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

Being an experienced Birmingham criminal defense attorney, I have the knowledge and skills to represent Alabama residents and other persons accused of committing crimes by the law enforcement agencies of this state. These criminal acts can include theft, larceny, assault, drug possession, criminal sexual behavior, murder and other crimes. As an Alabama criminal lawyer, I do believe that an individual is innocent until proven guilty in a court of law. That’s something nobody can take away because it’s a Constitutional protection granted to everyone in the United States.

Recently, a Franklin County grand jury handed down a number of indictments for a variety of crimes. Many of these individuals will claim that they were unjustly accused. A trial will be held to determine the guilt or innocence of each person. Here is a selection of those indictments:

• Aaron Andrew Adams, 22, Vina -- third-degree robbery
• Sarah Marie Beasley, 25, Haleyville -- possession of a controlled substance and drug paraphernalia
• Andrew Eric Bryant, 19, Haleyville -- seven counts of fraudulent use of a credit card
• Harold Clayton Bryant, 44, Russellville -- possession of drug paraphernalia and attempting to manufacture a controlled substance
• Richard Henry Fisher, 25, Red Bay -- second-degree attempting to manufacture a controlled substance, contributing to truancy and third-degree theft of property
• Tyler Blake Garrison, 18, Russellville -- four counts of third-degree burglary, three counts of second-degree theft of property and one count of attempted theft of property
• Guillermo Castro Gutierrez, 19, Russellville -- second-degree criminal possession of a forged instrument, first-degree identity theft and second-degree forgery
• Jason Anthony Hacker, 25, Vina -- third-degree burglary, third-degree criminal mischief, unlawful breaking and entering a motor vehicle and five counts of third-degree theft of property
• Donnell Lee Harris, 44, Sheffield -- third-degree burglary and second-degree theft of property
• Ryan Bonds Hester, 29, Phil Campbell -- possession of a controlled substance, possession of drug paraphernalia and two counts of domestic violence third-degree assault
• Rafe Hollander, 23, Russellville -- violation of the community notification act as a sex offender
• Dana L. Johnson, 35, Haleyville -- possession of a controlled substance and unlawful possession of drug paraphernalia
• Anthony Wayne Lane, 28, Russellville -- second-degree receiving stolen property, third-degree assault, third-degree burglary and third-degree theft of property
• Hector Ortiz, 25, Fayette -- second-degree forgery, leaving the scene of an accident, public intoxication, resisting arrest and obstructing justice by giving false identification
• Carey Renea Peters, 32, Vina -- second-degree theft of property, violation of protective services, attempting to possess a controlled substance and possession of drug paraphernalia
• Joseph Thomas Postell, 20, Harvest -- second-degree escape
• Cody James Simpson, 20, Florence -- first-degree theft of property and third-degree burglary
• Erskin L. Spearman, 33, Jasper -- public intoxication, second-degree possession of marijuana, carrying a pistol without a permit and certain persons prohibited from carrying a firearm
• Robert Duncan Strickland, 19, Red Bay -- possession of drug paraphernalia and contributing to truancy
• Tilena Ann Watson, 36, Red Bay -- second-degree manufacturing of a controlled substance
• Roger Lee West, 28, Mount Hope -- second-degree forgery
• David Leeander Whitman, 30, Phil Campbell -- first-degree theft of property

Franklin County grand jury, TimesDaily.com, November 26, 2009

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As an experienced Birmingham criminal defense lawyer, I have the skills to represent individuals charged with crimes ranging from petty theft to grand larceny, assault to murder. As an Alabama criminal attorney, I firmly believe that a person is innocent until proven guilty in a court of law -- it’s everyone’s constitutional right. I recently read a news account by the Press-Register detailing Mobile’s 10 most wanted suspects for various crimes.

According to that article, this list of fugitives includes individuals wanted in connection with murder, assault and robbery, among other offenses. One of the men on this list is a 17-year-old boy who has been charged with fatally shooting his cousin in a park in Theodore, AL. Another allegedly beat up a friend for keeping him from driving drunk.

In all cases, the city of Mobile considers these people fugitives from the law. According to the city’s chief of police, Phillip Garrett, they each have “committed serious felony crimes and owe a debt to society." Some of those individuals and their alleged crimes are included here:

• Lamont Jermaine Fagan, 28 -- charged with murder in connection with the early-morning August 13 shooting death of Rickey Deloach in the Josephine Allen public housing community. Two other men are reportedly already in jail regarding this crime.
• Markus Dewayne Lee, 17 -- accused of shooting his cousin, Blake Davis, at a park on Diamond Road in Theodore. The victim was reportedly trying to break up a fight when he was allegedly shot by Lee.
• LaDerrick Kevon Davis, 29 -- named in five counts of unlawful breaking and entering a vehicle, authorities say he has active warrants charging possession of burglar's tools and possession of a controlled substance. The five auto break-ins of which Davis is accused allegedly took place in recent months at Chantilly's nightclub on Airport Boulevard.
• Thomas Crooke, 23 -- charged with second-degree assault, accused of punching and kicking a friend who attempted to stop him from driving away from the Whiskey Night Club because he was drunk. The friend suffered a broken shoulder and nose, according to the warrant.
• Willie Lionel Williams, 23, -- accused of first-degree robbery and second-degree assault after an individual was robbed and shot in the leg at the VIP Barber Shop on St. Stephens Road in June. Warrants also are on file against Williams for second-degree assault, first-degree burglary and first-degree possession of marijuana.

Mobile's 10 Most Wanted includes 2 murderers, 4 robbers and man who beat up, AL.com, September 10, 2009

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A former Shelby County resident was recently arrested by U.S. Marshals as part of a sex crimes task force operation in a neighboring state. The capture of one of Alabama’s “most wanted” criminals was carried out with the help of the U.S. Marshals Regional Task Force in Birmingham, Alabama, and with the cooperation of the Shelby County Sheriffs Office. The former Alabama resident and fugitive was captured in Louisiana on charges of second degree sodomy and second degree rape stemming from a case in Shelby County. The suspect, Jack Copeland, will be extradited back to Alabama to stand trial for these alleged sex crimes.

As an Alabama criminal defense lawyer based in Birmingham, I have represented many clients accused of criminal sexual behavior. Although the media tend to paint most sex crime suspects as guilty from the get-go, the law demands that everyone be treated as innocent until proven guilty. We’ve all heard of trial by the press, but in my world the only proper trial is one held in a court of law. Still, there is no getting around charges of second degree criminal sexual behavior.

Rape in the second degree is a Class B felony. For an adult such as Mr. Copeland, this is defined as engaging in sexual intercourse with a member of the opposite sex who is less than 16 years of age and more than 12 years old. It can also cover an instance of sexual intercourse with a member of the opposite sex who is unable to consent because of certain mental deficiencies.

According to a press release from the U.S. Department of Justice, Mr. Copeland was arrested in the afternoon of July 15 at an apartment complex in Lafayette, LA. The arrest was carried out by U.S. Marshals from the Western District of Louisiana’s Fugitive Task Force in Lafayette. The 37-year-old is wanted here for sex crimes and in Florida for several felonies including possession of a controlled substance and domestic battery. He was booked U.S. Marshal Task Force Officers booked Copeland into the Lafayette Parish Correctional Center where he will be extradited back to Alabama, then Florida to face his charges.

Alabama’s Most Wanted Arrested by U.S. Marshals in Lafayette, USMarshals.gov, July 15, 2009

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The Colbert County Sheriff’s Department and other drug enforcement personnel are looking for suspects who may have had a hand in the cultivation of a vast garden of marijuana in Barton, Alabama. Based on an anonymous tip, officers recently discovered the “weed” patch located on TVA property that had nearly 100 marijuana plants growing in a wooded area just off U.S. Highway 72. According to reports, the plants were six to eight feet high and had a total street value of nearly $100,000. Police said that the plot of land was well cared for, having probably been watered and fertilized on a fairly regular basis.

Being an experienced criminal defense attorney in the Birmingham area, I have represented clients accused of similar activities. Some people believe that marijuana should be legalized -- and, in fact, it has been made legal in some states for medicinal use -- but regardless of your politics, unlawful manufacture of a controlled substance is treated as a felony. Any person arrested for a felony should seek professional legal help.

I believe that everyone deserves to have their day in court, which is why I make every effort to provide an aggressive defense for all of my clients. In this case, there haven’t been any arrests, but the police are asking the public to step forward with any information leading to the apprehension of these marijuana growers.

Based on news reports, law enforcement authorities have apparently destroyed all of the plants found in that one area, which means that the responsible person or persons may have moved on. Until those individuals are found, police will continue to rely on tips from the community, as well as helicopter flyovers to detect additional patches of illicit drug crops.

Marijuana plants found growing in Colbert County, WAFF.com, July 2, 2009

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Cherokee County police arrested two men in Leesburg on drug possession and drug trafficking charges last Thursday as authorities announced that they had intercepted a large quantity of what investigators referred to as an “unusual drugs.” The bust occurred during a routine traffic stop on April 23 and resulted in the confiscation of more than 100 candy-shaped ecstasy pills and a large amount of cash.

Sheriff’s deputies and agents belonging to the Cherokee County Narcotics Unit arrested Jason Charles Orr, 28, and a second, as yet unidentified man. Police found 104 individual pills, valued at $30 a piece and over $7,000 in cash during their search of the vehicle in which Orr, a Gadsden resident, and the other suspect were riding.

As a Birmingham Criminal Defense Lawyer, I have first-hand experience with drug crime cases such as this. Even though drug possession is the least serious narcotics crime, it is defined by Alabama state law as a Class C felony, the punishment for which is typically one to ten years in state prison. The consequences of drug trafficking, as it appears in this situation, are even more serious. If you or someone you know has been arrested on drug-related charges, you need the type of aggressive defense that Eversole Law provides all our clients.

This case has an added twist, as the drugs seemed to be made specifically for sale to teens and perhaps even younger children. Narcotics officers described the drugs as looking like candy, with a variety of colors and molded into shapes of cartoon characters from TV shows like The Simpsons and Smurfs. Sheriff Jeff Shaver of Cherokee County said that authorities believed the “disguised” drugs were targeted at young people, adding that the ecstasy drug is a dangerous compound for adults to take, much less for children and teens.

Suggesting that there could be more of the same drugs waiting to be brought back into the county, investigators believe the problem could be much larger. Pills of this sort could be mistaken for children’s vitamins and could be harmful or even fatal if inadvertently given to a small child.

Afternoon News Update, MyFoxAL.com, April 24, 2009

Ecstasy pills look like candy, MyFoxOrlando.com, April 24, 2009

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