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Showing posts with label US Dept of Justice. Show all posts
Showing posts with label US Dept of Justice. Show all posts

Thursday, June 7, 2012

Issa vs Holder: Its About Jobs Issa NOT Contempt Of Court Dude! Where Are The Jobs??







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Congressman Darrell Issa's push to hold AG Eric Holder in Contempt will actually hurt the GOP. It will be viewed as Petty by Voters.
Right now Most Voters don't really care about Issa's beef with Holder. We are ONLY focused on JOBS! Where are the Jobs?
Picking a Fight with Holder will be seen by many Voters including GOP Voters, as Vindictive and a Blatant waste of Taxpayer Money!
So Here's a final word for Congressman Darrell Issa: Keep beating that "Fast & Furious" Drum and see where it gets the GOP in November.
Congressman Issa: Sir where are the Jobs?? Does "Fast & Furious" have anything to do with JOBS??? I didn't think so!




Issa Complains Holder Is ‘Not A Good Witness’

House Oversight Committee Chairman Rep. Darrell Issa (R-CA) in a House hearing on Thursday pressed Attorney General Eric Holder about the Justice Department’s response to a subpoena requesting information on the botched ATF operation known as “Fast and Furious.”

Issa said Holder was “not a good witness” and he was unsatisfied with Holder’s answer about whether DOJ had internally pulled material responsive to the subpoena. Issa said there was “hostility” between Holder and himself but Holder said he disagreed.

“With all due respect to Chairman Issa, he says there’s hostility between us, I don’t feel that, you know, I understand he’s asking questions, I’m trying to answer them as best I can. I’m not feeling hostile at all. I’m pretty calm. I’m okay,” Holder said.

Issa has threatened to pursue a contempt resolution against Holder but aides to House Speaker John Boehner (R) have been in discussions with the Justice Department in an attempt to resolve the matter without having House Republicans pursue contempt in an election year.

Fast and Furious was an operation in which agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) instructed gun dealers to sell weapons to individuals they suspected were “straw purchasers” for Mexican drug cartels. Two of the weapons were found at the scene of Border Patrol Agent Brian Terry’s death. Holder has said he wasn’t aware that guns walked during Fast and Furious until reports became public in early 2011. The Justice Department has said the pursuit of contempt is “unwarranted,” “unprecedented” and “ill-advised.”



Sources: Politico, TPM

Monday, October 19, 2009

Legalizing Marijuana: Obama Admin. Changes DEA Policy...Cash Crops=State Revenue














































(Feds issue new Medical Marijuana Policy.)



(State law boosts pot as a cash crop. Mendocino marijuana expert and Grow magazine publisher Eric Sligh toured a backyard garden with CNBC's Trish Regan. Northern California's "Emerald Triangle" has become a fertile site for entrepreneurs who are permitted by state law to harvest a limited amount of marijuana for personal and medical use.)





New Medical Marijuana Policy: Obama Administration Will Not Seek Arrests For People Following State Laws

The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors Monday.

Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws.

The new policy is a significant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes.

Fourteen states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

California is unique among those for the widespread presence of dispensaries – businesses that sell marijuana and even advertise their services. Colorado also has several dispensaries, and Rhode Island and New Mexico are in the process of licensing providers, according to the Marijuana Policy Project, a group that promotes the decriminalization of marijuana use.

Attorney General Eric Holder said in March that he wanted federal law enforcement officials to pursue those who violate both federal and state law, but it has not been clear how that goal would be put into practice.

A three-page memo spelling out the policy is expected to be sent Monday to federal prosecutors in the 14 states, and also to top officials at the FBI and the Drug Enforcement Administration.

The memo, the officials said, emphasizes that prosecutors have wide discretion in choosing which cases to pursue, and says it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law.

The officials spoke on condition of anonymity because they were not authorized to discuss the legal guidance before it is issued.

"This is a major step forward," said Bruce Mirken, communications director for the Marijuana Policy Project. "This change in policy moves the federal government dramatically toward respecting scientific and practical reality."

At the same time, the officials said, the government will still prosecute those who use medical marijuana as a cover for other illegal activity. The memo particularly warns that some suspects may hide old-fashioned drug dealing or other crimes behind a medical marijuana business.

In particular, the memo urges prosecutors to pursue marijuana cases which involve violence, the illegal use of firearms, selling pot to minors, money laundering or other crimes.

And while the policy memo describes a change in priorities away from prosecuting medical marijuana cases, it does not rule out the possibility that the federal government could still prosecute someone whose activities are allowed under state law.

The memo, officials said, is designed to give a sense of prosecutorial priorities to U.S. Attorneys in the states that allow medical marijuana. It notes that pot sales in the United States are the largest source of money for violent Mexican drug cartels, but adds that federal law enforcement agencies have limited resources.

Medical marijuana advocates have been anxious to see exactly how the administration would implement candidate Barack Obama's repeated promises to change the policy in situations in which state laws allow the use of medical marijuana.

Shortly after Obama took office, DEA agents raided four dispensaries in Los Angeles, prompting confusion about the government's plans.




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Sources: Huffington Post, MSNBC, CNBC, US Dept of Justice, Ventura County Star Blog, Google Maps

Wednesday, September 16, 2009

Charlotte Police & DSS Failed To Protect Black Foster Care Teen Now She's Dead!...Where's The Tired NAACP?































































Charlotte Observer----


Charlotte Police knew slain teen might have been raped

Charlotte-Mecklenburg police knew for more than seven weeks that 15-year-old Tiffany Wright might have been the victim of statutory rape, but they didn't charge her alleged assailant until the pregnant teen was shot dead Monday.

Social workers reported to police on July 27 that Royce Mitchell might have sexually assaulted Tiffany, but police said they waited nearly four weeks to make any contact with Mitchell. A police official says a detective called Mitchell Aug. 20 and asked him to come in for an interview, but Mitchell declined.

Investigators never visited Mitchell or picked him up for questioning, but phoned him “multiple times,” said Capt. Pete Davis, who heads the sexual assault unit.

Mitchell, 36, was charged Monday with statutory rape and taking indecent liberties with a child, and police said Tiffany was the victim of those crimes. Mitchell is also being questioned as a “person of interest” in Tiffany's homicide, police said.

The Hawthorne High junior, who was eight months pregnant, was shot in the head about 6 a.m. Monday as she waited for her school bus in her middle-income neighborhood off Mallard Creek Road in the Derita area.

Police also are looking into whether Mitchell is the father of Tiffany's child, who was saved by doctors Monday at Carolinas Medical Center. The baby was in critical condition Monday, but the hospital would not update her status Tuesday.

Tiffany was adopted into Royce Mitchell's family by his mother, Alma Wright. But she died in late January and the minor teen was left without a home.

Court records show Mitchell – who served time in federal prison for a drug crime – was awarded temporary legal guardianship of Tiffany in February. It's unclear whether court officials were aware of his criminal history.

But Tiffany was soon sent to foster care, after Mitchell failed a home study by DSS.

Police said they waited weeks to contact Mitchell about the rape allegation because they didn't believe Tiffany was in danger. She had been placed in a foster home, away from Mitchell, and there were no reports of threats against her, Davis said.

Sexual assault detectives are working 25 cases or more at a time and are strapped for time and resources, Davis said.

“If we had felt her life was in danger … that is the barometer we use,” he said. “It's not like it was the only case they're investigating.”

Police declined to say whether Tiffany was cooperating in the rape investigation.

North Carolina law defines statutory rape as having sex with a 13-, 14- or 15-year-old child who is at least six years younger than the accused.

Mecklenburg Department of Social Services wouldn't comment on the case or confirm whether Tiffany was ever in foster care.

But Davis said that on July 27, DSS told police that Tiffany had been raped and that Mitchell had sex with the underage teen twice.

Tiffany spent her early childhood in Buffalo, where she was born, and entered the foster care system at age 2 when her mother lost or gave up custody, according to Tiffany's cousin Brittany Page, 20.

At some point, Tiffany was adopted by Alma Wright and she became Tiffany Wright.

Page said she and her family in Buffalo lost contact with Tiffany until last year, when she reconnected with Tiffany on MySpace.com.

Court records show Alma Wright died Jan. 25 and that Tiffany moved into Royce Mitchell's house.

Five days after his mother's death, Mitchell asked the court to make him Tiffany's legal guardian. On Feb. 5, the court granted Mitchell temporary custody “for the purpose of enrolling Tiffany Wright in school, and to guard against any problem in obtaining medical care for Tiffany Wright.”

Assistant Clerk of Superior Court Frederick Benson ordered a home study before a permanent guardian was appointed.

Page says Tiffany confided in her that she'd gone to live with a “foster brother” but didn't name him. Tiffany wasn't happy with living with him, her cousin told the Observer Tuesday. “The only thing she told me was that they didn't get along,” Page said.

In June or July, Page said she learned Tiffany had been placed back into foster care. Tiffany's foster mother didn't allow her to talk to Page or other family members, Page said.

Page said she hadn't talked with Tiffany since she re-entered the foster care system. But in June, when they last spoke, Tiffany said she was pregnant and positive.

“She was happy,” said Page. “She was excited to have this baby. She wanted to be a good mother, something she never had.”






Murdered Pregnant student's baby delivered, still critical


A Charlotte man accused of raping his adopted teenage sister turned himself in Monday and was being questioned in connection with her shooting death at a school bus stop, police said.

Royce Anthony Mitchell, 36, is a “person of interest” in the slaying of Tiffany Wright, 15, in north Charlotte, according to a Charlotte-Mecklenburg police spokesman.

Tiffany, who was eight months pregnant and living in a foster home, was shot about 6 a.m. Monday while waiting to catch the bus to Hawthorne High School.

Medics rushed her to Carolinas Medical Center, where doctors were able to deliver her baby girl. Tiffany died at the hospital, and the baby was listed in critical condition.

Police issued warrants Monday against Mitchell for statutory rape and indecent liberties with a minor, based on their investigation into Tiffany's death. A police spokesman said Tiffany had been adopted into the Mitchell family, and was the victim of the alleged sex crimes.

Police were at Mitchell's home late Monday, as homicide detectives questioned him at police headquarters. Police also said they're looking into whether Mitchell is the father of Tiffany's baby.

Records show Mitchell has no criminal record in North Carolina. In 2008, his wife took out a restraining order against Mitchell, alleging domestic violence, but the case was dismissed.

Federal prison records show a Royce Mitchell, age 36, had been sentenced in 2002 to six years in prison for conspiring to sell drugs in Buffalo, N.Y. Charlotte police couldn't confirm whether that was the same man charged in Monday's case, but records show Mitchell previously lived in Buffalo.

Accounts in the Buffalo News in 2003 said Royce Mitchell was a quarterback for the semi-professional Buffalo Lancers football team before being busted on federal drug charges.

Mitchell was working for the city on a street maintenance crew, a spokesman said.

Monday's shooting occurred less than a block from Tiffany's apartment on Walnut Park Drive, off Mallard Creek Road. Witnesses said they heard several shots, police said.

Late Monday, five of Tiffany's friends visited the bus stop where she was shot in the head. They wept and hugged one another near the stop, marked by a single bouquet of flowers.

They described Tiffany as goofy and fun, and a good student. She ran track at Bessemer City High, where she previously attended school, and she liked to dance.

“She couldn't dance, but she loved to try,” said DeNeika Parker, 17.

Tiffany planned to name her baby Aaliyah and was excited about becoming a mother, said Tyanna Barnette, 16, who said she'd known Tiffany since the two were in middle school.

Tiffany was a junior at Hawthorne. Principal Tracey Pickard said Tiffany came to the school in August as a student in the TAPS program for pregnant students. She said the girl had impressed teachers.

“It was clear that Tiffany was academically strong and off to a good start,” Pickard said. She said the girl's teachers told her that Tiffany “was extremely focused.”

Students at Hawthorne remembered Tiffany as a smart, friendly girl who was always sweet.

“She always had a smile on her face,” said Cameron Blakeney, a sophomore who met her at the movies last summer. “She loved to joke. I'm like, devastated, like a lot of people,” Blakeney said. “We're all pretty torn up on the inside.”

Charlotte-Mecklenburg school officials dispatched crisis teams Monday to counsel students who knew Tiffany. They said they will work with CMPD to increase police visibility at the bus stop and Hawthorne for the next few days.

Tiffany's grandmother, Shirley Boston, in Buffalo, was shocked and tearful when she learned of her granddaughter's death late Monday.

She spoke with her two weeks ago and was looking forward to helping care for her great-granddaughter. “I had my other granddaughter text her today (Monday) to say she didn't need to buy anything for the baby” because the family would take care of it, she said.

Boston said Tiffany spent several childhood years in Buffalo, where her father also lives.

She moved to the Charlotte area and went into foster care after her mother lost custody, Boston said. Mecklenburg County DSS officials would not confirm that Monday. The Observer was unable to reach Tiffany's foster mother.

Tiffany had managed to keep a positive outlook, despite the challenges in her life, said Ashelee Barber, who said she was the niece of Tiffany's foster mother. “She was just a very sweet girl,” said Barber. “When people go through tough times, they sometimes develop hateful feelings, but she wasn't that way.”




Audits turn up misspent money in programs for Foster Children, and Charlotte-Mecklenburg County DSS Officials can't account for $162,000 in donations.

A probe of misspending at a Mecklenburg County Department of Social Services Christmas charity has widened across the agency, and officials now say they are unable to say how much money may have disappeared over the years.

The county's second-largest agency, often a first stop for the community's poor or neglected, has recently been reorganized. Director Mary Wilson, hired last summer, ordered audits following reports of suspicious spending.

The audits looked at several spending programs and financial practices throughout the department.

Among the findings:

Mecklenburg County officials cannot account for $162,000 in donations meant to buy gifts for needy children. That includes a $10,000 check made out to an employee.

Of the 840 receipts inspected for that program, 799 had problems, including receipts that were altered, whited out or omitted in photocopying.

In a separate year-round program, auditors said, money meant to help foster families buy clothes and other necessities for children was spent on office supplies.

The audits cover July 2007 through this past March, but officials say they don't know whether problems started earlier because the last departmentwide audit of DSS was in 1996. Some findings have been turned over to the Charlotte-Mecklenburg Police Department.

Officials briefed county commissioners earlier this month about the audits.

But new details are emerging since officials gave a fuller account last week to the commission's audit review committee.

Committee members told county administrators they did not understand how the department failed to adhere to basic financial practices, such as requiring two signatures on checks – a standard spelled out in N.C. law.

Some asked how managers could have allowed such behavior to go unnoticed. The audit committee also appeared surprised that receipts for the department had not been checked for so many years.

Such a review was planned for next year, said Chris Waddell of the county's Internal Audit department, who said he thinks the problems cited in recent audits would have been uncovered.

When panel members asked county auditors and administrators to find out who is responsible for the problems, or how long they persisted, officials cast doubt on whether they could comply.

“There's a lot of missing documentation,” county Finance Director Dena Diorio told the committee.

On Friday, County Manager Harry Jones said officials would respond to problems laid out in the audits.

Overall, Jones said, DSS has been “well-managed,” especially in light of numerous changes in top management in recent years.

But with “an operation of that size it is difficult to be immune from problems,” he said. “We're going to address it and fix it. Hopefully, it won't be recurring.”

"Feel-good" programs:

Officials said charity and emergency spending programs went unchecked by supervisors. Asked why, Wilson said people grew very trusting about “feel-good” programs. Diorio said the longtime programs simply escaped scrutiny.

County officials said some DSS programs were audited annually, but not smaller programs like the Giving Tree.

DSS spends more than $176million annually and employs about 1,200 workers.

Problems surfaced publicly this year when Wilson said she learned about irregular spending patterns in the agency's programs for poor families and foster children.

Wilson said an employee raised questions about money in the Giving Tree program. Wilson said she herself pointed to a need to audit the broader programs.

Since then, leaders have ordered multiple financial audits and suspended two workers suspected of taking $110,000 from the Giving Tree program, which solicits money to buy the holiday gifts.

Officials say they have asked Charlotte-Mecklenburg police to help investigate. One of the suspended workers has been cleared of wrongdoing and reinstated, while the other is now on medical leave. The county has not publicly identified the employees.

County officials say they are trying to determine whether there was criminal activity or just sloppy accounting.

In either case, commissioner Bill James said the findings show the county needs to re-examine how it keeps tabs on taxpayer money. James described the fiscal controls at DSS as “nonexistent.”

“There is a fundamental management control deficiency,” James said. “We have to find out why this lasted as long as it did.”

Ward Simmons, another member of the county audit committee, said there should be two goals. “Fix this for the future, and then this has to do with public confidence in the county: (identify) who's responsible for what happened in the past.”

But county administrators say they are not sure who should be held accountable.

A series of DSS directors:


DSS has had four directors in recent years.

Longtime director Richard “Jake” Jacobsen took a medical leave in 2004 and was briefly replaced in the interim by then-deputy director Brenda Jackson. Jacobsen returned in 2005, only to be reassigned as an executive-in-residence at UNC Charlotte, where he started work in January 2008.

The county appointed another interim DSS director, Janice Allen Jackson, who was also one of the county's general managers.

Director Mary Wilson replaced her last July. Allen Jackson resigned in May for personal reasons.

As a general manager Allen Jackson was responsible for helping oversee DSS for four years. She also was interim director for six months.

Allen Jackson said she was not aware of any accounting failures during her tenure with the county. “No issues were brought to me,” she told the Observer before declining further comment.

Jacobsen worked for 13 years as head of the DSS. Through a county spokesman, Jacobsen declined to comment.

Jacobsen had named a senior-level administrator to oversee DSS finances during his tenure, but county leaders said the post later was vacated. Earlier this year, Wilson recreated the post, naming Angela Hurlburt as the department's director of financial management.

Jones praised Wilson for initiating the financial audit and said she had “clearly inherited this situation.”

“These are programs deliberately designed to operate outside the traditional DSS systems,” Jones said. He said Friday the emergency nature of the charity programs may have led to mistakes. Social workers often must act quickly to address such needs as clothing, housing and medicine.

A lax culture of accounting:

County officials described a lax culture at DSS about accounting procedures.

In some cases, Wilson said, social workers made expenditures without their supervisor's approval. Other times, she said, supervisors did not document approvals for expenses.

Officials say they are unsure whether employees were trained to properly carry out the department's financial policies.

“People who work anywhere need to know what the expectations are,” said John McGillicuddy, county general manager. “And when you know that they've been given those expectations and clear terms ... you can hold them accountable. Part of our challenge is going to be who should have known that these were their responsibility.”

McGillicuddy said county management and DSS directors bear some responsibility in making sure the county is effectively managing the public's money. But he said he thinks that if any of the previous DSS directors knew a problem was occurring, that it would have been addressed.

Officials said they have already addressed issues in the audits, including the need to process all checks through the county finance department and new training for DSS workers on accounting procedures. But the audit panel and county staff said they'd like more investigation.

Commissioner Dan Murrey said the challenge will be infusing the agency with a new culture.

“There are policies and procedures and the way we've always done things,” he said. “In a sound organization those two things are closer together.”




Auditors Found Altered DSS Receipts


Auditors found numerous problems with a Christmas charity run by the Mecklenburg County Department of Social Services.

The now-defunct Giving Tree program collected gifts and donations for children in the county's foster care system

The Giving Tree audit, which triggered an agency-wide probe, found:

- No receipts for a $10,000 check made out to an employee.
- For the remaining $152,289 disbursed, $138,978 in receipt copies were provided.
- Of those 840 receipts, 799 had problems, including:
- Parts of receipts whited out, or omitted in photocopying.
- Altered dates.
- Gift card misuse.
- Multiple submissions of altered receipts.



Editorial: Financial Debacle At DSS Cries For CHANGE


Rarely do we agree with Mecklenburg County commissioner Bill James. But he's on the money about findings of misspending and possible theft in the county Department of Social Services.

James said the findings show the county needs to re-examine how it keeps tabs on taxpayer money. He added: “There is a fundamental management control deficiency.”

Indeed. A probe sparked by an employee tip about mishandled money in a county Christmas charity program has now engulfed the entire DSS. Incredibly, management was so lax officials admit they can't say how much money is missing.

But we do know what audits ordered by DSS Director Mary Wilson has uncovered. Among the findings:

County officials cannot account for $162,000 in donations meant to buy gifts for needy children. That includes a $10,000 check made out to an employee.

Of the 840 receipts inspected for that program, 799 had problems, including receipts that were altered, whited out or omitted in photocopying.

Money meant to help foster families buy clothes and other necessities for children was spent on office supplies.

The commissioners' audit review committee got a detailed account of the audit findings recently. The members seemed flabbergasted at what they heard.

DSS failed to adhere to basic financial practices such as requiring two signatures on check – spelled out in N.C. law.

DSS has not been fully audited since 1996. That's more than a decade.

DSS documentation is missing, so it may be difficult to find out who is responsible for the problems, or how long they persisted, county administrators said.

This debacle sounds like a skit from the bumbling Three Stooges. When the public's money is involved – especially when it's charitable donations for the needy – that's a horrifying notion. The people responsible must be held accountable, and policies and procedures changed.

We don't minimize the difficulty. Four people have headed DSS in the last five years. County Manager Harry Jones hired Wilson last summer. He praised her for ordering the audits, and said she “clearly inherited this situation.”

Part of that inheritance was charity and emergency programs that went unchecked, she said, because supervisors viewed them as sacred cows. Bad idea. Another was a culture of lax and sloppy accounting. County officials say they aren't sure whether employees were ever trained to properly carry out the department's financial policies. Say what?!!

These problems are serious. Those at fault deserve more than a slap on the wrist and a training manual. We're glad the Charlotte-Mecklenburg Police are helping investigate. If workers broke the law, they should be prosecuted. Those who did their jobs poorly should be fired.

Jones said the county will address the problems and fix them. For DSS to maintain the public's trust, the county must.




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Sources: Charlotte Observer, Paper Trail, Charmeck.org, Creepygif.com, Google Maps

Wednesday, August 26, 2009

Charlotte Robbery Victim Shoots Teen (15 yrs old) Suspect Vigilante Style But Receives No Punishment....Another City Lawsuit Settlement
















Charlotte Observer----



Seventy-six-year-old C.L. McClure would talk to a reporter only through his front door intercom Tuesday – three days after police said he shot and killed a 15-year-old suspected of robbing him and his wife.

“I'm not in any condition to talk,” said the retired building fireproofer through the faint static of his intercom speaker. He wouldn't elaborate.

Charlotte-Mecklenburg Police said Tuesday that two separate investigative units – robbery and homicide – are trying to unravel what happened in a home invasion that ended with the death of 15-year-old Marcus Fluker.

The CMPD said home invasions are down this year by 19 percent, along with nearly all categories of violent crime.

And instances of a victim shooting at a perpetrator, let alone wounding or killing one, are extremely rare, said CMPD Capt. Mike Smathers, who commands the department's robbery unit.

Police also said Tuesday they want to prevent any possible retribution against McClure. A CMPD cruiser was parked Tuesday a few doors down from the McClure residence, and officers have made visits to the home to check on the elderly couple in northeast Charlotte's Newell community.

“I think there's a concern. They just want to be extra careful. It's extra upsetting to have a 15-year-old shot and killed,” said Smathers. “I don't care who you are; that's terrible. They're just trying to make sure peace is maintained.”

Police say McClure's brick home was the starting point of the complex crime scene.

According to a Saturday interview with McClure's son Larry, four teens entered the home while McClure was eating ice cream in his basement hobby shop.

The robbers, one armed with a gun, bound him with duct tape and held his wife at gunpoint. They ransacked the house and made off with some jewelry and a wallet, police said.

After they left, McClure broke free. “He checked on my mother,” said Larry McClure, who lives next door, “and he assumed he knew their route. He thought they might have been driving, and he wanted to get a tag number.”

“In his mind,” Larry McClure said, “he was worried they'd be back.”

His son said McClure grabbed his gun, got into his dark green van and guessed the thieves would head toward nearby Ginger Lane. Larry McClure said his father told him he was in his van when he saw one of the suspected robbers and thought he was armed. C.L. McClure fired his pistol when the teen turned toward him, his son said.

Fluker died later at Carolinas Medical Center. Police said they didn't recover a gun from where he fell.

Family and friends of Fluker say he was a good kid and got in with a bad crowd. They said they wished McClure had merely called police and waited.

Officers took McClure to headquarters for questioning, but he was released Saturday without being charged. In North Carolina, it's legal to kill someone in defense of yourself or another. N.C. law also protects homeowners who shoot to defend their property.

As of Tuesday police hadn't charged McClure. The Mecklenburg County District Attorney's Office will make a final decision.

Police have charged the other three teens with robbery and burglary.

Police identified them as Joseph Graves, 17, Matthew Everett Morgan, 17, and Tahjaue Wiley, 18.

Morgan already had a pending charge of robbery with a dangerous weapon from last summer and was scheduled to go to trial in October. He was convicted in May of bringing a weapon onto school grounds.

Graves and Wiley do not have any convictions on their N.C. record. Fluker's mother told the Observer her son had not been arrested or jailed before. Criminal records for minors are not available.




An understandable, but wrong, response

(Robbery victim was violated, but can't impose justice himself.)

Mecklenburg District Attorney Peter Gilchrist will have to decide what charges to file, if any, against C.L. McClure in the shooting of a 15-year-old robbery suspect. But in a case being portrayed as complicated, one fundamental seems uncomplicated to us: you can't just track a boy down on the streets and shoot him dead because you think he helped rob you earlier.

We're sympathetic to McClure. His son says he and his wife were tied up and robbed in their home by four suspects. The fear and anger they must have felt are unimaginable. It's understandable that McClure would want revenge. And if McClure had shot one of the intruders in his home during the course of the crime, he would be much easier to defend.

But McClure, according to his son, Larry, jumped in his van and raced after the robbers after they had left. He caught up with them not far from his house and, his son says, fired the shots that killed Marcus Antonio Steven Fluker, 15.

We detest the actions of Fluker and the three other suspects who police say invaded McClure's home. But robbery is not an offense punishable by death. And as veteran criminal defense lawyer George Laughrun said, “Even if they were threatened, or felt threatened, you still can't walk down the street like in the Old West and take care of justice yourself.” Laughrun said a jury would have to decide “did someone have the right to be judge, jury and executioner?”

No one has that right unless they are acting to protect their own life. McClure's son said McClure believed he was in imminent danger, and he may well have felt that way. But the robbery was over. At that point, McClure should have called police, not taken matters into his own hands. If this model is followed, how long will it be before a robbery victim, seeking revenge, shoots an innocent person on the street?

Our justice system doesn't always work as well as we would like. It's reasonable to think in a situation like this that police might arrive too late to apprehend the suspects (though they did make three arrests in this case). Given our clogged prisons and flawed court system, any punishment is uncertain.

But the alternative – in which each of us can just mete out vigilante justice as we please – is a slippery slope. It might feel good in theory but in fact would make this community more dangerous.




City of Charlotte reaches Settlement in teen's Taser death


The City of Charlotte settled with the family of a 17-year-old who died in March 2008 after being shot by a Charlotte-Mecklenburg police officer with a Taser, according to an attorney representing the family.

The out-of-court agreement was announced Tuesday by attorney Ken Harris, who represented the family of Darryl Turner in a suit against the city.

Harris said he expects other litigation in the case, however.

Turner died March 20, 2008, after a confrontation with police at a north Charlotte grocery store where Turner had worked.

The officer who fired the Taser was not charged, but he was disciplined by police.

Police later determined that Officer Jerry Dawson Jr. violated department policy with the way he shocked Turner with the Taser gun. An autopsy showed the teenager's heart was pumping so fast and chaotically from the stress of the confrontation and the Taser shot that it stopped pumping blood properly.

Dawson was suspended for five days without pay in July 2008.

In a statement issued Tuesday morning, Harris did not disclose the amount of the settlement but described it as “very substantial.”

City legal officials could not be reached.

While saying the settlement closes the case against the city, Harris said the matter probably is not closed.

“This is a tragedy that Darryl's relatives hope will never be visited upon another family,” he said. “In light of that perspective, I must note that there will likely be litigation in this matter concerning other parties.”

Harris did not specify who else might be a subject of litigation by Turner's family.

The Taser is a weapon that typically uses compressed nitrogen to shoot two tethered needle-like probes that penetrate skin and deliver an electric shock. It is designed to subdue a person temporarily.

The incident which led to Turner's death happened at a Food Lion store on Properity Church Road. According to court documents, police were called after the store manager asked Turner to leave and he refused. Store surveillance video showed Turner at the customer service desk, knocking over a display and throwing an umbrella. He then moved closer to a store manager and employee, at one point raising his arm and pointing at the manager.

The video then showed Dawson walking through the front door, carrying what appears to be his Taser. Dawson approached Turner with the Taser pointed at him. Turner took a step toward the officer, then continued to walk past him.

It was unclear from the video when Turner was shocked, but police said it happened as Turner stepped toward the officer.

In an investigation which followed the incident, police determined that Dawson held the trigger of the Taser for 37 seconds, until Turner fell. The officer later shocked Turner a second time, for five seconds. According to the CMPD report on the incident, a review board “determined that rthe initial decision to discharge the Taser was within our procedures, but the prlonged use of the Taser was not.”

In addition to the suspension, Dawson also was given additional training on proper use of the Taser.

In the statement announcing the settlement, Harris praised city officials for “their thorough investigation of this matter” and for the city's “openness throughout the process.”




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Sources: Charlotte Observer, WCNC, US Dept of Justice, Charmeck.org, Google Maps