Birmingham Criminal Defense Blog : Birmingham DUI & Criminal Defense Lawyer & Attorney : Eversole Law Firm : Criminal and DUI Defense : Serving Birmingham, Montgomery, Alabama

Violent crime is being targeted by law enforcement agencies across the country. Earlier this month, U.S. Immigration and Customs Enforcement (ICE) agents conducted a four-day action against street gangs in Alabaster, Decatur, Hoover, Pelham, and Shelby counties. As part of the operation, 23 individuals were arrested and now face possible deportation. Of those arrested, 20 were males, two were female and one was a juvenile. As an Alabama criminal defense attorney practicing in Birmingham, I know that the claims that these people have ties to violent street gangs must be proven in court. Theft, assault, drug trafficking and murder may be just some of the charges levied against these alleged gang members.

According to news reports, federal agents targeted alleged gangs members in Jefferson, Shelby and Morgan counties. Police reportedly focused their efforts on several "transnational street gangs," as they are called. One of those gangs, “MS-13,” is reportedly one of the largest Hispanic street gangs in the United States. Another group, “Sureno-13,” is one of the most significant gangs operating in the Southeast, according to the National Gang Intelligence Center.

Most of the individuals arrested during the operation were taken to the DeKalb County Jail. Of those, three were released pending immigration hearings. As of Friday, only two faced criminal charges, according to an ICE official. One person in particular, Misael Godoy-Torres, was arrested at Cedar Brook Apartments in Hoover and was been charged with being an illegal alien in possession of a gun, according to court records. An affidavit stated ICE agents received a tip that Godoy-Torres, a Mexican citizen, was a member of street gang Brown Pride 13.

According to reports, when his girlfriend let the agents into the apartment, Godoy-Torres threw a rifle from a third-story bathroom window and was attempting to jump from the window when he was arrested. Agents found a cell phone with pictures of Godoy-Torres with the gun and "what appears to be a gang bandanna," the affidavit stated.

A second man, Margarito Carbajal-Nava, was being held in Decatur City Jail on state charges including violations on three charges of criminal trespassing. According to Officer Sharon Latham said Carbajal-Nava, a 38-year-old Decatur resident, was being held for ICE and was arrested Aug. 30.

A statement issued by ICE Friday stated that agents conducted the operation working with local law enforcement including police officers in Alabaster, Decatur, Hoover and Pelham, and Shelby County sheriff's departments.

Alabaster Police Deputy Chief Curtis Rigney said ICE agents asked his officers for backup during the operation. He commented that his department had not noticed an increased gang presence in Alabaster, but added, "you never know where these gangs are."

Gang raid nets 23 arrests in Alabama, AL.com, September 12, 2009

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If crime wasn’t on the rise lately we probably wouldn’t be seeing such a flurry of local criminal indictments across Alabama. Recently a grand jury in Coffee County handed down more than two dozen indictments for a variety of alleged crimes in the area. As a Birmingham criminal defense lawyer, I represent many different clients, many of whom believe they do not deserve the charges for which they have been arrested. Drug possession and trafficking, Internet crime, criminal sexual behavior, larceny, burglary and all manner of felonies, I always provide a strong and aggressive defense for my clients.

These are a few of the latest charges and accusations by state and local authorities leveled against various individuals throughout our area. The Coffee County Sheriff’s Department served 25-plus grand jury indictments early in September. More will undoubtedly follow.

News reports state that warrants served on the indictments included Christopher D. McCray, 20, of County Road 723, Chancellor, who was arrested on New Year’s Day on charges of murder and attempted murder at the Castle Ridge Apartment complex in Enterprise. According to Enterprise Police Capt. Mike Lolley, police found Tori Maurice Jones, 30, of Hull Street, dead inside an apartment, shortly after midnight. Jones had been shot once in the face and once in the chest. Injured at the scene was George Presley, 26, who walked into Medical Center Enterprise with a gunshot wound in the forehead.

Others included:

• Jeffrey Todd Ivie, 35, of New Brockton, on charges of trafficking and manufacturing of illegal substances, possession of marijuana, first degree and use and possession of drug paraphernalia
• Michael Brett McClain, 19, of Enterprise on charges of first-degree robbery
• Gregory Michael Thames, 37, of Bonifay, Fla., on manufacturing a controlled substance
• Jeffrey Fluellen, 30, of Enterprise, on possession of cocaine and first-degree marijuana charges
• Wilfred H. Wittekind, 75, of Oakwood Dr., Enterprise, on a first-degree sodomy charge
• Robert Wayne Strickland, 45, of Chancellor, on a charge of second-degree assault
• Sarah Smith Rodgers, 27, of Geneva, on distribution of a controlled substance, second-degree possession of marijuana and possession of drug paraphernalia
• Thomas E. McCaw, 25, of Daleville, on charges of second-degree assault, tampering with physical evidence, manufacturing and attempting to elude police
• Nelson Roldansolano, 27, of Melbourne St., Enterprise, on a charge of second-degree felony rape
• Philip Lamar Nolin, 44, of New Brockton, on nine counts of possession of a forged instrument
• Drake Robert Stinson, 20, of Elba, possession and receiving a controlled substance and use and possession of drug paraphernalia

Coffee County Grand Jury hands down indictments, EpriseNow.com, September 15, 2009

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News reports out of Huntsville say six pounds of what drug dealers call “ice,” a crystallized form of meth, was seized in one of the largest drug busts in the history of North Alabama, according to police and drug enforcement officials. On September 3, officers from the Limestone County sheriff’s department arrested Bobby Ray Miller, a resident of Toney, Alabama, on criminal charges of drug trafficking and possession of drug paraphernalia. The 67-year-old was reportedly apprehended at his home on McKee Road along with six pounds of the illegal drug valued at nearly $200,000.

As a Birmingham criminal defense lawyer, I know that the drugs seized as part of this bust represent quite a sizeable piece of evidence, however, I also hold that every citizen is guaranteed under the Constitution to have his day in court. In our system of law, an individual is always considered innocent until proven guilty by a jury of his or her peers. My job as an Alabama criminal attorney is to provide an aggressive defense for those people accused of crimes by our justice system and to represent those clients well, both in the initial criminal case as well as any subsequent criminal appeals trials.

News reports of this incident stated that in addition to the large amount of crystal meth taken in the raid, deputies also seized $100,000 in cash, two Harley Davidson motorcycles, a semi-truck, two pick-up trucks, a Chrysler 300 sedan, and a trailer.

Law enforcement officials with the sheriff’s department say that this arrest for drug trafficking isn’t the first time that Miller has been charged with illegal activities in Alabama. Nearly 15 years ago, he was picked up on gambling charges. In 1995, police arrested the man and confiscated about $90,000 allegedly made off an illegal gambling operation.

6 lbs. of meth seized in Limestone County drug bust, WAFF.com, September 4, 2009

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A local mother has been charged with conspiracy to commit murder and solicitation of murder in the shooting of another woman. As an Alabama criminal defense lawyer, my firm has represented clients in situations similar to 42-year-old Yolanda Seay, who was arrested in mid-August at her home in Birmingham. According to news reports, Seay was taken to county jail after a judge set her bond at $120,000. Conspiracy and solicitation are serious charges that require a skilled legal professional well versed in Alabama criminal law and knowledge of the Alabama criminal appeals process.

This woman’s situation is very complicated because Seay has been linked to crimes allegedly committed by other family members over the years. Seay’s sons, Cortez, Martez and Demarius have been charged or convicted at various times with separate slayings and attempted murder. News reports indicate that only recently did police connect Yolanda Seay with some of the crimes committed by her sons.

Investigators reportedly believe that Yolanda Seay played an active role in the planning and solicitation of the shooting of Kandi Hawkins, a witness against two of her sons in separate cases. Hawkins was shot in June and apparently left for dead. She reportedly survived the shooting, however injuries suffered during that incident left her a quadriplegic and she is currently being cared for at an undisclosed location.

Seay’s first-born, 25-year-old Martez, has been charged with capital murder in the May execution-style slaying of Lonnie Vaughn, a Vestavia Hills father of two who was found in northeast Jefferson County, nude and shot multiple times. Hawkins also is charged with capital murder in that case. Martez Seay has also been charged with solicitation for murder and conspiracy to commit murder in the shooting of Hawkins, who reportedly was his girlfriend.

The youngest Seay son, Demarius, is awaiting trial for capital murder in the April 2008 shooting death of a 17-year-old Parker High School student. Demarius is also charged with attempted murder in the shooting of Hawkins.

According to news reports, Yolanda Seay’s middle child, Cortez, pleaded guilty and was sentence to life in prison for the 2004 murder of a 50-year-old man at a drug house. Cortez Seay was convicted of killing the man over a money dispute.

Mom burdened when three sons implicated in Birmingham murders is now charged too, AL.com, August 17, 2009

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Over the years, I have defended numerous clients in criminal court against a wide variety of charges. A recent news article pointed out the difficulties that a defendant can run into if charged with a serious offense involving the wounding of an innocent bystander during a gun fight. As an experienced Birmingham criminal defense lawyer, I know what influences a jury for or against a defendant. The incident that occurred at the corner of Lomb and Cotton avenues in southwest Birmingham is one such example.

According to police and other reports, gunfire was exchanged between two men inside the convenience store of a local Shell gas station. The incident reportedly was precipitated by an argument between the two, which took place around 9:45 a.m. on Thursday, August 20. During the exchange, in which 20 shots were fired, another customer in the store was slightly wounded.

That man, a 54-year-old assistant pastor at a Birmingham church, was reportedly grazed in the left shoulder by one of the bullets during the gunfight. The man refused medical treatment and said he would take himself to a local hospital. A statement taken from the wounded man at the scene indicated that the two gunmen were shooting indiscriminately at each other with little regard to anyone else in the immediate area. Fortunately, no one else was killed or injured during the incident.

The shootout ended as one of the gunmen ran outside, escaping before police arrived. The other gunman who remained inside was taken into custody by police officers. The facts were sparse in the news reports, but I have aggressively defended numerous clients involved in similar situations. Depending on who instigated the gunfight, there may have been good reason for the other man to defend himself; though the wounding of an innocent bystander, a clergyman at that, will most likely complicate that defendant’s case.

It is every person’s right under the law to have his of her case heard in a court of law. As an Alabama criminal defense attorney, I believe everyone is innocent until proven guilty regardless of public opinion or appearance of guilt based on the so-called facts disseminated through the media. And while criminal trials do not always result in the best outcome for some defendants, in my experience it is usually recommended that individuals pursue the criminal appeals process when the outcome of the original trial has been less than satisfactory.

Bystander wounded, one arrested in shootout at southwest Birmingham gas station, AL.com, August 20, 2009
 

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