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.

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

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

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

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.

Jaquell Villegas

Preston Applewhite

Roderick Antoine Alexander

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. 

DA's Office: Defendant Tried and Convicted for Abusing 3 Year-Old Child

Timothy John Long

CHARLOTTE, N.C. –  Timothy John Long, 28, was found guilty of felony child abuse after a jury trial this week. The trial began on Monday, September 17, in courtroom 5130 of the Mecklenburg County Courthouse before The Honorable R. Allen Baddour, Jr., Superior Court Judge.

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.