Jeremy Cordarel McKenzie, 27, of Melondy Lane, was arrested by the Dothan Police department on May 2nd after officers responded to a domestic disturbance in the 800 block of State Avenue.
Investigators say that McKenzie forced his way into a relative’s home after the victim refused to let him in. Once inside the home, McKenzie allegedly assaulted the family member and took several items before leaving the residence. Officers located McKenzie a short period later at another relative’s home where he was taken into custody and charged with felony first-degree burglary.
McKenzie was taken to the Houston County Jail where he is currently being held on $250,000 bail.
First-degree robbery is a Class A felony and is punishable by no less than 10 years and no more than life or 99 years in prison.
In the state of Alabama, a person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he:
– Is armed with a deadly weapon or dangerous instrument; or
– (2) Causes serious physical injury to another.
– (b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or dangerous instrument, or any verbal or other representation by the defendant that he is then and there so armed, is prima facie evidence under subsection (a) of this section that he was so armed.
If you or someone you know has been charged with robbery, it is important that you contact an experienced criminal attorney to handle your case. The attorneys of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Call to schedule a consultation today.
In an opinion released by the U.S. Supreme Court on April 22, 2014, the Court furthered the erosion of the 4th Amendment. In Prado Navarette v. California, the Court essentially said that it’s “OK” to pull over a vehicle based upon an anonymous tip and little else. The Petitioner was pulled over after an anonymous 911 caller stated that Petitioner ran her off the road five minutes earlier and gave an accurate description of the truck, which was found driving roughly in the area reported. California Highway Patrol responded and followed the Petitioner’s vehicle for five minutes without any evidence of dangerous driving.
The Court stretched and stretched until it found the call was reliable, largely because it was a 911 call, based on a supposed eyewitness event. The Court surmised that the 911 call was recorded and would prevent false reports, although absolutely nothing was gleaned about the caller other that she was female. The Court then suggests that a vehicle running another off the road is an indication of drunk driving justifying a stop.
Only the minority lead by Justice Scalia got this one right. The dissent asserts correctly that this ruling will allow law enforcement to pull over a vehicle simply based upon an anonymous caller asserting an uncorroborated instance of alleged bad driving if they can give a description and location of the suspect vehicle. The majority ignores the fact that the call may be false or vindictive. It’s simply an allegation coupled with information anyone on that highway could have given.
This is simply a scary holding as anyone in traffic that has an axe to grind with another driver can call in an anonymous tip and have them pulled over. Even if the police know who the caller is, they may simply make a false allegation and the innocent driver will likely be the one having the consequence, police vs. driver or driver vs. driver.
Police have officially charged two men with attempted murder after an Alabama Highway Patrol officer was wounded in a shootout on Saturday evening. Zachary Taylor Wood, 23, and Dillon Scott Rafsky, 21, are in custody at Geneva County jail after shooting State Trooper Lee Phillips during a routine traffic stop at around 5:30 p.m.
Authorities say Phillips pulled over a Toyota for a traffic violation when the vehicle suddenly came to an abrupt stop and a suspect opened fire on Phillips. One of the suspects was taken into custody while the other suspect fled into the woods before being captured a short time later. Trooper Phillips suffered non-life threatening injuries and was taken to Flowers Hospital where he is in stable condition.
The two suspects were also taken to local hospitals where they were treated for gunshot wounds. The Alabama Bureau of Investigation is still investigating this matter.
The sentence for attempted murder, a class A felony, carries a range of 10 years to life in prison. In the state of Alabama, the charge of attempted murder requires the following to have taken place:
- The suspect(s) took at least one direct step toward killing someone else
- The suspect(s) intended to either kill the person or seriously harm them.
If you or someone you know has been charged with attempted murder, it is important that you contact an experienced criminal attorney to handle your case. The attorneys of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Call to schedule a consultation today.
The Dothan Police Department made a felony arrest after responding after responding to an assault complaint on April 8th at 900 Commons Drive. Officers arrived at the scene to find that a loss prevention employee at Belk’s department store had attempted to stop an unknown female who left the store with merchandise that had not been paid for. The store employee told investigators that the suspect hit her with a bag and then fled the scene in a silver passenger vehicle.
An alert officer spotted a vehicle fitting the description and pulled over Donna Lynn Simmons, 65, of Pinetree Drive. Simmons was arrested and taken into custody on third-degree robbery charges. A bond has been set at $15,000.
Third-degree robbery, also referred to as “Strong Arm Robbery”, is a Class “C” felony in the state of Alabama and is punishable by a minimum of one year in prison. This sentence can be expanded for repeat offenders.
A theft meeting either of the following conditions constitutes robbery in the third degree:
- Uses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of resistance; or
- Threatens the owner with imminent use of force with intent to compel compliance to the taking of or escaping with the property
If you or someone you know has been charged with robbery, it is important that you contact an experienced criminal attorney to handle your case. The attorneys of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Schedule a consultation today.
Jerry Michael Summers, 46, has been arrested and charged with misdemeanor animal cruelty after beating two puppies with a baseball bat. Summers was taken into custody over the weekend and is being held at the Henry County jail on $1,000 bail.
Deputies arrested Summers after his girlfriend reported the crime to the Henry County Sheriff’s Office last Thursday. Summers told the deputies that he believed the dogs to be coyote puppies and Henry County Sheriff William Maddox believes alcohol was likely involved. The two puppies had to be euthanized due to the injuries suffered during the incident.
Cruelty to animals is a Class A misdemeanor in the state of Alabama and on the first conviction shall be punished by a fine of not more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment. Repeat offenses are punished in the following manner:
- Second conviction:
- A fine of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment
- Third, or subsequent conviction:
- a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) or imprisonment in the county jail for not more than one year, or both fine and imprisonment
Animal cruelty offenses can also be elevated to a felony crime if it involves torture and the death of the animal.
If you or someone you know has been charged with animal cruelty, or any other violent crime, it is important that you contact an experienced criminal attorney to handle your case. The attorneys of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Call to schedule a consultation today.
Frederick McNab, a 52-year-old former Dothan attorney, finds himself back in trouble with authorities after allegedly stealing nearly $2 million from three different people. McNab was arrested and charged last Friday with 14 felony counts of first-degree theft of property, one felony count of second-degree theft of property, and one misdemeanor count of third-degree theft of property. These new charges bring the total number of felony theft indictments against McNab to twelve, and the total number of theft charges to twenty-five. The amount allegedly stolen by McNab in these theft cases now totals over $4 million.
Houston County Sheriff’s deputies first arrested McNab two days prior to Christmas after a grand jury returned multiple felony indictments against him alleging offenses of theft by deception. McNab posted bail totaling $812,500 shortly after his arrest.
McNab is scheduled to be arraigned on March 31st in a Houston County Circuit Court for the nine felony theft charges previously filed.
Theft of property offenses in the state of Alabama are generally separated into three degrees and carry the following penalties:
- Theft of Property in the first degree is a Class B felony
- A prison sentence between 2 to 20 years
- Fines not exceeding $10,000
- Theft of Property in the second degree is a Class C felony
- A prison sentence of 2 to 20 years
- Fines not exceeding $5,000
- Theft of property in the third degree is a Class A misdemeanor
- A prison sentence of no less than one year
- Fines not exceeding $6,000
If you or someone you know has been charged with theft of property, it is important that you contact an experienced criminal attorney to handle your case. The attorneys of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Schedule a consultation today.
A brief armed robbery investigation by the Dothan Police Department officially concluded on Tuesday night with the arrest of three individuals. According to Police Sergeant Maurice Eggleston, Johnathon Walker and Joshua Marsh were taken into custody around 11:00 p.m. and charged with first-degree armed robbery. Demetrus Heath was arrested earlier in the day and also charged with first-degree armed robbery.
According to investigators, on March 14th a 22 year old male was approached in the 1000 block of South Bell Street and robbed by Heath, Walker, and Marsh. The victim was held at gunpoint by one of the suspects while the other two searched through the victim’s vehicle. The three suspects were able to flee the scene with items belonging to the victim but were later identified.
Dothan Police Lieutenant Will Benny, the supervisor of the criminal investigation division, released a statement confirming that no one had been injured during the robbery.
Police issued warrants for the suspects on March 17th and were able to arrest Heath, 18, during a traffic stop the following day. Walker, 20, and Marsh, 20, were taken into custody after turning themselves in to the Dothan Police Department later that evening.
All three suspects were taken to the Houston County Jail and are being held on $60,000 bail each.
In the state of Alabama, armed robbery is a class A felony with a sentencing range from 10 to 99 years in prison for a first offense. The sentence can be enhanced if the defendant has been convicted of prior felonies.
If you or someone you know has been charged with armed robbery, it is important that you contact an experienced criminal attorney to handle your case. The attorneys of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Schedule a consultation today.
Rodney Lynn Reese, 42, of Cowarts, is behind bars following a brief child solicitation investigation conducted by the Dothan Police Department. According to a statement from Dothan Police Sergeant Maurice Eggleston, Reese has been charged with felony electronic solicitation of a child and been taken to the Houston County Jail.
Investigators say on Tuesday March 6th Reese began communicating through a social media website, with a Dothan Police Officer whom he believed was a 14 year old female. During their conversations Reese said that he wanted to perform sexual acts with the 14 year old female and arranged to meet her locally in Dothan. Police took Reese into custody immediately after he arrived at the designated location where he expected to be meeting the girl.
Rodney Reese is currently being held on $75,000 bail.
As with most felonies, the range of punishment can include a deferred or suspended sentence, up to several years in prison. The long-term consequences can be more severe since online solicitation of a minor is considered a sexually related offense and defendants are often required to register as a sex offender. If a defendant fails to register, they can be charged with a new felony offense of failure to register as a sex offender.
If you or someone you know has been charged with child solicitation, it is important that you contact an experienced criminal defense attorney to handle your case. The attorneys of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Schedule a consultation today.
On March 3, 2014, the United States Supreme Court will hear oral arguments in Hall v. Florida. In Atkins v. Virginia (2002), the Supreme Court ruled that the execution of the mentally retarded (now referred to as “intellectual disability) violated the Eighth Amendment. Atkins allowed the states to formulate their own definitions of intellectual disability. What has actually happened is that the states have arrived at their own tests, some based upon accepted psychological standards and some not. Some state place heavy burdens upon the Defendant.
At issue in Hall v. Florida is Florida’s use of a bright line IQ score without the consideration of a standard deviation. Florida’s test takes into account the three standard elements in Atkins, but sets the IQ cut off at an IQ of 70, without consideration of the standard deviation of IQ testing. Such a standard is contrary to accepted clinical standards.
We can only hope that the Supreme Court will restrict the states’ ability to adopt overly restrictive and constitutionally defective standards. Atkins must be clarified to avoid sometimes bizarre and inconsistent standards.
Authorities are still looking for Marques Ivory, 23, who is wanted on a capital murder charge in connection to a fatal shooting in Eufaula that took place around 10:45 p.m. on January 30th. The 20-year-old victim of the shooting, Darrian Scott, was taken by private vehicle to Medical Center Barbour and later transferred to Southeast Alabama Medical Center by Eufaula Rescue where he was pronounced dead. The incident was initially labeled as just a shooting but has since been upgraded to capital murder.
The shooting took place near State Docks Road where police confirm that Scott was shot in the back of the head while riding as a passenger in a vehicle. Authorities believe the gun shot that killed Scott came from within the vehicle Scott traveled in.
Several law enforcement agencies continue to aggressively look for Ivory including the Fugitive Task Force and the United States Marshall Service.
The Eufaula Police Department considers Ivory to be armed and dangerous and should not be approached. He is known to frequent the Bluff Park Apartment area as well as Georgetown, Georgia. Officers describe Ivory as a black male, 5 foot 5 inches tall, and around 170 pounds. He has a bald head or a shaved head with small dreads on top.
Anyone with information about Ivory’s whereabouts is urged to call the Eufaula Police Department at 334-687-1200.