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

Three young people have been charged in connection with the fatal shooting of a Krystal employee in Decatur, The Huntsville Times is reporting.

Recently, authorities arrested two people -- a 22-year-old woman and a 20-year-old man -- a day after arresting a 21-year-old man. All three are charged with two counts of capital murder.

Murder charges in Alabama are the most serious a person can face They can lead to decades or life in prison, or possibly the death penalty. For this reason, murder cases should only be handled by the most aggressive and experienced Birmingham Criminal Defense Lawyers. The severity of the penalties requires that the defendant get the highest quality representation possible. Alabama is one of 34 states where the death penalty is applicable in murder cases.

Police believe the three conspired to rob the restaurant and gunned down the night manager, a 50-year-old man, as well as a 23-year-old employee. Authorities allege the woman drove the getaway vehicle.

Both victims were shot with a 9mm pistol; the night manager found behind the counter and the slain employee found in a walk-in cooler. The restaurant's lobby is open until midnight, but the restaurant is open 24 hours and offers service through its drive-thru. The last order that night was placed at 3 a.m. and an employee found the bodies around 5 a.m., the newspaper reports.

One might wonder how three people could all be charged with murder when all three couldn't have pulled the trigger to inflict the fatal wounds. But in Alabama, a person can be charged with murder even if they didn't, personally, kill someone. If people work together to commit a crime and someone dies during the crime -- even if it's one of the co-defendants -- all the defendants who conspired together can be charged with murder.

In this case, police have charged them all with capital murder, meaning they could be eligible for the death penalty. But an arrest on its face isn't proof that a crime was committed. Prosecutors must convince a jury that the defendants are guilty, beyond all reasonable doubt.

In murder cases, the state must show that a suspect either killed a person by premeditation, meaning they planned it out, or while committing another felony at the time of the killing. In this case, the state may argue the defendants were committing a robbery (the felony) when the killings happened. The news article doesn't present any evidence they planned to kill the workers ahead of time.

If defendants face a capital murder charge, they are eligible for the death penalty. And a disturbing report by the Equal Justice Initiative in July found that Alabama is the only state of the 34 that carry the death penalty where judges routinely override jury verdicts -- thereby changing life in prison recommendations to the death penalty, the Press-Register reported.

When a person's life is at stake and they have the state bearing down on them, seeking to kill them legally, they must have an experienced Birmingham Criminal Defense Attorney on their side who can challenge all evidence, poke holes in the state's case and fight the charges as aggressively as possible.

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Many Americans watched as Casey Anthony, the Florida woman accused of killing her own child, was found not guilty of murder and manslaughter recently in Orlando.

And while about two-thirds of Americans believe that Anthony was guilty of killing her two-year-old daughter Caylee, according to a recent Gallup poll, the fact is that her jury found her not guilty of the crimes. The verdict has even caused violence, as a Florida man was arrested after striking a woman after an argument about the verdict, Florida Today reported.

Perhaps more than any other type of crime on the books, murder can evoke strong emotions from not only the families of the defendant and victim, but the public as well. The Anthony case shows just how involved people unrelated to the case can become after news media involvement in a criminal case.

Anthony was charged with killing her daughter in 2008 after failing to report her missing. Her defense team sought to show that the girl died accidentally by drowning in the family swimming pool.

While the state proved at trial that she lied to law enforcement -- four counts punishable as misdemeanors in Florida -- prosecutors couldn't prove she was guilty of first-degree murder or manslaughter, two other charges the state sought to prove. The state was seeking the death penalty, but Anthony will be released after serving jail time.

Anthony's attorneys believed that the pervasive media attention during the death penalty trial was prejudicial to Anthony's case. And while she may have been tried as guilty in the media and in the public's opinion, the only opinion that counts is that of the jury, which found her not guilty.

In Alabama, murder means intentionally taking the life or causing the death through gross recklessness. Murder can also be charged if someone dies while committing certain violent crimes. Manslaughter, however, is a charge that means someone died while another person acted recklessly or in the heat of passion.

Manslaughter can be punished in Alabama by two to 20 years in prison, but murder can be punished by a life sentence or even the death penalty. According to the Alabama Department of Corrections, there are 203 people currently on Death Row.

In Alabama, there are several recognized defenses to murder, such as self-defense, defense of others and provocation. But in any murder case, simply attacking the state's case may be the best defense of the crime.

A competent and diligent Birmingham criminal defense lawyer will extensively study the eye witness statements made to detectives, review police reports for inaccuracies and contradictions and look at alibi defenses and other factors that may disprove the defendant committed the crime. It's also important to file many motions, including motions that seek to limit the amount of evidence, or a statement made by the defendent to police.

In any criminal case, but especially murder cases, statements to police can be detrimental to a defendant. Rarely do statements help a defendant because police are able to lie to defendants in order to get a confession. They can also be used against the defendant at trial and prosecutors can use their evidence to disprove what the defendant told detectives.

These charges are the most serious in our criminal justice system and must be defended with the most aggression compared to any other crime. If you or a loved one faces murder charges, contact an experienced Birmingham criminal defense lawyer immediately.

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A recent shooting in Montgomery turned from an assault case into a murder case when the victim died after being shot four times, NBC News reports.

Birmingham Criminal Defense Lawyers take pride in representing anyone charged with a crime because everyone has a right to and deserves an aggressive defense to criminal charges. It's what makes our criminal justice system better than any other in the world. And murder in Alabama is no exception. This is the most serious charge the government can bring against someone and therefore it requires the most aggressive defense.

In Montgomery, police said a 43-year-old man was shot in both thighs, the right hand and behind an ear during a late-night altercation in the parking lot of a package store. When authorities arrived, they found the man suffering from gunshot wounds and he died two hours later at a local hospital.

Police didn't tell the news agency how they developed the 50-year-old as a suspect, except to say he and the victim were involved in a "continuing altercation." The man now faces a murder charge.

Unless investigators have more evidence other than motive, it may be possible for this man to beat a potential life sentence.

According to statistics from the Alabama Criminal Justice Information Center, 318 people were killed in homicides statewide in 2009 and police made arrests in 197 of the cases. According to the center, in 61 percent of the cases, handguns were used.

Police in Alabama must only be able to prove "probable cause" when they make an arrest. That means there is a reasonable belief that someone has committed a crime. But that isn't the standard of proof in a court of law. In Alabama, in order to be convicted of murder or any other crime, the state must prove their case beyond a reasonable doubt. That means that if there is any element of doubt, a jury is instructed to acquit the defendant.

Murder is a difficult type of charge to defend because the public often believes that if police made an arrest, then it must be true. But this couldn't be further from the truth in some cases, which is why hiring an aggressive defense lawyer is key. To prove murder, police must have credible eye witnesses, ballistics matching the gun to the bullet, a confession, video surveillance or other proof.

It is critical, as it is in any criminal case, not to make a statement to police without first consulting with an experienced attorney. Police are allowed by law to lie to suspects. Defendants may think they are helping themselves by trying to talk to police, but it will only come back to haunt them.

With a charge like murder, which is punishable by anywhere from decades in prison to the death penalty, this advise is never more critical. If you are charged with or being investigated, immediately consult with Birmingham Criminal Defense Lawyers before talking with investigators or doing anything else. Your liberty may depend upon it.

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My years as an Alabama criminal defense attorney has given me the opportunity to represent a wide range of individuals accused of numerous criminal offenses. Birmingham, Bessemer and Tuscaloosa are just a few of the jurisdictions in which criminal trials are held on a daily basis. The following list illustrates the types of crimes that local police and prosecutors pursue on a regular basis. Many of these Huntsville crimes may be brought before local judges and magistrates for trial, deliberation as well as appeal.

North Precinct
A central heating and air conditioning unit was stolen from a home on Battle Road; while later a man was robbed of his cellphone and car keys along Blue Spring Road near Gala Drive. On Summerhill Drive, police responded to report of a theft from a parked car outside a home; a debit card with an undisclosed value, a cell phone, a digital camera and a credit card were all stolen.

South Precinct
Another vehicle was allegedly broken into at a home in the 600 block of Douglas Lane; the victim reported that 60 alprazolam tablets and 90 hydrocodone tablets were stolen from the vehicle. A similar burglary occurred on Drake Avenue, where a bag, digital camera, textbook and three prescription medications were stolen from a parked vehicle on the 200 block of that street.

A 1998 GMC Sierra and a 2004 Dodge Stratus were stolen by deception from an undisclosed location along Memorial Parkway; the complainant told police that the theft occurred between August 6 and 7 even though the crime was just recently being reported to police.

West Precinct
A 16-year-old boy was assaulted at a school on Holmes Avenue around noontime. Later that week police discovered five small bags of powdered cocaine and a small green pill during a traffic stop at I-565 in the early morning hours. Later that same week, Police investigated the theft of a 16-foot utility trailer, 12 used catalytic converters and an undetermined amount of scrap metal from an undisclosed location along Old Alabama 20.

Two vehicles, one at a home in the 6000 block of Rime Village Drive and another at a restaurant along Sanderson Street were burglarized several days apart. The first had its radio stolen, while the owner of the vehicle at the restaurant reported that a .40-caliber handgun had been taken.

Huntsville police blotter, AL.com, January 30, 2010

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As a Birmingham criminal defense attorney, I have seen a wide of criminal indictments for crimes ranging from drug manufacturing and computer fraud to assault and murder. If there is one thing I am certain of, that is every citizen’s right to a fair criminal trail and to be considered innocent until proven guilty.

Just last month, two men from Lauderdale County, AL, were charged with extorting money from individuals in northern Alabama. According to news articles, the two posed on numerous occasions as private investigators using their false personas as a way to get money from their alleged victims.

The two men are reportedly both from Florence, Alabama. According to reports, 44-year-old Mark Douglas Wilson and 47-year-old Gregory Jones Harrison were charged with second-degree extortion by law enforcement authorities -- this is a Class C felony and punishable by up to 10 years in prison following a conviction. The recent arrests came following allegations against the two and a subsequent probe by the Alabama Bureau of Investigation.

Officials at the ABI allege that Harrison and Wilson presented themselves as private investigators working under contract with the ABI to conduct investigations into criminal activities. The two men are accused of attempting to extort large sums of money from the various individuals they had targeted.

According to information provided by the ABI, the suspects apparently explained to the victims that their names were included on a list of persons involved in criminal activity and that they would be arrested in an upcoming roundup by law enforcement. The extortion came in the form of promises to remove those person’s names from the fictitious list in exchange for certain payments.

Investigation into the alleged extortion arrangement commenced after the ABI was contacted by a local businessman who said he had been approached by Harrison and Wilson. The investigation reportedly lasted a little more than one week. Following the arrest the two suspects were placed in the Lauderdale County Detention Center until they were released on bail of $1,000 each.

Two local men charged with extortion, TimesDaily.com, January 23, 2010

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Cullman County -- Police recently arrested a man for allegedly operating a meth lab at his home in Hanceville, AL. Billy Floyd Norris apparently called police to report some stolen property. When officers arrived, the 33-year-old man told them that that his roommates had robbed him. Police could not verify that a robbery had occurred, however they did discover traces of drugs on the premises, as well as evidence of an active methamphetamine lab. The Cullman Narcotics Enforcement Team took samples to positively identify the seized chemicals and drugs. Norris was charged with manufacturing and unlawful possession of a controlled substance. He was incarcerated at the Cullman County Detention Center on $1 million bond.

Franklin County -- A Russellville woman has been accused of raping a 13-year-old boy, according to authorities. Ashley Turner, 24, was indicted by a grand jury in May for allegedly having an extended sexual relationship with the boy at his home during 2008. The boy’s parents reportedly did not find out until after the relationship had been ongoing for some time. The Franklin County Sheriff's Office said Turner and the boy are friends and that the boy consented to the sexual relationship. Legally the boy is too young to consent -- therefore a charge of second-degree rape has been lodged against Turner. This is a Class B felony that carries a prison sentence of two to 20 years.

Madison County -- A resident of Harvest, Alabama, was arrested recently for attempting to pass a counterfeit $100 bill at a Madison McDonald's restaurant. According to reports, police arrested James Michael Cook on June 8 after an employee reported the incident to police. A preliminary investigation led authorities to find $6,200 in counterfeit $100s in Cook's possession. In a subsequent search, Madison police and the U.S. Secret Service located and seized an additional $9,700 in counterfeit $100 bills. Cook has been charged with first-degree criminal possession of a forged instrument and is being held in the Madison County jail on $20,000 bond.

Mobile County -- Authorities say that Stanley "Red" Harris was charged June 12 with capital murder in the death of 41-year-old Karen Tillman, who was shot to death during a robbery in Grand Bay. The Mobile County sheriff's office said it was unclear what type of relationship Harris had with Tillman or why the two were traveling together when the shooting occurred during the evening of June 11. According to reports, Tillman got out of the vehicle and was picked up by a passer-by who drove her to a nearby home. Deputies called to the scene of the shooting said that the victim named Harris as her attacker before she died. Harris was arrested at his grandmother's house in Irvington and is currently being held in the Mobile County Metro Jail without bail.

Man reports robbery, police find working meth lab, TheNewsCourier.com, June 15, 2009

Metro Breifs, AL.com, June 13, 2009
 

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As an Alabama criminal defense lawyer and attorney I have devoted my life to defending those accused of crimes.  I routinely represent clients in Birmingham and throughout the state of Alabama in Alabama DUI charges, Alabama Theft Charges, Alabama Drug Charges and crimes, Alabama and Federal Criminal Appeals, Sex Crimes including rape and sexual assault, as well as Alabama traffic and speeding tickets. 

I will defend your Constitutional Rights no matter the charge and no matter the circumstances.  Just because someone has been accused of an Alabama DUI or Drug Crime does not mean they are guilty.  Criminal charges are often obtained against innocent people or people who the state cannot convict.  You will increase your likelihood of a successful resolution to your situation by immediately contacting an attorney or lawyer who focuses his practice on Alabama criminal and DUI defense.  The very nature of a criminal conviction means that all criminal charges are serious charges and deserve serious attention.  Even a single DUI conviction for example can land you in jail, promises significant fines in the thousands, loss of drivers license, you could possibly lose your job, your security clearance at work, or maybe not even get a job because of the background checks that many companies are performing these days.  Your car insurance will surely sky rocket and you could lose your neighbors respect.  Likewise, just one conviction for possession of a controlled substance requires a minimum one year jail sentence. 

The state and the Alabama prosecutors must present evidence in court that would allow a jury of your peers to find you guilty beyond a reasonable doubt.  My job as an Alabama criminal defense lawyer and attorney is to make sure the jury has that kind of doubt.  Beyond a reasonable doubt is a high standard to leap and a good Alabama DUI and criminal defense attorney can accomplish wonders.  In fact, in many instances, especially in DUI and Drug charges, it is possible to have these cases dismissed or reduced prior to any trial.  If you have been charged with a crime in Alabama, and you cannot afford to lose, call the Alabama criminal defense lawyers and attorneys at Eversole Law today.  My contact information listed on this site rings my personal cell phone directly.  I will answer your call and handle your case from beginning to end. 

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I practice Alabama criminal and DUI defense in the following counties and municipalities: 

In the Birmingham, Alabama Metro area the lawyers and attorneys of Eversole Law routinely defend Alabama criminal and DUI cases in the following courts:

Jefferson County Circuit Court, Jefferson County District Court, Adamsville Municipal Court, Argo Municipal Court, Birmingham Municipal Court, Bessemer Municipal Court, Branchville Municipal Court, Fairfield Municipal Court, Fultondale Municipal Court, Gardendale Municipal Court, Homewood Municipal Court, Hoover Municipal Court, Hueytown Municipal Court, Irondale Municipal Court, Kimberly Municipal Court, Leeds Municipal Court, Morris Municipal Court, Mountain Brook Municipal Court, Odenville Municipal Court, Pleasant Grove Municipal Court, Springville Municipal Court, Trussville Municipal Court, Vestavia Municipal Court, Warrior Municipal Court

In the Shelby County, Alabama area the lawyers and attorneys of Eversole Law routinely defend Alabama DUI and criminal cases in the following courts:

Shelby County Circuit Court, Shelby County District Court, Alabaster Municipal Court, Calera Municipal Court, Columbiana Municipal Court, Harpersville Municipal Court, Helena Municipal Court, Hoover Municipal Court, Pelham Municipal Court, Vincent Municipal Court

Other areas of Alabama the lawyers and attorneys of Eversole Law routinely defend DUI cases include:

Tuscaloosa County Circuit Court, Tuscaloosa County District Court, Tuscaloosa Municipal Court, Northport Municipal Court, Chilton County Circuit Court, Chilton County District Court, Jemison Municipal Court, Thorsby Municipal Court, Blount County Circuit Court, Blount County District Court, Blountsville Municipal Court, Altoona Municipal Court, Talladega County Circuit Court, Talladega District Court, Talladega Municipal Court, Lincoln Municipal Court, Sylacauga Municipal Court, Childersburg Municipal Court, Tallapoosa County Circuit Court, Tallapoosa County District Court, Alex City Municipal Court, Dadeville Municipal Court, Lee County Circuit Court, Lee County District Court, Auburn Municipal Court, Opelika Municipal Court, Montgomery County Circuit Court, Montgomery County District Court, Montgomery Municipal Court, Prattville Municipal Court, Elmore County Circuit Court, Elmore County District Court, Wetumpka Municipal Court, Millbrook Municipal Court, Bibb County Circuit Court, Bibb County District Court, Cullman County Circuit Court, Cullman County District Court, Cullman Municipal Court, Hanceville Municipal Court, Madison County Circuit Court, Madison County District Court, Huntsville Municipal Court, Madison Municipal Court, Etowah County Circuit Court, Etowah County District Court, Gadsden Municipal Court, Calhoun County Circuit Court, Calhoun County District Court, Anniston Municipal Court, Oxford Municipal Court, Jacksonville Municipal Court, Orange Beach Municipal Court, Gulf Shores Municipal Court, Loxley Municipal Court, Foley Municipal Court, Crenshaw County Circuit Court, Crenshaw County District Court, Escambia County District Court, St. Clair County Circuit Court, St. Clair County District Court, Pell City Municipal Court, Walker County Circuit Court, Walker County District Court, Jasper Municipal Court, Hollywood Municipal Court, Morgan County Circuit Court, Morgan County District Court, Decatur Municipal Court

THIS LIST IN NON-EXHAUSTIVE. WE DEFEND DUI & CRIMINAL CASES IN ANY COURT IN THIS STATE.

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An Alabama police officer was shot and killed last week.  Officer Eric Freeman was shot in the head after investigating a traffic accident in Huntsville, Alabama.  Officer Freeman approached Ken Shipp Jr. sitting by the street on a curb.  The police officer was going to arrest Mr. Shipp for driving under the influence of alcohol.  Mr. Shipp stood up and shot Officer Freemen in the head instead.  Shipp is being charged with capital murder and is being held without bond in the Huntsville jail. 

Mr. Shipp had been arrested for a previous DUI and apparently thought it better to kill a police officer than spend a night in jail.  He has obvious mental issues.  Combined with alcohol these mental issues could call into question whether Mr. Shipp had the Mens Rea required for capital murder.  At least that's an Alabama criminal defense and DUI lawyer and attorney's two cents worth. 

My sincere condolences to the Freeman family. 

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The Alabama Murder statute is listed below for your Sunday morning reading pleasure.

§ 13A-6-2. Murder.

(a) A person commits the crime of murder if he or she does any of the following:

(1) With intent to cause the death of another person, he or she causes the death of that person or of another person.

(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.

(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.

(4) He or she commits the crime of arson and a qualified governmental or volunteer firefighter or other public safety officer dies while performing his or her duty resulting from the arson.

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