions include bank robbery and four counts of robbery with a dangerous weapon.
Willis Hopkins, 32, was tried for 1) failure to properly register as a sex offender and 2) being a habitual felon. The jury found Hopkins guilty of failure to properly register as a sex offender and he admitted his status as a habitual felon. The Honorable Forrest D. Bridges sentenced Hopkins to 52-72 months in prison. Some of Williams’ prior convictions include second degree criminal sexual conduct with a minor in the state of South Carolina and failing to properly register as a sex offender.
Jerry Edwards, 26, was called for trial in courtroom 5370. Edwards was tried for 1) felony breaking or entering a motor vehicle, 2) misdemeanor larceny and 3) being a habitual felon. The case was dismissed by the Honorable Yvonne Mims Evans at the close of all of the evidence.
![]() |
| Robert Williams |
Jarvis Mitchell, 50, was called for trial and changed his previous plea of not guilty to guilty as charged to 1) felony breaking or entering, 2) felony larceny, 3) felony possession of stolen goods and 4) conspiracy to commit breaking or entering. Judge Bell sentenced Mitchell to 11-14 months in prison; that sentence was suspended pending his successful completion of 30 months of supervised probation. As one of his conditions of probation, Mitchell must serve 6 months of house arrest.
Robert Williams, 44, pled guilty to failing to properly register as a sex offender. Judge Bell sentenced Williams to 36-44 months in prison.
Lynn Kiser, 28, pled guilty to two counts of failing to properly register as a sex offender. Judge Bell sentenced Kiser to 36-44 months in prison.
Friday, April 20, 2012
Man Sentenced to 2-years for Healthcare Fraud at Non-Profit
![]() |
| Edward Payton |
U.S. District Judge Max O. Cogburn, Jr. also sentenced Edward Gerard Payton, 52, of Charlotte, to serve two years under court supervision after he is released from prison and ordered Payton to pay $131,169 in restitution.
U.S. Attorney Tompkins is joined in making today’s announcement by Chris Briese, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division; and Kay B. Jernigan, Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division (IRS-CI).
Payton was the Executive Director of MOD from 2006 until 2010. In April 2011, Payton plead guilty to knowingly and willfully converting without authority moneys, funds, property, and assets of MOD and failing to file a tax return for 2008. During sentencing, Edward Payton admitted to unlawfully converting at least $147,000 by taking unauthorized pay “advances” from MOD, a health care benefit program which provides mental health services and housing to mentally ill individuals in the Charlotte area.
According to court documents and court proceedings, Payton also admitted to using an MOD corporate credit card and automobile for his personal use, in violation of MOD policy. In his plea agreement, Payton admitted that the total loss resulting from his criminal conduct at MOD was between $70,000 and $120,000 and that, as part of his criminal conduct, he abused his position of trust with MOD. Although Payton plead guilty to failing to file a tax return and pay taxes for tax year 2008, at sentencing the court found that Payton was responsible for failing to pay taxes for tax years 2007 and 2009.
At sentencing, Judge Cogburn noted, “It’s amazing to me that someone could go for a number of years and not file these [tax] returns.” In imposing a term of imprisonment, the Judge also observed that the criminal conduct “didn’t happen on just one day. [It] wasn’t a snapshot. It happened over a period of time.”
Upon designation of a federal facility, Payton, who is released on bond, will be transferred into custody of the Federal Bureau of Prisons. Federal sentences are served without the possibility of parole.
The investigation was led by FBI and IRS. Both agencies are part of the Western District’s joint Health Care Fraud Task Force. The task force is a multi-agency team of experienced federal and state investigators and prosecutors, working in conjunction with criminal and civil Assistant United States Attorneys, dedicated to identifying and prosecuting those who defraud the health care system, and reducing the potential for health care fraud in the future.
Wednesday, April 18, 2012
Man Pleads Guilty in Exploding Pen Case at Turning Point Academy
![]() |
| Jessie Bauguess |
This morning, Jessie Bauguess accepted a plea deal in the case - pleading guilty to malicious use of explosives inflicting injury, malicious damage by explosives and possession of a weapon on school grounds. He was sentenced to 38 to 55 months in jail, which will include time served.
Tuesday, April 17, 2012
Murderer Sentenced to Life in Prison for 2010 Shooting
![]() |
| Michael King |
The Honorable Yvonne Mims Evans, Superior Court Judge, sentenced the defendant to life in prison without the possibility of parole. Because a co-defendant is awaiting trial in this case, we will not detail the facts of the case at this time.
Subscribe to:
Posts (Atom)















