Volume #2, Issue #4
WELCOME TO THE NEWSLETTER
SHOWCASED POLICE STATIONS
FROM THE STATE OF NORTH CAROLINA
LINK: CLICK ON STATION NAME
- Agency / Formed: Jackson County / 1851
- Type / Category / Size: Sheriff’s Office / County / Small
- Address / Telephone: 399 Grindstaff Cove Road, Sylvia / 828-586-4355
- Website: sheriff.jacksonnc.org
- Sworn Officers: 83 (Estimated)
- Jurisdiction Population: 43,500
- Jurisdiction Size: 495 Square Miles
- Picture Taken By: policestationpictures.com
- Agency / Formed: Burke County / 1777
- Type / Category / Size: Sheriff’s Office / County / Small
- Address / Telephone: 150 Government Drive, Morganton / 828-438-5500
- Website: www.burkenc.org
- Sworn Officers: 60 ( Estimated )
- Jurisdiction Population: 87,610
- Jurisdiction Size: 514.24 Square Miles
- Picture Taken By: policestationpictures.com
- Agency / Formed: Madison County / 1851
- Type / Category / Size: Sheriff’s Office / County / Small
- Address / Telephone: 348 Medical Park Drive , Marshall / 828-649-2721
- Website: www.madisoncountync.gov
- Sworn Officers: 31 ( Estimated )
- Jurisdiction Population: 21, 375
- Jurisdiction Size: 451.49 Square Miles
- Picture Taken By: policestationpictures.com
CALL BOX
> Judicial
North Carolina Supreme Court Decision – essential element of the common law crime Missing
From Supreme Court Decision:
Factual and Procedural Background
On 30 September 2019, officers with the Havelock Police Department responded to a call of an individual “waving a gun and firing rounds off kind of aimlessly in the parking lot” of an apartment complex located behind a local high school. The officers soon received another call that the same individual was at a separate nearby location “with a firearm and was yelling at a female.” Upon their arrival at the second location, the officers located and detained defendant. The officers discovered a Hi-Point 9mm handgun in a nearby vehicle, and the vehicle’s owner testified at trial that the gun belonged to defendant.
Defendant was indicted for multiple offenses, including two counts of going armed to the terror of the public. As is relevant to our consideration, the indictments alleged that he “unlawfully, willfully and feloniously did go armed to the terror of the public by causing a disturbance and waving a firearm around in the parking lot[s]” of the two locations.
Defendant’s matter came on for trial on 14 September 2020, and after defendant waived his right to a jury trial, he was found guilty of possession of a firearm by a felon, injury to personal property, resisting a public officer, and one count of going armed to the terror of the public. The charges were consolidated and the trial court sentenced defendant to a minimum of fifteen months and a maximum of twenty-seven months in prison. Defendant appealed.
1 The Court of Appeals noted that it was “not apparent from the record that [d]efendant properly noticed his appeal,” but that court nevertheless issued a writ of certiorari to remedy any jurisdictional question. State v. Lancaster, 284 N.C. App. 465, 466 n.1 (2022). Although the State has not argued that the Court of Appeals abused its discretion in issuing this writ, “a writ of certiorari ‘is not intended as a substitute for a notice of appeal.’ ”
At the Court of Appeals, defendant’s counsel was unable to identify any errors in defendant’s trial and instead submitted an Anders brief requesting that the Court of Appeals examine the record for any meritorious issues. See Anders v. California, 386 U.S. 738 (1967). The Court of Appeals examined the record and identified what it contended was a meritorious issue related to the validity of the indictment charging defendant with going armed to the terror of the public. 2 Relying on its previous decision in State v. Staten, 32 N.C. App. 495 (1977), the Court of Appeals’ majority concluded that the indictment was fatally defective and failed to confer jurisdiction upon the trial court because it “failed to allege” an essential element of the common law crime of going armed to the terror of the public, specifically, “that [d]efendantcommitted his act on a ‘public highway.’ ” State v. Lancaster, 284 N.C. App. 465, 466 (2022). Accordingly, the Court of Appeals vacated the judgment convicting defendant of going armed to the terror of the public and remanded the matter for resentencing.
> Legislative
General Assembly of North Carolina: Session 2023, Session Law 2023-76, House Bill 34, “Protect Those Who Serve and Protect Act”
SECTION 2. Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
§ 14-34.1A. Discharging certain barreled weapons or a firearm at or into certain unoccupied emergency vehicles.
(a) Definition. – For purposes of this section, the term “emergency vehicle” means any of the following:
(1) A law enforcement vehicle.
(2) A fire department vehicle.
(3) A public or private ambulance.
(4) A rescue squad emergency service vehicle.
(5) A State or local emergency management vehicle.
(6) A vehicle owned or operated by the North Carolina National Guard.
(7) A vehicle owned or operated by any branch of the Armed Forces of the UnitedStates.
(8) A vehicle owned or operated by the Department of Adult Correction.
(9) A vehicle owned or operated by the Division of Juvenile Justice of theDepartment of Public Safety.
(b) Offense. – It is unlawful to willfully or wantonly discharge or attempt to discharge any firearm or barreled weapon capable of discharging shot, bullets, pellets, or other missiles at a muzzle velocity of at least 600 feet per second at or into any unoccupied emergency vehicle.
(c) Punishment. – Unless the conduct is covered under some other provision of law providing greater punishment, any person who violates subsection (b) of this section is guilty of a Class H felony.”
> Professionalism
General Assembly of North Carolina: An Act to Modify Various Powers of the Criminal Justice and sheriff’s Education and Training Standards Commissions and to provide that certain Expunged crimes committed by minors cannot prevent Law Enforcement Certification.
General assembly of North Carolina: Act to Modify North Carolina Education and Training Standards; Sessional 2023, House Bill 611
Opinion of the Editor: A step by Law Enforcement to attract previously unqualified individuals into Law Enforcement due to the shortage of Law Enforcement applicants. Once the Standards are lowered Professionalism creeps downward!
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