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

Due apparently to a lack of information sharing between Alabama and federal law enforcement authorities, hundreds if not thousands of people who are barred by law from buying hand guns, rifles and shotguns may have done so with scarcely a problem. According to a recent news report, Alabama failed to report thousands of individuals who are barred from firearms possession to the federal government. This situation could have allowed persons living in cities such as Montgomery, Tuscaloosa, Decatur and Prattville to buy firearms contrary to that allowed by law.

As a Birmingham criminal defense lawyer, I help many people across Alabama who have been accused of a crime. Not all of these individuals are guilty, and all are considered innocent until proven guilty in a court of law. This latest news article points up the confusion that is sometimes caused by the lack of communication between state and federal agencies.

According to reports, Federal authorities and gun control advocates believe that literally  thousands of potentially unstable mental patients who have been released from state institutions now have easy access to guns because of Alabama's narrowly defined reporting law.

In one instance, a former West Point graduate who served 18 years in the U.S. Army walked into a local Bass Pro Shop and bought a shotgun, pistol and rifle. Police reports indicate that the instant background check run by store personnel in Spanish Fort failed to flag the customer as a person barred from buying a gun. The reason for this, say law enforcement authorities, is due to the fact that Alabama reports just a small fraction of mental health commitments to a national database.

The 42-year-old military veteran, David Otto Gluth, Jr., was previously treated for post-traumatic stress disorder at the Walter Reed Army Medical Center. Additionally, a psychiatrist who treated him at the AltaPointe Health System in Mobile, AL, stated that Gluth might also suffer from bipolar disorder with psychotic features and other problems. In 2008, he was reportedly involuntarily committed to Searcy Hospital in Mount Vernon, which made him ineligible under federal law to buy or own a gun.

Police were made aware of the potentially mentally unstable individual after he allegedly got into an argument with another customer in the store, talking about his needing a steady hand to shoot someone. A spokesman for the tore said he was confident that the company followed the law.

According to gun control advocates, if a store employee observes strange and threatening behavior from a customer it is a good indication that the gun should not be sold. This was apparently borne when Fairhope police responded to complaints of an armed man walking around the Rock Creek subdivision. They arrested Gluth and booked him on a disorderly conduct charge.

Gun loophole: Alabama fails to report thousands who are barred from firearms possession, AL.com, January 17, 2010

• Email This
• Print
• Comments
• Trackbacks

As an Birmingham criminal defense attorney, I have the experience to aggressively defend individuals accused of various crimes ranging from petty theft to grand larceny and domestic violence to murder in the first degree. The innocence of defendants in a criminal trial is assumed until a conviction by a jury of their peers. No matter where you live -- Tuscaloosa, Decatur, Madison, Prattville or anywhere else in Alabama -- a jury may acquit a person arrested for a crime if the evidence gathered by the police is lacking, however in the case of some offenses the facts can be quite damning.

The trial of a man accused of fatally shooting a Huntsville police officer has seen some interesting defense tactics. According to recent news articles, Kenneth Shipp was arrested following the shooting death of Officer Eric Freeman in late 2007. The defendant’s criminal lawyer reminded jurors their job was determine whether or not Freeman's death was a result of Shipp’s intention to kill the officer, or simply a tragic result of the defendant’s reported drunkenness that evening.

According to court reports, Shipp was not only intoxicated that night, but was also under the influence of pharmaceutical drugs, which has apparently been established as fact in the case.

This is a serious situation for the defendant, who faces a capital murder charge for killing a police officer in the line of duty. In fact, the prosecution had at the time for the article stated that it would seek the death penalty if the 55-year-old man is convicted.

Based on reports, the shooting incident occurred on December 14, 2007, following what has been described as a simple investigation of a possible DUI traffic accident at Bailey Cove and Weatherly roads. However, that routine drunk driving traffic stop ended moments later when Shipp allegedly shot Officer Freeman at point-blank range with a small .22-caliber pistol.

Police reports show that Shipp shot Freeman as he and another officer, Kevin Lambert, were escorting Shipp to a patrol car to wait for a DUI investigator. When a third officer arrived, he found Lambert, Shipp and another man, a former police officer, wrestling on the ground and trying to get the gun away from Shipp.

Court records indicate that other officers arriving at the scene hear the defendant yelling that he had a bomb and demanding that they shoot and kill him. Based on news reports, Shipp’s defense team questioned whether the defendant’s behavior was consistent with intoxication. In Alabama intoxication is not a defense in and of itself. But it can sometimes be used as a defense if someone is so intoxicated that they suffer from mania and clearly don't know what they are doing.

Defense focus: Shipp intoxication, AL.com, February 02, 2010

• Email This
• Print
• Comments
• Trackbacks

Alabama’s Supreme Court recently issued a stay of execution for a convicted murderer. According to a news report, the stay was granted at the request of Robert Bryant Melson, who received a death sentence in the robbery-murder of three employees of an East Gadsden Popeye’s Chicken and Biscuit restaurant in 1994. As a Birmingham criminal defense lawyer, I have the experience to represent individuals charged with crimes such as grand larceny, assault and murder or manslaughter.

Being an Alabama criminal attorney, I hold that every person accused of a violent crime or other criminal offense is innocent until proven guilty by a court of law. This is everyone’s constitutional right and I adhere to this important rule of law. According to the news article, the execution was to be held on February 18, but has now been delayed to await the outcome of a case being considered by the United States Supreme Court.

The 38-year-old Melson was originally convicted for the slayings of restaurant employees Nathaniel Baker, 17, Tamika Collins, 18, and Darrell Collier, 23. According to reports, a fourth employee, Bryant Archer, was the only survivor of the shootings when Melson and an accomplice, Cuhuatemoc Hinricy Peraita, robbed the restaurant in April 15 of that year. Based on court records of the incident, Archer was also shot during the robbery but survived the ordeal.

Melson’s stay was granted by the Alabama Supreme Court at Melson's request so that he and his attorney could to hear the outcome of a Florida case that is currently being considered by the U.S. Supreme Court. That case reportedly involves an issue similar to Melson's case, which revolves around whether petitions were filed in a timely manner.

This stay would appear to be Melson’s last chance, since records indicate that he exhausted his final appeal last October when it was denied by the U.S. Supreme Court.

Alabama Supreme Court stays Melson's execution, GadsdenTimes.com, January 27, 2010

• Email This
• Print
• Comments
• Trackbacks

Reading a recent news report, I saw that The Shoals is way overrepresented when it comes to people on death row. Being convicted of murder is about as serious as it gets in the criminal arena, and death row is a place nobody wants to go. As an Alabama criminal defense attorney, I have represented many individuals accused of murder, homicide or manslaughter. Depending on the circumstances, some people in this situation simply do not deserve the death penalty.

At the time of the article, there were 203 inmates on death row in Alabama. Of those, 10 inmates had committed one or more homicides in Colbert, Franklin or Lauderdale counties. Five of those death row inmates from the Shoals and were there since March 2007. Many are waiting for a decision from the Alabama Court of Criminal Appeals or Supreme Court.

Although more people have been sentenced to death in Colbert, Franklin and Lauderdale in the past 25 months than were sent to death row in the previous 25 years, local prosecutors are not worried the Shoals is becoming a hotbed for violent homicides.

"We're not any more violent than we have ever been," said Lauderdale County District Attorney Chris Connolly. "Every murder is violent. I just think juries are just fed up with crime and they are willing to recommend the death penalty where they feel it is warranted. There were capital murder cases here in the past where there was a conviction, but the jury recommended life without parole and the judge upheld the recommendation."

In Alabama, life without the possibility of parole and the death penalty are the only sentencing options for capital murder. Jurors recommend a punishment in capital cases, but the judge is not bound to follow the recommendation.

According to Alabama law, any time a homicide is committed for monetary gain; committed during another felony such as robbery; has more than one victim; the victim was a law enforcement officer; or the victim was younger than 14, it meets the criteria for capital murder in Alabama.

However, it does occur occasionally that when a homicide even meets the criteria for capital murder, the victim's family asks prosecutors to not pursue the death penalty. This can happen for a variety of reasons. Sometimes the victim’s family doesn't believe in the death penalty for moral or religious reasons, or they just don't want to have to spend 15 or 20 years or even more going to appeal hearings for the person convicted of killing a loved one.

Alabama death row has strong Shoals presence, TimesDaily.com, September 14, 2009

• Email This
• Print
• Comments
• Trackbacks

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

• Email This
• Print
• Comments
• Trackbacks

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

• Email This
• Print
• Comments
• Trackbacks

As an Alabama criminal lawyer practicing in Birmingham, I have represented numerous clients accused of various crimes, including assault, manslaughter, theft, criminal sexual behavior, and drug possession and sales. Many of these people believed themselves to be innocent of the charges, but the authorities and the prosecution could not accept their explanation. Since there are always two sides to every story, I have dedicated myself to the aggressive defense of people like the Montgomery, AL, woman who recently was arrested for first degree assault with a hand gun.

It apparently all started in the early evening as a dispute between some neighbors regarding a parking situation at one of the houses on Courtland Street in Montgomery. According to police reports, a 51-year-old woman was looking to back her car out of a shared driveway, but found that her car was blocked in by another vehicle. News reports say that as the argument escalated, Annie Mae Smith allegedly pulled out a gun and began to wave it in the air. Sadly, during her display, a 16-year-old who was also involved in the dispute was accidentally shot, however not fatally.

When police arrived, the boy’s mother told the officers that her son had stepped between the two women when the gun went off. Smith claimed that the gun discharged as she was raising it into the air and that she had no intention to shoot the boy. The teenager was apparently hit in the back of the neck -- X-rays showed that the bullet exited through the left side of his jaw. He lost three teeth and may require surgery to repair his jaw, but fortunately he was not killed.

This is a perfect example of how a simple argument can ratchet up to an explosive point. While Smith says that she only meant to fire the gun into the air, Montgomery police charged her with 1st degree assault. She posted bond the very next day.

Smith’s neighbors say that the woman isn't the kind of person who would shoot someone. In fact, a number of them told reporters that Smith is a wonderful person who goes to work everyday and minds her own business. The other side of the story is bound to come out in court. Already there is some discussion that the woman may have felt cornered and physically in danger, which may explain her actions -- all the more reason to choose a qualified and experienced criminal lawyer for a case such as this.

Driveway dispute turns violent, WSFA.com, July 17, 2009

• Email This
• Print
• Comments
• Trackbacks