Latest posts tagged with news on North Carolina Criminal Law Blog

All eyes were on Houston this week, where Shannon Miles has been charged with murdering Deputy Darren Goforth. Miles allegedly approached Goforth from behind at a gas station and fired 15 rounds into the officer. This CNN story has the details. It includes a statement by the national president of the Fraternal Order of Police that “In the last few years, ambush attacks aimed to kill or injure law enforcement officers have risen dramatically.” I hope that’s a blip, not a trend.

Colorado movie theater shooter James Holmes has been sentenced to 12 life terms plus 3,378 years in prison. He did not receive the death penalty due to the vote of a single holdout juror. CNN’s stories about the sentencing hearing are here and here; the statements from the surviving victims and the families of the deceased are difficult to read.

All eyes are on Charlotte this week. Former CMPD officer Randall “Wes” Kerrick is on trial for voluntary manslaughter in connection with the shooting of Jonathan Ferrell. I have not followed the trial closely but some have suggested that the evidence came in more favorable to the defense than was generally expected pretrial. The jury has now deliberated for more than two full days without reaching a verdict. However, no Allen charge has yet been given. The Charlotte Observer has a useful Q-and-A about the case and the prospects for a verdict here. If the jury hangs, the next question would be whether the State would retry Mr. Kerrick.

The trial of the week this week is in Charlotte, where former CMPD officer Randall Kerrick is charged with voluntary manslaughter in the fatal shooting of former college football player Jonathan Ferrell. The case has attracted some national attention, as evidenced by the CNN coverage here, perhaps in part because Kerrick is white and Ferrell was black. The parties disagree about the extent of the danger posed by Ferrell when he ran towards, and made contact with, Kerrick.

This week, the General Assembly passed H774, which, if signed by the governor or allowed to become law without his signature, would make two significant changes in the administration of the death penalty. Specifically, it would allow a medical professional other than a physician to be present at an execution (current law requires a doctor), and would allow the state to withhold from the public information concerning the identity of any person or entity that supplies the drugs used in lethal injection. WRAL covers the controversy over the bill here. Generally, proponents contend that the changes are needed to allow executions to resume while opponents argue that the bill will simply engender more litigation.

I was captivated this week by the escape of drug billionaire Joaquin “El Chapo” Guzman from a maximum-security prison in Mexico. He walked out through a mile-long tunnel that led from his shower to a building beyond prison walls. You can see the inside of the tunnel here. The DEA is saying all the right things but must be just a little miffed about the whole thing, since (1) this is Guzman’s second escape from a Mexican prison, and (2) Mexico denied the United States’ request to extradite Guzman to face charges in the United States, claiming that it was able to ensure his continued confinement.

By coincidence, I recently finished The Cartel, a novel by Don Winslow about Mexico’s war on drugs. It starts with a Sinaloan kingpin’s escape from a maximum security prison in Mexico, so it’s timely and topical. It’s also bloody and riveting.

This week’s roundup is packed full of good stuff, including news about a new member of the court of appeals, information about North Carolina’s leading role in a major law review piece, data on prosecutor diversity, an announcement of a new publication, and more. Check it out!

The highly publicized escape of two murderers from a New York prison came to an end this week as Richard Matt was shot and killed and David Sweat was shot and captured. Sweat has been telling investigators about the escape and has apparently revealed quite a few interesting details. CNN has the latest here. For whatever reason, even our local media paid much less attention to the escape of a murderer from a North Carolina prison last weekend. Like the incident in New York, North Carolina’s escape involved romance between an inmate and a female guard, as WNCN reports here. The escapee has been recaptured.

There were several major criminal law stories this week, none of them especially cheery. Boston Marathon bomber Dzhokhar Tsarnaev had his sentencing hearing. The result was not in doubt, as a jury had already returned a death verdict. But the judge spoke, several victims spoke – and the defendant spoke, offering an apology that seemed sincere to some and rang hollow to others. CNN’s extensive coverage of the story is here. Obviously, apologies are better suited for things like hurting another person’s feelings than for things like killing and maiming innocent victims, but I for one am glad that Tsarnaev showed the decency and humanity to express regret.

For the last day or so, the headlines have been dominated by the multiple murder at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina. Law enforcement arrested Dylan Roof, 21, in Shelby, North Carolina. Roof is white, while the nine victims were black. Race appears to have been part of Roof’s motive. WRAL has the story here.