Wednesday, October 10, 2012

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Wednesday, October 3, 2012

CMPD Investigates Saturday Night Shootout on Eastway Drive

Investigators with the Charlotte-Mecklenburg Police Department are still trying to put together the pieces of a Saturday night shooting in Eastway Division that resulted in a car crash. According to police, the shooting could be gang-related.

Authorities say that two cars, each with several passengers, were traveling on Kilborne Drive near its intersection with Eastway Drive. The occupants inside exchanged gunfire between vehicles, which resulted in one of the cars striking a tree. Over twelve people, including some teenagers, were involved in the shooting

In all, the exchange left at least eight victims in its path. Police have five suspects, but have not made any arrests at this time.

If you have any information about this incident, call Crime Stoppers at (704) 334-1600.

CMPD Catches 25th Offender to Remove Electronic Monitor in 2012

Channing Banks
Charlotte-Mecklenburg police arrested 19 year-old Channing Banks on Tuesday for illegally removing his electronic monitoring device.

After two weeks on the run, Banks was apprehended by CMPD on Central Avenue. The 25th offender to remove his device, Banks had been monitored since his release from jail in August. He had been jailed for larceny and possession of stolen goods.

With Banks's arrest, Charlotte-Mecklenburg police have now caught every offender to remove their electronic monitoring device this year.

Tuesday, October 2, 2012

DA's Office: Felony Probation Violations: Report for September 24-27

CHARLOTTE, N.C. – The following is a summary of the felony probation violation cases scheduled during the week of September 24, 2012. The cases were heard by The Honorable James W. Morgan, Superior Court Judge and the Honorable Richard D. Boner, Superior Court Judge, in Courtroom 5170 of the Mecklenburg County Courthouse.

One hundred seventy six (176) defendants came before the court.

25 were scheduled for a probable cause hearing after a recent arrest for a probation violation
56 had their hearing date continued after a motion by the State or Defendant
12 were on for a review set by a previous judge, had an order for arrest issued for failing to appear, or fell within another miscellaneous category
77 admitted violating probation 1 denied violating probation, had a hearing and were found in violation by the judge
5 had their probation violations dismissed by the Court.
0 denied violating probation, had a hearing and were not found to be in violation by the judge 22 had their probation terminated by the judge
13 were sentenced to a 90 day period of confinement (but revocation was not permitted pursuant to N.C.G.S. 15A-1344(d2))
18 were revoked from probation by the judge (if probation is revoked, the defendant is sent to prison to serve the previously suspended prison sentence)
24 were not revoked from probation by the judge; instead, they were continued on supervised probation under the same or additional conditions

Notes about Probation Violations: Generally, felony probation violation cases are scheduled every other week in courtroom 5170; the cases are heard Monday through Thursday. Each Friday of these weeks the courtroom is used for felony guilty pleas or to hear motions for appropriate relief as allowed pursuant to N.C.G.S. 15A-1411 through -1422.

In response to a felony probation violation, a defendant may admit or deny the violation(s). If the defendant admits the violation(s) and the violation(s) are for anything other than committing a new offense or absconding supervision the judge cannot revoke probation and activate the suspended sentence; he/she may only sentence the defendant to a 90-day period of confinement pursuant to N.C.G.S. 15A-1344(d2). However, if the defendant has already been sentenced to two such periods of confinement or if the defendant admits to being an absconder or to committing a new offense, the presiding judge can revoke the defendant’s probation. In lieu of periods of District Attorney’s Office State of North Carolina 26th Prosecutorial District Mecklenburg County CHARMECKDA.COM NEWS RELEASE R. Andrew Murray District Attorney confinement or revocation, the judge may choose to continue the defendant on supervised probation under the same or additional terms, or to terminate (end) the supervision. If a defendant denies the violation(s), a hearing is held in which the probation officer usually testifies. If the defendant is found by the judge to be in willful violation of his/her terms of probation, the judge will take one of the same actions described above that he/she would be permitted to take if the defendant had admitted to the violation(s). 

The DA’s Office does not have the power to dismiss, or negotiate the outcome of, a probation violation. A previous sentencing judge has issued an Order placing the defendant on probation and all violations of that term of probation are alleged by the probation officer and brought before a judge to determine whether a violation exists and, if so, what action should be taken against the defendant for the violation. 

In addition to the probation violation hearings, on Monday of every week, hearings are held to determine whether probable cause exists to detain defendants that have been recently arrested for a probation violation. If probable cause is found, a violation hearing is set for the next available date. If, in lieu of waiting for a violation hearing date, the defendant chooses to immediately admit violation and request activation of his/her sentence, and if such request is lawful, he/she may do so. // End //

DA's Office: Two Convicted of Cruelty to Animals; Seven Convicted of DWI

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.

CMPD Arrest Man for Stolen, Counterfeit Checks

Glen Perry Witcher, Jr,
Forty-four year-old Glen Perry Witcher, Jr. was arrested on charges of passing counterfeit checks which he made after stealing a real check.

Witcher, a Charlotte resident, is accused of taking the check from the mailbox of a woman in Iredell County. He then made the fake checks with the information contained on the real check. He was able to cash one of the checks at a Fifth Third Bank in Davidson. The stolen check was reported to police, who identified Witcher after speaking with bank employees..

Charlotte-Mecklenburg police arrested Witcher last week and released him to the custody of Iredell County authorities.

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.

CMPD Warns of Increased Car Burglaries

Charlotte-Mecklenburg police issued a warning message to local residents regarding the growth of car burglaries in the southwest region of Mecklenburg.

According to police, neighborhoods targeted include those along Steele Creek Road, South Tryon Street, and Moss Road. Wallets, purses, cash, and electronics have been stolen from vehicles left unlocked in those communities.

To prevent your vehicle from being burglarized, be sure to remove any valuables when parking at home or around town. Any suspicious activity should be reported to authorities as soon as possible by calling Crime Stoppers at (704) 334-1600 or Charlotte-Mecklenburg Police Department at (704) 336-7600.

Lancaster Police Search for Teenage Shooting Suspect

Dyeshawn Foster
Authorities in Lancaster, S.C. are looking for the teenage suspect in a shooting that put three people in the hospital on Sunday.

Eighteen year-old Dyeshawn Foster is accused of shooting a man after they had a dispute on the 300 block of Robinson Road at around 3:30 Sunday afternoon.. After Foster shot the man, two other people, whose names have not been released, put the victim in a car to take him to the hospital. That's when reports say Foster started shooting at the vehicle while the three people inside were trying to get away.

All three people in the car were shot and transported to Carolinas Medical Center to be treated. Lancaster police are still searching for Foster, who faces multiple charges including attempted murder and possession of a weapon during a violent crime.

If you have any information on this case or the whereabouts of Dyeshawn Foster, authorities have asked you to call Lancaster police at (803) 283-117. Lancaster Police Department also has an anonymous tip line which can be reached at (803) 289-6040.

Charlotte Police Seek Shooting Suspect

Charlotte-Mecklenburg police say a man was shot Sunday at the Inn Town Suites, located near Albemarle Road's junction with East W.T. Harris Boulevard.

After being shot, the victim ran to a nearby Burger King restaurant to get help. His name has not been released at this time, but he was transported to an area hospital with serious injuries.

Police in Charlotte are still looking for a suspect. If you have any information on this incident, call Crime Stoppers at (704) 334-1600.

Operation Medicine Drop Collects Over 495 Pounds of Medication

Law enforcement officers in Charlotte took up over 495 pounds of prescription medications in part of Operation Medicine Drop. The program is designed to keep children, teens, and adults from taking the medication and to combat prescription drug abuse, including education on proper disposal.

After it is collected, Charlotte-Mecklenburg's team properly dispose of the medicines. This has benefits of the traditional methods, like flushing medicine down the toilet or throwing medicine away. According to authorities, those methods can allow the drugs to find their way into the local water supply.

For over three years, Operation Medicine Drop has encountered great success, collecting over hundreds of thousands of pounds of prescription medications that were either old or otherwise unneeded.

Sunday, September 30, 2012

Body Found in Boone Identified as Charlotte Teen

A 19 year-old native of Charlotte was found dead in a creek in Boone on Saturday morning. The man was identified as Tyler Bladlock, a sophomore at Appalachian State University. Bladlock was studying sustainable development.

A passer-by reported Bladlock's body lying in Kraut Creek. The creek is in Durhan park, which sits near the junction of U.S. 321 and Rivers Street. Investigators have not released whether or not there was evidence of foul play or how Bladlock died.

The investigation continues in the death of Tyler Bladlock. If you have any information about his death, call ASU police at (828) 262-2150.

CMPD Looking for Suspect in Saturday Morning Shooting

Charlotte-Mecklenburg police are looking for the suspect in an east Charlotte shooting that took place at about 2:15 Saturday morning.

According to authorities, the suspect shot two victims on Cental Avenue before they tried to flee in their car. As the pair tried to get away, they crashed into a median on Eastway Drive. They were then taken to a local hospital by another motorist.

The investigation into this case is ongoing, and police are still looking for a suspect. If you have any information on this case, call Crime Stoppers at (704) 334-1600.