Tag Archive for: Law

Southaven, MS Man Killed After Encounter With Police on LSD. Troy Goode, a healthy, 30-year old engineer with a wife and infant son, was, among many other things, a lifelong Widespread Panic fan. Like many who grew up listening to the band’s shows. Even those who grew up around a friend who constantly played the ‘Spread (perhaps to their annoyance), attending a Panic concert was a special event for Troy. And as he got older, as many of us find, the shows we are able to catch get fewer and farther between. As life begins to turn that young man’s freedom to travel into a fond, distant memory.

Unfortunately, Troy and his wife had to leave the show early due to Troy’s apparent intoxication. Troy began acting erratically, exiting the vehicle at one point, and soon drew the attention of the Southaven, MS police. Chief Tom Long of Southaven PD says the authorities were told that Troy was experiencing an “alleged LSD overdose.” Certainly we await results of an autopsy and toxicology report. The most cursory internet search reveals the concept of an “overdose on LSD” to be pure misconception at best, and sinister propaganda at worst. A preliminary autopsy report indicates that Troy died from a heart-related issue.

According to the family’s lawyer, Tim Edwards, Troy was acting “erratically,” but was not violent when the police forcibly subdued him. Of course, police must take every precaution. When approaching a potential suspect who appear to be on psychoactive drugs, are non-compliant and acting erratically. However, the manner in which Southaven PD subdued Troy is the real cause for concern. According to official police statements, eyewitness testimony, and cell phone video camera footage capturing the entire ordeal, what happened next was as follows:

1. This man was taken to the ground by an officer who then subdued him by sitting on his back;
2. During his arrest, officers restrained Troy’s arms and legs by “hog-tying” them behind his back;
3. Troy was then placed face-down on a stretcher;
4. He reportedly communicated to officers multiple times that he was struggling to breathe (note – Troy had asthma);
5. Troy was kept in this position (and thus not taken to the hospital) for over an hour, according to eyewitness reports.

The District Attorney John Champion refuses to say “hog-tied.” According to Champion, “… I refuse to use that term, because that’s not what this is.” Troy was placed in leg irons, which were then attached to the handcuffs he had on behind his back. Champion further stated that in his opinion, the way the officer used the leg irons on Troy was “within the law.” While I certainly hope Mr. Champion is incorrect about the legality of the use of leg irons and handcuffs in tandem behind a person’s back, even if he is correct, this practice should be reviewed given the risk of positional asphyxiation presented by “hog-tying” (I have no problem with using the term – I’ve seen a hog tied, and I am sorry to report that on video, it appears Troy was restrained in a very similar manner). Even on LSD he should have been handled differently.

Troy was eventually taken to Baptist Hospital. After a couple of hours, Troy’s family got a call from the police, saying that Troy’s condition was “stable,” but that if any family showed up at the hospital to check on their family member, they would be arrested for “obstruction of justice.” Soon after this exchange, an employee of the hospital called the family to inform them that Troy had passed away.

This story has had a surprisingly mixed response in Alabama. While many express sympathy and extend condolences to the family of the deceased, some seem to take this opportunity to advance their “anti-drug” agenda, and others outright blame Troy for his own death. It’s this last group I’d like to address here:

You are essentially arguing that “if he hadn’t taken LSD, he wouldn’t be dead.” And in all likelihood, that is a true statement. But it is also a useless statement. It’s like saying “if I hadn’t bought her that car, she never would have died in that car crash.” The argument does away with the relevant proximate cause of the death, and substitutes what is known as actual, “but-for” cause. This second conception of causation is infinitely broader than proximate cause (ie the real reason Troy is dead v. the million different decisions he hypothetically could have made that day and ended up alive).

In short, to blame Troy for his death because he took LSD is to ignore the most salient facts we have that offer a more plausible explanation for his death than “LSD overdose.” Between the anxiety of forcible restraint, the pre-existing asthma condition and ignored complaints from Troy that he couldn’t breathe, it appears his LSD intake (estimated as being 4-5 “hits”) is the least likely cause of his death.

The police have a difficult and dangerous job. They regularly encounter dangerous individuals on mind-altering substances. They are charged with the duty of enforcing the laws of their jurisdiction, but are not trained as lawyers. The police make mistakes. However, it appears this death was totally avoidable, and practices such as “hog-tying,” treatment complaints of asphyxiation, and police response to reports of people suspected of being on psychedelic drugs, are all issues that need to be examined. Our thoughts and prayers go out to the family of Troy Goode. You can donate to Troy’s family at the link below:

www.youcaring.com/kelli-goode-395627

Operation T-Bone: Alabama’s Crackdown on Food Stamps Fraud. Teams of Alabama law enforcement officials this morning executed 242 search warrants and made 17 arrests as part of “Operation T-Bone,” an extensive, multi-agency crackdown on food stamps fraud. Investigators filed for forfeiture and condemnation of 11 stores. Alleged to be involved in the fraud, totaling over $1 million in assets. The Jefferson County District Attorney’s Office launched the investigation back in February. Now claim to have proof that the individuals arrested bilked the taxpayer-funded food stamps system for hundreds of thousands of dollars. They also uncovered evidence that some of the ill-gotten gains were wired to Yemen.

Over 900,000 Alabama citizens get government assistance through EBT cards each year. These cards can be used to purchase food and non-alcoholic drinks through the Supplemental Nutrition Assistance Program (SNAP). Investigators allege that the business owners arrested would purchase these EBT cards from welfare enrollees for $0.50 on the dollar. Use the cards to make wholesale purchases of food and drinks to sell in their stores. The person selling their EBT card would then be able to spend the cash. Furthermore, on alcohol, tobacco, illicit substances, or whatever they want.

“Part of the problem, in my opinion, is now they don’t have their food stamps card so they don’t have the money to take care of their families or themselves,” says Deputy District Attorney Cynthia Raulston. “I think it’s a huge cycle of remaining impoverished.”

The investigation had humble beginnings – Gardendale police arrested a man for shoplifting steaks and other items from the local Wal-Mart, and when he was questioned, he claimed he was giving the stolen merchandise to two local convenience stores to resell. When investigators called Wal-Mart’s Global Investigations Unit to see if they wanted to probe further, they were told that Wal-Mart was already investigating those stores for EBT fraud. Investigators learned not only of the scheme to buy EBT cards and purchase stock with them, but also that stores would overcharge for an item and give the cardholder cash back on their purchase.

Raulston called the problem “pervasive” and rampant, saying all it took to fraudulently obtain an EBT card is to walk into the community and mention a beneficiary card. Another concern, beyond the theft of taxpayer funds, is the inflated prices caused by EBT card fraud. According to Raulston:

“One of the biggest issues is they’re marking up these items in the stores and charging more than what retailers would charge and they’re in the middle of food deserts with no transportation so they don’t have a lot of options” … “It’s not only the EBT card beneficiaries, but you’ve got the working poor paying marked up prices. They’re getting ripped off.”

It’s that time of year again when motorists will be celebrating Memorial Day. This usually consists of good food, music, and the occasional alcoholic beverage. However, this also happens to be the time of year where law enforcement takes a more aggressive stance on DUI enforcement.

Our infographic gives you the top 10 reasons to hire a DUI attorney.

Let’s honor our veterans but stay safe out there!

What to Expect at a New Years Eve DUI Checkpoint. It is that time of year again where motorists will be ringing in the new year. This usually consists of good food, music, and the occasional alcoholic beverage. It is this time of year where law enforcement takes a more aggressive stance on DUI enforcement. Checkpoints are one manner by which law enforcement handles the enforcement of DUIs. Below you will find what you can expect during a DUI checkpoint.

When an officer first makes contact with a motorist who is stopped at a DUI checkpoint, the officer will be looking for physical manifestations of intoxication. These manifestations include slurred speech, glassy/bloodshot eyes, an odor of alcoholic beverage, inability to follow instructions or any other signs the officer deems a symptom of intoxication. One of the major other signs the officer will be looking for is whether the motorist is being belligerent or combative.

One of the simplest ways to avoid an issue at a DUI checkpoint is to be polite. A motorist who is polite and cooperative will be passed through much sooner than one who is uncooperative and belligerent. Remember though being cooperative is not the same thing as waiving your constitutionally protected rights. You have the right to refuse field sobriety tests as well as any breath alcohol tests.

If an officer suspects you are guilty of DUI, the next step after observation will involve the above mentioned tests. Officers will request that you submit to field sobriety tests. These tests include the Horizontal Gaze Nystagmus Test, the Walk and Turn Test and the One-leg Stand Test. You have the right to refuse any of these tests. If you refuse these tests or even if you comply with these tests, the officer is the sole decider about who is or is not intoxicated.

The final stage of a DUI checkpoint will consist of a breath alcohol test. This test will calculate a motorists breath alcohol content. In Alabama, this test will likely be the Draegar Alcotest 7110. Prior to providing a breath test, a motorist will be advised their license will be suspended if they fail to provide a breath sample. Although the officer will make it sound as if a motorist has to provide a breath sample, motorists do not. Motorists can always refuse the tests

If for some reason you or someone you know is stopped and arrested for DUI, please call our attorneys at Boles Holmes White and allow us to assist you in the defense of your DUI charge.

Forkland Mayor Surrenders to Face Felony Charges. Derrick Biggs, the mayor of Forkland, Alabama, has surrendered to Greene County authorities and will now face charges of first-degree theft and tampering with government records. Biggs had been sought by police since it was discovered that more than $6,000 was missing from the Forkland’s water department. If convicted, Biggs would have to vacate the office of mayor of the town since state law prohibits a person with a felony conviction from holding elective office. Records show that Biggs was booked into the Greene County Jail at 11:49 a.m. on Wednesday morning.

An investigation by the Greene County Sheriff’s Office remains ongoing. However, Forkland’s water clerk, Allene Broadwater, reported on Monday that a total of $6,413.19. Furthermore, is currently unaccounted for between December 2013 and April 2014.  The discrepancy was first found a few months ago when Broadwater examined the daily cash payments and nightly deposits.  She reported this information to her supervisor. Therefore, who discovered the discrepancies were only taking place on deposits made by or approved by Biggs.

Biggs won his position in an August 2012 municipal election. He is now the second consecutive mayor of the town to be accused of stealing public money while in office.  The former mayor of Forkland, Eddie J. Woods, left office after facing a theft charge in Greene County Circuit Court for allegedly stealing money from the town.  The case against Woods is still pending.

In the state of Alabama, theft of property in the first degree is a Class B felony.  The sentencing range for this crime is no more than twenty years in prison, and no less than two years. A fine may also be imposed for these charges, but may not exceed $10,000.00.

If you or someone you know has been accused of theft, it is important that you contact a criminal attorney to handle your case.  The lawyers at Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Call to schedule a free consultation today.

Crimson Tide Football Player Arrested for DUI. A vehicle collision early on the morning of July 13th. This led to the arrest of a defensive lineman on the University of Alabama football team. Police witnessed Jarran Kentel Reed, 21, backing his 2011 White Dodge Charger into another car at the City Fest Parking lot in Tuscaloosa.  Reed attempted to flee the scene of the accident. Although, a police officer was able to make contact and order the vehicle to be stopped.  Furthermore, officers noted a strong odor of alcohol coming from inside the vehicle. Therefore, immediately administered a standardized field sobriety test.  Reed’s blood alcohol content was found to be 0.13%. Which is above the legal limit of .08%.

However, Reed was arrested for driving under the influence and transported to the Tuscaloosa County Jail where he was being held on a $1,000 unsecured bond. He becomes the second Alabama football player to be arrested in the last eight days in Tuscaloosa.  Kenyan Drake was arrested last Saturday on charges of obstructing government operations after he tried to retrieve his vehicle from a roped off police area at Kennedy’s Bar.

Crimson Tide Football Player Arrested for DUI conclusion:

If you or someone you know is facing DUI charges, it is important that you contact an experienced attorney to handle your case. The lawyers at Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Call to schedule a free consultation today.

All-Offender Ignition Interlock Legislation Officially in Effect. A new law that is designed to make it easier for judges to require DUI offenders to install ignition interlock devices in their vehicles. This officially went into effect for the State of Alabama on July 1st. The changes will now allow judges to force first time convicted DUI offenders to install an ignition interlock device for at least six months if their blood alcohol content is higher than .08 percent.  The installation of this device will allow a driver to avoid having their driver’s license suspended.  In April, Alabama became the 21st state to pass this version of the law

Senator Bill Holtzclaw and Representative Allen Farley have been applauded for their leadership. Therefore, in authoring this piece of legislation, HB 381/SB 319.

Alabama was the final state to enact an ignition interlock law in 2011.  The previous legislation was set-up to require ignition interlocks for all repeat and first-time convicted drunk drivers with a blood alcohol concentration of .15 or higher.   However, the law was never implemented.  The following year, over 250 people were killed in drunk-driving related traffic crashes. Furthermore, could have potentially been prevented had convicted drivers been using interlocks.

Ignition interlock laws have become a top priority of Mothers Against Drunk Driving (MADD).  The organization has reported that states with all-offender ignition interlock laws have reduced drunk driving deaths by 20% or more.  Oregon(42%) and Arizona(43%) have seen the nation’s highest reduction ins drunk driving fatalities.

Alabama Expungement Law Takes Effect. Have you ever filled out a job application? If you have, you’ve probably been asked, “Have you ever been arrested?” It’s a pretty loaded question.

What if you were arrested, but prosecutors dropped the charges? What should you say then?

If you say no, you’re lying. If you say yes, the person reading the application will judge you for something you didn’t even do. “Well, they were arrested. Therefore, they must’ve done something wrong,” they’ll think. In addition, if they want, they can search the records and see the arrest for themselves.

Alabama’s lawmakers are fixing this problem.  On July 7th, a new expungement law will go into effect that allows Alabamians who have been arrested, but not convicted of a crime, to wipe away their arrest records. The expungment law also covers those that entered and completed deferment programs like drug or DUI court.  If your records are expunged, you may not have to disclose your arrest records on job, credit, or other applications.

Do you qualify to have your arrest records expunged? Let’s find out:

If you were charged with a misdemeanor, traffic violation, or municipal ordinance violation, your arrest records can be expunged. For instance, they can be expunged immediately if your charge was dismissed with prejudice, no-billed by a grand jury, or if you were found not guilty. For example, if the charge was dismissed without prejudice and prosecutors haven’t refiled it, you have to wait two years to expunge your records.

However, if you were charged with a felony, expungement depends on whether or not you were charged with a “violent” felony. Section 13A-11-70 of the Alabama Code lists the felonies that are considered violent. They are:

Most likely, any other felony charges are non-violent and can be expunged immediately if they were no-billed by a grand jury, dismissed with prejudice, or if you were found not guilty. Although, if you were offered a diversion program like mental health treatment, drug rehab, or veterans’ court, you can expunge your records one year after you complete the program. Finally, if your charge was dismissed without prejudice and prosecutors haven’t refiled it, you can get it expunged after five years if you haven’t committed any other crimes during that time.

So you qualify under the new law. How do you start expunging your arrest record? First, send a petition to the circuit court where the charge came from. Your petition will only be considered if you’ve already paid your other court fees and fines. Furthermore, you need to send a copy of your petition to the DA and the law enforcement agency that arrested you. The petition requires:

  • A sworn statement that you meet the law’s requirements;
  • A case action summary or certified copy of the arrest and case disposition;
  • A certified copy of the arrest record from the Alabama Criminal Justice Information Center;
  • A description of the charges to be considered for removal and a description of the agencies involved in the arrest and any incarceration;
  • And $300 plus any local filing costs or court costs that the court charges.

Firstly, after you submit your petition, the DA’s office and the alleged victims have 45 days to file their own petition to keep the arrest records public. If nobody opposes, the judge can expunge the records right away, but otherwise, the judge will set a hearing at least 14 days from the date of the opposing petition.

Lastly, having a lawyer can make this process much easier.

However, if you have old arrest records hanging over your head, the new law could be a great opportunity for relief. Don’t miss it. Contact an experienced criminal defense attorney today to see if you qualify for expungement. If you do qualify, that attorney may be your best ally as you draft your petition. Therefore, an attorney can negotiate with the DA, explain your circumstances to the judge, and represent you at a hearing if victims object to your petition. Moreover, should you choose to call an attorney, the defenders at Boles Holmes White, are prepared to help you expunge your old arrest records. Contact us today for a free consultation at 205-502-2000.

Man Arrested and Charged with Sexual Abuse in Tuscaloosa. James Robert Burns, 62, has been arrested and accused of sexually assaulting a 16-year-old girl in Tuscaloosa.  The charges stem from an incident that took place around 6:00 p.m. on Monday evening near the 15000 block of Beacon Point Drive.  When investigators arrived on the scene in reference to a sexual assault, the teenager stated that she had been sexually abused by a man who lives at the residence.  It was determined that alcohol played a large role in the incident. After witnesses were interviewed and the crime scene was examined. The victim is being treated at DCH Regional Medical Center. While Burns has been taken to the Tuscaloosa County Jail for questioning.  He is being held on a $50,000 bond.

In the state of Alabama, sexual abuse of the first-degree is a Class C felony offense. That is punishable by up to 10 years in prison and up to $15,000 in fines.

Man arrested and charged with sexual abuse in Tuscaloosa consluion:

First-degree sodomy is a Class A felony that is punishable by between 10-99 years in prison. Fines up to $20,000, and registration as a sex offender.

Furthermore, if you or someone you know has been accused of a sex crime, it is important that you contact a criminal attorney to handle your case.  The lawyers at Boles Holmes White are experienced in a variety of legal matters. Therefore, have a history of success in the courtroom. Call to schedule a free consultation today.

Birmingham Police Arrest 15 in Operation Recoil. A total of 15 individuals have been arrested in an ongoing attempt by law enforcement to crack down on the illegal sales of firearms and drugs.  United States Marshals and ATF agents teamed up with Birmingham Police Department’s Crime Reduction and Neighborhood Enforcement teams to apprehend the suspects in a round-up that is part of bigger effort known as, “Operation Recoil”.

The suspects arrested are accused of a variety of crimes ranging from drug trafficking to felony possession of firearms.  Authorities also allege that seven individuals were involved in a nationwide scheme that used stolen credit card numbers to buy guns online.  These firearms were sent to Birmingham where another group illegally sold them, often to convicted felons. According to police, much of this activity was going on in the eastern portion of Birmingham.

However, Birmingham Police Chief A.C. Roper said the following in a released statement:  “Our department’s number priority is reducing violent crime. We’ve reported historic crime reductions in the City of Birmingham but much work remains to be done,”

The 15 suspects arrested by police are:

  • Lance Alexander – Conspiracy to Obtain Illegal firearm
  • Brian Beasley – Felon in Possession of a Firearm
  • Quantrey Bryant – Credit Card Fraud, Illegally Obtaining a Firearm, Wire Fraud
  • Michael Chavis – Federal Indictments
  • Christopher Collins – Felon in Possession of a Firearm
  • Marquette Harris – Conspiracy to Obtain Illegal Firearm
  • Eric Jones – Felon in Possession Conspiracy, Possession of a Firearm during Drug Trafficking Crime, 2 counts of Possession with Intent to Distribute  Methamphetamine
  • Christiana Peavy – Federal Indictment
  • Curtis Robinson – Federal Indictment
  • Mizell Sanders – Felon in Possession of a Firearm
  • Clifford Smith – Felon in Possession
  • Norman Stanton – Federal Indictment
  • Larry Steel – 4 Counts of Felon in Possession of a Firearm, 3 counts of Possession of a Firearm during Drug Trafficking Crime, 2 counts of Possession with Intent to Distribute  Cocaine
  • Lerrell Dowdell – 2 counts of Felon in Possession of a Firearm, 2 counts of Distribution of Heroin,  Felon in Possession of a Firearm/Heroin
  • Antonio Watkins – Felon in Possession of a Firearm