Jefferson County District Attorney |

BIRMINGHAM, Ala. – The United States Department of Justice has announced $838,947 in new funding to support and grow Reset Jefferson County, a pretrial, prosecutor-led diversion program developed and implemented by the Jefferson County District Attorney’s Office – Birmingham Division. Reset Jefferson County provides alternative accountability measures and restorative justice opportunities for young, low-level, non-violent offenders in Jefferson County.

“Reset Jefferson County was created to provide accountability, guidance, and opportunity to young people who are at a pivotal point in their lives following an initial encounter with our justice system,” said Jefferson County District Attorney Danny Carr. “Since its creation in 2022, Reset has changed lives and enhanced public trust in our justice system. These new resources will allow us to have a greater impact to prevent recidivism, redirect at-risk youth, and remedy the impact of crime in our community.”

Reset Jefferson County provides court-alternative restorative justice opportunities and programming for people aged 18-26 who have been arrested for the first time for a low-level, non-violent felony such as drug possession and forgery. Participants work with Reset staff to address barriers such as employment and housing, and work with a community-based programming provider to reflect on their accountability as well as discuss strategies for avoiding future criminal conduct. If participants successfully complete programming, the Jefferson County District Attorney’s Office declines prosecution for the arrest.

The Literary Healing Arts and RTI International will assist with the expanded implementation of Reset Jefferson County, which is also supported by the Birmingham Police Department, the Jefferson County Sheriff’s Office, and the Jefferson County Public Defender’s Office.

“Our goal with Reset is to hold defendants accountable for their actions, requiring participants to think about the costs and impacts of criminal behavior and the problems it creates for themselves, their family, and their community. And, we demonstrate grace to participants by helping them find counseling services, healthcare, housing, and career help,” said District Attorney Carr.

The award to Jefferson County comes through the Department of Justice’s Encouraging Innovation grant program that is administered through the Bureau of Justice Assistance.

To learn more about Reset Jefferson County, please visit https://www.jeffcoda.org/reset.php.

Jefferson County District Attorney Danny Carr would like to inform the public of a telephone scam from a person using the Jefferson County District Attorney's Office telephone number and claiming to be with our office regarding failure to report for "Jury" duty.

In the latest version of this scam, the recipient of the phone call is told that they have failed to report for jury duty and will be arrested. In some instances, the recipient of the phone call is also told they can make a payment to avoid being arrested.

Our office will not call, e-mail, or write you a letter regarding jury service or attempt to collect fines for failure to appear or respond to jury service. We will not ask for any sensitive information (social security number, driver’s license number, banking information, credit card/ATM numbers, etc.) via telephone or e-mail.

Persons receiving such a telephone call should end the call immediately, NOT provide the requested information, and notify local law enforcement IMMEDIATELY.

If you have any questions or concerns regarding any attempted contact from the Jury Office or a law enforcement agency regarding jury service, please tell the caller that you are going to call the Court directly to verify the information.

Robert Smith entered a plea today to Capital Murder for the intentional murder of Jane Pounds, Walter Rainey and Sarah Yeager that occurred at St. Stephen’s Episcopal Church on June 16, 2022. Because the defendant intentionally murdered two or more persons the charge was Capital Murder and the only sentencing options were either Life Without Parole or the Death Penalty. This type of senseless murder of three innocent people is certainly a case our office would typically try in front of a jury and seek the death penalty, however, that was not the wish of the three families in this case. After much discussion, thought and prayer the families were unanimous that they would prefer a plea of Guilty to Capital Murder and a Life Without Parole Sentence. Pursuant to this plea, there will be no appeal and the defendant will die in prison. The loss of Jane Pounds, Walter Rainey and Sarah Yeager is incalculable to their families, friends, community and of course their church family. We want to thank the Vestavia Police Department, and the other law enforcement jurisdictions who assisted, for their hard work and dedication to this investigation.

On June 17, 2022, warrants were issued against Robert Findlay Smith for Capital Murder of Two or More Persons involving the deaths of Walter Rainey, Sarah Yeager, and Jane Pounds. Robert Findlay Smith is being held on a no bond.

District Attorney Danny Carr and the Jefferson County District Attorney's Office is saddened by the tragedy that occurred Thursday at St. Stephen's Episcopal Church. Our thoughts and prayers are with the victims' families and friends along with the entire Vestavia Hills community. We appreciate all the law enforcement agencies, first responders, and medical personnel who responded. Please keep the victims' families and the community of Vestavia Hills in your prayers over the coming days.

Today Erron Brown was arrested for Attempted Murder for the shooting of Brian Wilson that took place at the Galleria Mall on Thanksgiving night. While charges are being brought against Mr. Brown, ALEA’s investigation is not complete and remains ongoing and we will continue to review all evidence submitted to our office related to this case. We are confident ALEA is working to complete the investigation in a timely manner. However, in light of the fact that so many people were present in the mall that evening, witness interviews are still ongoing. We encourage anyone with information regarding the events that took place in the Galleria to come forward and speak with investigators about anything they saw or heard. ALEA can be reached at 334-462-9163. We plan to share as much information about the investigation as we can as soon as we are legally permitted to do so.

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.

The Jefferson County District Attorney, Mike Anderton, announced on Friday that the Alabama Court of Criminal Appeals has affirmed two cases from Jefferson County. The first case involved the April 6, 2017 shooting death of Anthony Walker by Emanuel Leeandre Cade while Walker was an occupant of a truck. Testimony at trial showed that witnesses heard gunshots and saw Cade running away from the truck in which Walker was seated. Also, witnesses testified that Cade had fired a gun into a floor the night before and that shell casing was matched to the shell casings at the scene of Walker’s murder. Cade was convicted of Capital Murder and sentenced to Life without Parole by Judge Clyde Jones.

The second case involved the conviction of Samdrekus Eugene Bester for the 2016 murder of Cuadereo Roseman. Bester was charged and convicted for the shooting death of Roseman in the 1700 block of Alameda Avenue after Roseman was found in the middle of Alameda Avenue. Testimony showed a verbal altercation between Bester and Roseman ended when Bester pulled a pistol and shot Roseman multiple times in the chest. Bester was convicted of Murder and sentenced to Life in the penitentiary by Judge Clyde Jones.

Both of these cases were prosecuted by Deputy District Attorneys Shawn Allen and Kandice Pickett. Anderton was quoted as saying, “I am pleased that the Court of Criminal Appeals recognized the lengths to which Shawn Allen, Kandice Pickett and Judge Jones went in protecting the rights of the victims and the defendants in each of these cases. Again, verbal altercations escalated into gunfire at the defendants’ insistence and two people are dead and two others go to prison. Nothing was solved.”

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.

The Alabama Court of Criminal Appeals has affirmed the convictions of individuals convicted of Murder and Attempted Murder. These decisions were released on October 10, 2018 and involved jury trials held in Jefferson County.

The Court of Criminal Appeals affirmed the Jefferson County murder conviction of Samdrekus Eugene Bester. Bester was convicted of the intentional murder of Caudereo Roseman on May 13, 2016 in the 1700 Block of Alameda Court in Birmingham. Testimony in the trial showed that Bester shot Caudereo after a short verbal argument and then threatened other witnesses to the incident.

Jefferson County District Attorney Mike Anderton said the victim and Bester had just met and that there was no long standing feud between them. “The facts showed that Bester and Caudereo had just met through another witness and Bester pulled a gun, shooting Caudereo. Bester shot Caudereo additional times while Caudereo was on the ground and was kicking Caudereo while he was down. There is absolutely no reason this should have happened. No witness indicated that Caudereo was armed or caused any threat to Bester, “ Anderton said.

Deputy District Attorney Shawn Allen prosecuted the case. Bester received a Life sentence based on the conviction.

The Alabama Court of Criminal Appeals also reaffirmed the 2016 Murder and Discharging a Firearm into an Occupied Vehicle convictions of Rodney Bowden, convicted in the Attempted Murder of Kerry Laquinn Smith on August 17, 2012 in the 3500 Block of 23^rd Street North in Birmingham. Bowden was convicted by a jury of shooting into the car of Smith after Smith had just left a friend’s house. Smith suffered a gunshot wound to the head and was placed on life support. Bowden was identified as having been in an altercation with Smith earlier in the night and pulling a gun, threatening to kill Smith. There was no allegation of Smith having a weapon with him at the time of the shooting. Bowden used alibi as a defense. Deputy District Attorney Dain Stewart was the lead prosecutor for the Jefferson County District Attorney’s Office. “Obviously, the defendant couldn’t get his feelings hurt without resorting to gun violence. Both men had walked away from the altercation and each could still be here with us today but for Bowden deciding that he was going to have the last word. That did not turn out well,” said Anderton. Bowden was sentenced to a Life sentence and a twenty-year sentence for the two convictions. Those sentences are to be served consecutively.

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.

Jefferson County District Attorney Mike Anderton announced today that the Alabama Court of Criminal Appeals has affirmed the 2017 jury trial, conviction and Life sentence of Keith Alexander for Rape in the First Degree.

Alexander was identified by several witnesses as the individual beating the victim. When the police responded, the defendant was seen by two police officers sexually assaulting the victim. The victim had significant injuries including bruises, a black eye, and a bleeding lip. The victim was treated at UAB Hospital. The cases were prosecuted by Deputy District Attorneys Deborah Danneman and Nick Rayburn.

Anderton said, “I am pleased that the Court of Appeals recognized the evidence in this case and the manner in which it was analyzed by the Jury. These cases are particularly difficult but, when we can give some comfort to the victim and prevent others from being victimized, it is a good day. This is just one more example of citizens seeing something and reporting it. With such reporting, comes quicker police response, so much so that the police were able to be eyewitnesses to the crime. Thank you to the citizens who chose to get involved.”

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.

Jefferson County District Attorney Mike Anderton announced today that the Alabama Court of Criminal Appeals has upheld its previous ruling and denied a rehearing effort by Stevin Ra Dunning on his Capital Murder convictions. Dunning had previously appealed his convictions to the Court of Criminal Appeals and those jury verdicts were affirmed. The Court rejected arguments by Dunning that his actions did not rise to the level of showing his “intent” to kill, as required by statute. The Court rejected that argument and his assertion that he was not “in” the automobile when the fatal shots were fired. This argument was also rejected. The denial of rehearing was released Friday, September 21.

Dunning was convicted of three (3) counts of Capital Murder for the November 4, 2014 shooting death of Vincent Chancellor during a robbery and while Chancellor was inside his own automobile. The testimony indicated that Chancellor was in his car with his girlfriend and Dunning approached the car, demanding money at gunpoint. When Chancellor pulled a gun of his own, Dunning shot Chancellor twice. Chancellor was able to fire five (5) rounds of his own, hitting Dunning all five times. Chancellor attempted to drive himself to the hospital but passed out and died later at the hospital. Dunning arrived at UAB Hospital within 10 minutes of the robbery and Chancellor’s cell phone was in Dunning’s mother’s car at the hospital. Witnesses identified Dunning as the person who approached and shot Chancellor. Dunning is serving three (3) Life without Parole sentences. The cases were prosecuted by Deputy District Attorneys Mike Philpott and Lauren Breland.

Anderton said, “I am pleased that the Court of Appeals recognized the evidence in this case and the manner in which it was analyzed by the jury. It is a sad day when a case like this happens but it is satisfying to know that Mr. Chancellor’s family can rest easy, at least for now. This may still take some time but this office and the Attorney General’s office will be with them throughout the appeals process.”

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.

The Jefferson County District Attorney’s Office announces that the Alabama Court of Criminal Appeals has affirmed a number of Jefferson County convictions. On May 25, 2018, the Court released its decisions in the following cases:

Cadarius Deandre Owens – Owens was convicted of Manslaughter and Assault First Degree in the February 22, 2015 shooting death of Cedric Pierson and wounding of Cedric’s brother, Demetrius Pierson. Testimony revealed that an argument took place over who should take care of Owens’ mother when she became ill. Cedric Pierson was shot in the neck and died about a week later while Demetrius suffered a gunshot wound to the abdomen. Owens was sentenced to 20 years in each case with the sentences to be served consecutively.

Horatio Omega Ferguson’s Trafficking in Heroin case was also affirmed. Ferguson was convicted of selling trafficking amounts of heroin on multiple occasions. Each of the transactions in July and August 2015 took place within three miles of Minor Elementary School.

Eric Lemont Higdon was convicted of two charges of Sodomy First Degree of a four year old little boy at a day care center. Higdon was the son of the owner and would hang around the day care center. The two counts were based on the jury being convinced of Higdon’s use of force and the age of the victim. Higdon was sentenced to 23 years and his appeal was denied concerning an extended appeal.

“Each of these cases illustrate the efforts of the trial attorneys at the DA’s Office to protect our children, punish drug dealers and convict those who take innocent lives. The Court has stated that each of these cases were tried correctly and that each of these defendants received a fair trial. That is our goal,” said District Attorney Mike Anderton. “The survivors and their families have received a degree of justice and satisfaction that the guilty parties were punished.”

On January 31, 2018, at approximately 4:45 p.m., Mark Edmond Pierce was arrested for Driving Under the Influence following a report of a traffic accident involving a school bus. Pierce was arrested by the Alabama State Troopers and was booked into the Jefferson County Jail under a One Thousand Dollar ($1,000) bond. At that time, Pierce was given a breath test and he registered 0.15% Blood Alcohol level at 5:58 p.m.

Pierce had a court date of March 27, 2018 and at that time, applied for admission into the Jefferson County DUI Deferred Prosecution Program. Pierce and his attorney filled out the application form and each signed it.

The Jefferson County DUI Deferred Prosecution Program is designed to allow some first time DUI defendants to successfully complete a treatment program and, upon completion, have the charge dismissed. There are strict conditions to allow for admission into the program and the conditions were determined by a cooperative effort of the District Attorney’s Office and the Judges of the Tenth Judicial Circuit. These conditions should not be deviated from as they are the conditions all agreed upon. In this case, mistakes were made.

On May 14, when I became aware of this situation, I immediately began an internal investigation into this matter.

On March 27, 2018, Pierce, through his attorney, entered the application to Jefferson County DUI Deferred Prosecution Program and signed the Program Rules and Requirements, which indicates at the top of the page:
           I ALSO UNDERSTAND THAT IF I AM FOUND TO HAVE KNOWINGLY PROVIDED FALSE INFORMATION ANYWHERE IN THIS
           APPLICATION, I WILL BE IMMEDIATELY DISCHARGED FROM THE PROGRAM, ADJUDICATED GUILTY OF THE OFFENSE AND
           SENTENCED ACCORDINGLY.

Pierce initialed the lines:
           I hereby certify that my blood alcohol content was less than .15 at the time of my arrest in the instant case.
           I hereby certify that my DUI charge is not related to any accident involving another vehicle, personal injury, or
           substantial property damage.

Pierce entered a plea agreement with the Deputy District Attorney handling the case wherein the BAC content was stipulated to be lowered to .14. This should not have been agreed to by the Deputy District Attorney. The method approved by the Alabama Department of Forensic Sciences for the testing of blood alcohol content is through the use and proper methodology of the Drager Alcotest 7110. That test, as administered in this case, indicated the BAC of .15. If there is a question about the BAC, that issue should have been addressed in court.

Assuming that the above is the reason that Pierce certified his blood alcohol was below .15, the fact that the school bus had substantial damage to it based on the accident, while, for whatever reason, was not known by the Deputy District Attorney, was most certainly known by Pierce.

A mistake was made by the Deputy District Attorney for not having knowledge of the damage to the bus.

Finally, Code of Alabama states

A holder of a commercial driver’s license, an operator of a commercial motor vehicle or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program. Code of Alabama, 1975 Section 32-6-49.23

With the above information in mind, the Jefferson County District Attorney’s office will attempt to remove Pierce from the Jefferson County DUI Prosecution Program for providing false information in his application and based on his prohibited status of being placed in the program in the first place.

No children were on the bus at the time of this traffic accident and thus, no one was injured. For that we are all certainly grateful. But that fact does not excuse a lack of preparation in dealing with a DUI case, a case where we know all too well how quickly tragedy can strike. We will continue to be diligent in our prosecution of DUI cases. Obviously, had the correct information been known at the time of the application into the Program, Pierce would, and should, have been denied the benefits of the DUI Deferred Program. Luckily, this information was discovered in time to be able to present it to the Court.

The District Attorney’s office is a team. As District Attorney, I am the coach of this team and the responsibility for this is mine. I have to assume that all of my players know how to catch the ball, and they do. In this case, the ball was dropped. I just have to teach my younger players how to catch the ball better.

Jefferson County Sexual Assault Reform Background
Since 1998, there have been 27,402 reported rapes in Alabama. Jefferson County has reported 5,772, meaning an average of 21% of rapes in Alabama took place in Jefferson County. Because of the high volume of cases seen in Jefferson County, community based advocates approached the District Attorney’s Office about seeking grant funds to address sexual violence in our county. Upon researching the question of unsubmitted kits in Jefferson County, the DA’s Office realized the number of unsubmitted kits is unknown. This question led us to apply for SAKI funding, which will allow us to count how many kits we have through a county-wide inventory. The resources available to the 27 jurisdictions across the county vary widely. Some have electronic property records, and some do not. It was clear that additional resources were needed for us to have an accurate picture of how the criminal justice system in Jefferson County was responding to sexual assault.

Jefferson County SAKI Project Overview
In 2016, the Department of Justice’s Bureau of Justice Assistance (BJA) awarded the Jefferson County District Attorney’s Office with a Sexual Assault Kit Initiative (SAKI) grant of $1.5 million dollars for a three-year project. The purpose of this grant is to provide resources and personnel dedicated to examining the current criminal justice response to sexual assault in Jefferson County. This grant will allow us to inventory the existing Sexual Assault Kits in the county, build a database to store kit information, and provide a more survivor-centered and trauma-informed response to sexual assault.

The goals of the Jefferson County DA’s Office SAKI include the following:

A thorough inventory of all Sexual Assault Kits in the county
The development of a database that will provide easily accessible information to advocates, investigators, and prosecutors on the Sexual Assault Kits
Hiring three Court Advocates to help survivors of sexual assault navigate the criminal justice system.
Building a Multidisciplinary Team (MDT) for sexual assault that will include advocates, police, prosecutors, and community partners invested in addressing the needs of survivors
Hiring a prosecutor specifically to handle sexual assault cases
Setting up a vertical court for sexual assault cases

Jefferson County’s SAKI project is meant to take an in-depth and comprehensive look at sexual assault across the county. With 27 jurisdictions and two DA’s offices, additional resources are needed to develop a common language and protocol for addressing sexual assault county-wide. The inventory should give us a clear picture of the status of the kits in our county. The Multidisciplinary Team will be responsible for developing a protocol for testing, investigating, and prosecuting any cases that can move forward. Court advocates will work directly with survivors to help them navigate the system and to ensure their wishes are met throughout the process. Our efforts will be survivor-centered and trauma-informed, meaning that the survivor is the center of the process and all efforts will be made to reduce the traumatization that can occur throughout the criminal justice system.

SAKI Inventory
rnJefferson County’s SAKI grant was awarded to specifically address those SAKs in the county that were not previously submitted to the lab for testing. With the help of local law enforcement, SAKI staff completed a comprehensive inventory of SAKs in Jefferson County, which yielded a total of 4,999 kits with 3,876 of those SAKs identified as unsubmitted. SAKI staff are now in the process of researching the case status for each kit and creating a database to collect information on these inventoried and future sexual assault kits.

SAKI’s national goals are to understand why kits have not been tested in the past, to provide education on the importance of testing kits, and to find solutions to the unique roadblocks that present themselves in each jurisdiction. Jefferson County is fortunate to have received the SAKI grant so that we can begin to look at the national problem of unsubmitted kits from a local and multidisciplinary perspective.

Now that the inventory is complete, the second phase of the project will continue to develop a Multidisciplinary Team (MDT). This MDT will be comprised of Sexual Assault Survivors, Law Enforcement, Advocates, District Attorney’s Office staff, and Alabama Department of Forensic Sciences representatives. Together these individuals will work to address individual cases, policies, procedures, as well as training needs within the Jefferson County.

This project is supported in full by Grant No. 2016-AK-BX-K010 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also include the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office of Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

The Alabama Court of Criminal Appeals has upheld the felony murder conviction of Patrick Deon Johnson. Johnson, 44, was convicted in Jefferson County Circuit Court in October 2016 for discharging a firearm into the vehicle of Keary Hollis, causing Hollis’ death.

Evidence presented at trial showed that on May 10, 2014, Hollis, an off-duty Birmingham Police Officer, backed over the motorcycle of Johnson, and he began to drive away. Johnson fired four shots into Hollis’ car, where one of the bullets struck Hollis in the temple, causing his death. Hollis’ vehicle rolled forward and crashed into an abandoned building next door. Johnson then got on his motorcycle and drove away.

The case was prosecuted by Deputy District Attorney Joe Roberts and Julie McMakin, both of the office of Jefferson County District Attorney Mike Anderton. “Both Joe and Julie protected the people of Jefferson County and the trial rights of the defendant, according to the law, as evidenced by the affirmation by the Court of Criminal Appeals,” Anderton said. Brown was sentenced to Life imprisonment and sought to have his conviction reversed. The Alabama Attorney General’s Appeals section argued for the Court to affirm the conviction. The Court did so in a decision issued March 9.

Jefferson County District Attorney Mike Anderton announced today that criminal charges have formally been issued against an individual for the shooting death at Huffman High School on Wednesday, March 7, 2018. Killed in the event was 17-year-old Courtlin Arrington, a Huffman High senior and aspiring nurse. Michael Jerome Barber has been charged with Manslaughter and Certain Persons Forbidden to Possess a Pistol for bringing a pistol on to the campus of Huffman High and recklessly causing the death of Ms. Arrington. Bonds have been set at $75,000.00 and $300.00 in the cases, respectively. As the cases continue to be investigated for additional evidence, no further details on the circumstances are available at this time.

The District Attorney’s Office has examined the investigation of the Birmingham Police Department (BPD) and the evidence collected by BPD. They have talked with many of the students in the school, in the classroom where the shooting took place and collected evidence from the scene. Based on the evidence as presented to us, warrants were issued for the person responsible for this horrific tragedy.

Our hearts go out to the family of Ms. Arrington, all of her friends, and those whose lives would have been changed through her nursing dreams had this event not occurred. This is a parent’s worst nightmare. We expect the charges will be heard through the court system and justice meted out to the person responsible.

Please know that the Jefferson County District Attorney’s Office stands strong with the Huffman High School Vikings, The Birmingham School Board, and the Birmingham Police Department in denouncing the continued use of firearms by anyone to settle disputes. This is especially true for the students of our county, where they should be and feel safe in the learning environment of a school.

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.

District Attorney Pro Tem Danny Carr announced today that four individuals have been indicted in the murder of two-year old Ron’Narius Austin who was shot and killed three weeks ago on August 5, 2017 in the 4300 block of 5^th Avenue South alleyway.

Dmarcco Montez Harris, a twenty-one year old, has been indicted on three counts of Capital Murder and two counts of Attempted Murder Overt Act.

Joshua Isaiah Carpenter, a twenty-one year old, has been indicted on two counts of Capital Murder and two counts of Attempted Murder Overt Act.

Tyrone Smith, Jr., an eighteen year old, has been indicted on two counts of Capital Murder and two counts of Attempted Murder Overt Act.

Mykayl Dewayne Harris, a twenty year old, has been indicted on three counts of Capital Murder and two counts of Attempted Murder Overt Act.

District Attorney Pro Tem Danny Carr – Birmingham Division and District Attorney Lynneice Washington – Bessemer Division wants to assure the community that their offices will not tolerate violent crimes such as this and will continue to prosecute such crimes to the fullest extent as quickly as possible. District Attorney Pro Tem Carr commends the Birmingham Police Department, first responders, and others for their hard work on this difficult case.

Dmarcco Montez Harris, Joshua Isaiah Carpenter, Tyrone Smith, Jr., and Mykayl Dewayne Harris are currently in the Jefferson County Jail without bond.

The Jefferson County District Attorney’s Office has completed its review of the “hot car death” involving a one year-old child that occurred in Vestavia Hills on April 7^th, 2017.

Following a five-week investigation, the Vestavia Hills Police Department submitted all evidence collected for consideration of criminal charges against the child’s father. This evidence included recorded statements from the child’s father and mother, witness interviews, surveillance video from multiple sources, and forensic analysis of several electronic devices, including the father’s cell phone.

After a comprehensive review, we find no evidence of criminal intent. All evidence indicates that this was a tragic accident.

In order to charge a crime under these circumstances, there must be evidence of criminal intent, i.e., evidence to show that a person acted with the knowledge that they were leaving the child inside a hot vehicle. Examples from other recent cases include instances where evidence showed that the parent purposefully left their child inside a hot car with the intent that death would result, or where the parent knowingly and recklessly left their child inside a vehicle while they left to conduct personal business. In this case, based upon a review of the evidence and the law there was simply no evidence a crime was intended or committed.

According to the National Highway Traffic Safety Administration, between 1998 and 2016, 700 children died nationwide due to vehicular heatstroke. In 376 of those deaths (54%), an investigation concluded that the child was simply forgotten by its caregiver. In only 120 of those incidents (17%) was there sufficient evidence to show that the act was deliberate. While these types of incidents are extremely sad and tragic, they will not automatically merit criminal charges unless evidence of criminal intent is present.

This was a terrible tragedy for the family to endure, and it was difficult for the first responders and law enforcement who were involved, as well. Our thoughts and prayers continue to be with those involved in this disastrous accident.

Jefferson County Sexual Assault Reform Background

Since 1998, there have been 27,402 reported rapes in Alabama. Jefferson County has reported 5,772, meaning an average of 21% of rapes in Alabama took place in Jefferson County. Because of the high volume of cases seen in Jefferson County, community based advocates approached the District Attorney’s Office about seeking grant funds to address sexual violence in our county. Upon researching the question of unsubmitted kits in Jefferson County, the DA’s Office realized the number of unsubmitted kits is unknown. This question led us to apply for SAKI funding, which will allow us to count how many kits we have through a county-wide inventory. The resources available to the 27 jurisdictions across the county vary widely. Some have electronic property records, and some do not. It was clear that additional resources were needed for us to have an accurate picture of how the criminal justice system in Jefferson County was responding to sexual assault.

Jefferson County SAKI Project Overview

In 2016, the Department of Justice’s Bureau of Justice Assistance (BJA) awarded the Jefferson County District Attorney’s Office with a Sexual Assault Kit Initiative (SAKI) grant of $1.5 million dollars for a three-year project. The purpose of this grant is to provide resources and personnel dedicated to examining the current criminal justice response to sexual assault in Jefferson County. This grant will allow us to inventory the existing Sexual Assault Kits in the county, build a database to store kit information, and provide a more survivor-centered and trauma-informed response to sexual assault.

The goals of the Jefferson County DA’s Office SAKI include the following:

A thorough inventory of all Sexual Assault Kits in the county
The development of a database that will provide easily accessible information to advocates, investigators, and prosecutors on the Sexual Assault Kits
Hiring three Court Advocates to help survivors of sexual assault navigate the criminal justice system.
Building a Multidisciplinary Team (MDT) for sexual assault that will include advocates, police, prosecutors, and community partners invested in addressing the needs of survivors
Hiring a prosecutor specifically to handle sexual assault cases
Setting up a vertical court for sexual assault cases

On March 14, 2017, Officers responded to the 1800 block of Bessemer Road. Upon arrival they were notified by a black female that she had been robbed and forced into the trunk of her car.

On March 22, 2017, warrants were issued for the arrest and apprehension of Manuel Towns. Mr. Towns was charged with Robbery 1^st, Kidnapping 1^st and Fraudulent Use of a Credit Card. The total bonds were set at $500,000.

We are grateful for the dedicated and diligent work of the Birmingham Police Department for bringing the defendant to justice.

The victim in this case and her family are looking forward to their day in court to ensure that this defendant won’t have the opportunity to do this to anyone else.

“We should learn to live together as brothers and sisters or perish together as fools.” Dr. Martin Luther King, Jr.

In January 2016, there were 7 homicides in Birmingham’s jurisdiction as compared to 5 homicides in 2017 (down 2 homicides for the month). The purpose of the press conference today is to make it perfectly clear that the gun violence has to stop. There is no obvious answer to this apparent epidemic of violence. No one should use a gun to resolve differences. However, these types of actions affect us all: The parents and family members of the victims, the parents and family members of the killer, the law enforcement personnel who arrives at the scene and views a young male or female’s body lying in a pool of blood, the various communities and the court system who ultimately decides a young man or woman’s fate.

Young people must learn that once you pull that trigger, there is a great likelihood that you may spend a considerable amount of what is left of your life in the prison system. Make no mistake, in partnership with law enforcement, we will aggressively investigate these cases. The District Attorney’s Office stands ready to vigorously prosecute these senseless, unjustified killings.

We cannot be everywhere, but we can and will be here ready to do our part in remedying this plague in our communities. We ask that you do your part as well in helping us prevent the killings before they happen, before another person loses their life. Speak to your community, to your friends, and neighbors about the violence. Spread the word that it needs to stop. I myself have been and will also continue to attend the various community meetings throughout this county. I will continue to speak out against the violence. We can make a difference together.

This week, the Institute for Innovation in Prosecution (IIP) joined the White House to co-host a roundtable on the role of the prosecutor in America’s evolving criminal justice landscape. The IIP—a novel partnership between the Manhattan District Attorney’s Office and John Jay College of Criminal Justice, coordinated by the NNSC—is designed to convene prosecutorial thought leaders; highlight transformative policies aimed at increasing fairness and safety; promote intelligence-driven prosecution; reduce unnecessary confinement; and support effective crime reduction efforts. The conversation brought together elected district attorneys from around the country with other criminal justice leaders and senior White House officials to discuss innovative ways that prosecutors can use their considerable discretion to drive much needed change. Criminal justice reform has been a focus at every level of government and this group represents a diverse set of state and local leaders who are lending their voice and expertise to the national dialogue.

“It was an honor to be apart of this important discussion” said Falls who has served Jefferson County as District Attorney for the past 8 years. “We have come a long way in the past several years and continue to learn, dialogue with others, and implement new strategies to improve what we as prosecutors do. Criminal Justice is a field that changes over time, laws change, and our understanding of how we can promote the reduction of crime changes” said Falls.

Deputy Assistant to the President Roy Austin and John Jay College President Jeremy Travis began the day by framing the conversation around the national momentum for criminal justice reform, and the unique role of the district attorney in addressing flaws in the justice system. Local district attorneys, who handle the vast majority of criminal cases, can do more to embrace their role as national leaders in justice reform. Today’s forum was one of the ways the IIP intends to elevate them in critical conversations about our justice system.

Participants engaged in constructive conversations led by Assistant U.S. Attorney General Karol Mason and New York County District Attorney Cyrus Vance about concrete steps and new tools that prosecutors from around the country can use to ensure their offices are enhancing public safety and promoting fairness. The discussion addressed the importance of cultivating comprehensive data to develop 21^st century metrics for prosecutorial success, applying innovative strategies to reduce crime and build community trust, and focusing on reentry programming as a crime reduction tool.

This event was a step toward elevating the American prosecutor’s role in guiding the trajectory of the justice system. The IIP and John Jay College look forward to building on the discussion at today’s White House roundtable and advancing partnerships and strategies that will enhance system transparency, improve public safety, and build trust. This was not the first time that District Attorney Brandon Falls has joined with John Jay College. Together they have teamed up with several leaders in our local community for the Violence Reduction Initiative.

To learn more, please visit nnscommunities.org/iip.

Participants:

Jerry Abramson, Deputy Assistant to the President and Director of Intergovernmental Affairs
Angela Alsobrooks, State's Attorney, Prince George's County, Maryland
John Chisholm, District Attorney, Milwaukee County, Wisconsin
Darcel Clark, District Attorney, Bronx, New York
Scott Colom, District Attorney, Sixteenth Circuit Court of Mississippi
Christine DeBerry, Chief of Staff to San Francisco District Attorney
Brandon Falls, District Attorney, Jefferson County, Alabama
Nancy Gertner, former U.S. federal judge, U.S. District Court of Massachusetts
Frank Hartmann, Adjunct Lecturer in Public Policy, Harvard’s John F. Kennedy School Of Government
Paul Howard, District Attorney, Fulton County, Georgia
David Kennedy, Director, National Network for Safe Communities
David LaBahn, President and CEO, Association of Prosecuting Attorneys
Karol Mason, Assistant Attorney General, Office of Justice Program, U.S. Department of Justice
Hillar Moore, District Attorney, East Baton Rouge Parish, Louisiana
Jean Peters Baker, Prosecutor, Jackson County, Missouri
Meg Reiss, Executive Director, Institute for Innovation in Prosecution
Tori Verber Salazar, District Attorney, San Joaquin County, California
Dan Satterberg, Prosecuting Attorney, King County, Washington
Jeremy Travis, President, John Jay College of Criminal Justice
Cyrus Vance Jr., District Attorney, New York County, New York
Kym L. Worthy, Prosecutor, Wayne County, Michigan
Ron Wright, Professor, Wake Forrest University School of Law

The Institute for Innovation in Prosecution and the White House Co-Host a Roundtable on the Role of the Prosecutor

After an extensive review of the evidence in this case, the Jefferson County District Attorney’s Office announces the dismissal of attempted murder charges currently pending against Aubrey Williams. These charges arose from an incident that occurred on April 24, 2014.

The investigation revealed that on April 24, 2014, Birmingham Police Officers Richard Haluska and Daniel Aguirre were patrolling in the East Lake area after taking a report concerning an armed robbery at a nearby ATM. Shortly after 2:00 a.m., the two officers encountered Aubrey Williams and Devon Brown walking in an alleyway. As the officers approached the two men, Officer Haluska saw a handgun in the back pocket of Mr. Brown and he attempted to secure the weapon. The situation quickly escalated and Mr. Brown began to wrestle with Officer Haluska. As Mr. Brown continued to resist, Officer Aguirre attempted to subdue him with his Taser. At this point, Mr. Williams was on the ground. Officer Aguirre approached Mr. Williams in order to handcuff him for his safety. Mr. Williams then raised his right arm from underneath him and Officer Aguirre saw a handgun. Officer Aguirre jumped back and fired two shots. Officer Aguirre then kicked the firearm away and secured Mr. Williams. Officer Aguirre immediately ran to the patrol car to ensure the dash cam recording of the incident was preserved.

Neither Mr. Williams nor Mr. Brown were licensed to carry a concealed firearm. Mr. Brown was later charged with being a Certain Person Forbidden to Possess a Pistol and also for a murder that occurred the previous night.

The dash cam video was submitted to the FBI Crime Lab in an attempt to enhance the video image, but they were unable to do so. The results of their efforts were recently submitted to the District Attorney’s Office.

After an extensive review of all of the evidence in this case, the state is unable to meet the burden of proof beyond a reasonable doubt. Due to the fact that there are pending criminal charges against Devon Brown and ongoing civil litigation involving this incident, the District Attorney’s Office cannot release any further details concerning this matter.

The Jefferson County District Attorney’s Office, Vestavia Hills Police Department, and Birmingham Police Department have spent several weeks investigating an Organized Retail Crime ring operating throughout Jefferson County. During this investigation, dubbed Operation Molten Iron, an estimated $55,000 worth of retail merchandise was stolen from local retail stores or provided for controlled sales. To combat the theft ring, law enforcement worked with organized retail crime investigators from CVS, Home Depot, Publix, Target, Walgreen's and Wal-Mart. The retailers donated merchandise and personnel in order to support the operation.

The goal of Operation Molten Iron was to identify those responsible for theft of merchandise at the retail level, and to discover the destination of the stolen merchandise and the identity of individuals in the business of purchasing the stolen goods. Retailers donated merchandise so that law enforcement could conduct controlled sales in furtherance of the investigation.

During Operation Molten Iron, Officers and Agents spread out over numerous locations in Jefferson County and recovered vehicles and merchandise valued in the hundreds of thousands of dollars. Three suspects wanted in these cases were apprehended and several more are being sought. At one location, officers also found approximately 15 pounds of Marijuana.

Organized Retail Crime costs $30 Billion annually and affects 97% of retailers in the United States. This investigation alone uncovered that one individual is suspected to be responsible for the theft of approximately $1 Million worth of property each year for over a decade, and that the property was fenced to several individuals over that time. Alabama’s lost tax revenue due to this individual would be over $100,000 annually.

At this time, law enforcement has limited tools to combat Organized Retail Crime. One subject investigated during Operation Molten Iron cannot be charged under Alabama's current criminal laws, but could be charged if Alabama had the same organized crime laws that exist in surrounding states. Fortunately, there is legislation pending in Montgomery to enact a Racketeering Influenced Corrupt Organization (RICO) law to fight ORC as well as other organized crime. That legislation, SB234, gives law enforcement the ability to dismantle the organizational structure of the criminal enterprises operating in Alabama. We encourage everyone who is concerned about organized crime in Alabama to contact their local legislator and request passage of the RICO bill in order to give law enforcement the necessary tools to fight organized crime.

The Jefferson County District Attorney's Office would like to thank all of the law enforcement officers and the retailers involved in Operation Molten Iron for the cooperation and collaboration which has made this operation possible.

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.

Law enforcement in Jefferson County has recently become aware that several establishments are preparing to open for the purpose of operating electronic bingo in Jefferson County. As District Attorney, it is necessary to keep the public informed about the law as it relates to bingo and gambling in Jefferson County.

The rules have not changed. Commercial gambling is illegal in Alabama under the constitutional prohibitions against lotteries and the state code. Several counties have constitutional amendments that allow bingo to be played in that county and under the rules set forth in that county’s amendment. Those rules have been clarified by Alabama Supreme Court rulings over the last several years.

In 2009, the Alabama Supreme Court stated, “The game of bingo contemplates a group activity in which multiple players compete against each other to be the first to properly mark a card with the predetermined winning pattern and announce that fact.” The Supreme Court further stated in 2014 that the game of bingo “is not one played by or within an electronic or computerized machine, terminal, or server, but is one played outside of machines and electronic circuitry. It is a group activity, and one that requires a meaningful measure of human interaction and skill…”

Therefore, any electronic or computerized version of bingo is illegal in Jefferson County.

Furthermore, Jefferson County’s constitutional amendment prohibits anyone from running a for-profit business to play bingo. The only entity that can operate a game is a non-profit organization with a charitable or educational purpose. The charity must have existed for two years, and the game must take place on the premises of the non-profit organization. The non-profit may not contract with anyone to operate the game, and may not pay for either consultants or for any services in relation to bingo.

Furthermore, the constitutional amendment mandates that “no person or organization, by whatever name or composition thereof, shall take any salary, expense money, or fees or remuneration for services rendered in the operation of any bingo game.” That means that a charity cannot pay a salary to “employees” and that all proceeds from the game must go to charitable and educational purposes.

Under these restrictions, there is no conceivable way that a business could legally operate in Jefferson County for the purposes of playing bingo, regardless of whether it is played using an electronic machine or not.

My office stands ready to assist the Sheriff, each police department, and any other law enforcement agency in enforcing the laws of Alabama. Any entity preparing to open an electronic gaming business should be on notice as to the laws of Alabama before attempting to do so. If anyone has received information that my office or the Sheriff’s office have approved any electronic bingo establishment or any electronic bingo game as legal, that information is false.

Ala.Const. Jefferson County § 2

Alternatively cited as AL CONST Amend. No. 386; AL CONST Amend. No. 600

Sec. 2. Bingo.

The operation of bingo games for prizes or money by nonprofit organizations for charitable or educational purposes shall be legal in Jefferson County, subject to the provisions of any resolution or ordinance by the county governing body or the governing bodies of the respective cities and towns, within their respective jurisdictions. The said governing bodies shall have the authority to promulgate rules and regulations for the licensing and operation of bingo games, within their respective jurisdictions, provided, however, that said governing bodies must insure compliance with the following provisions:

(a) No person under the age of 19 shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 be permitted to conduct or assist in the conduct of any game of bingo;

(b) No bingo license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 24 months immediately prior to the issuance of the license;

(c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;

(d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;

(e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;

(f) Prizes given by any nonprofit organization for the playing of bingo games in Jefferson County shall not exceed the amounts set by local law;

(g) No person or organization, by whatever name or composition thereof, shall take any salary, expense money, or fees as remuneration for services rendered in the operation of any bingo game.

In response to the multiple requests for a public statement regarding the death of Kelci Lewis, the District Attorney’s Office for the Tenth Judicial Circuit of Alabama issues this press release. Katerra Lewis, the mother of Kelci Lewis, has been charged with Manslaughter. Her case will proceed through the adult court system of Alabama. As always with any pending charge, the District Attorney’s Office will not discuss the facts of the pending case.

In addition to the adult charge against the mother, there is also a juvenile delinquency case involving a minor in this incident currently pending in the juvenile court system. This minor is not and will not be charged as an adult. Cases involving juveniles proceed under the Alabama Juvenile Justice Act, which is quite different from the laws involving adults. Due to the rules governing the confidentiality of juvenile cases, only limited information may be made available to the public. The confidential nature of these cases tends to mean that the public is generally unfamiliar with the laws and procedures surrounding juvenile cases. It is important to note that under Alabama law, a juvenile is never charged with a criminal offense, but is charged with being a juvenile delinquent. As such, some of the well-known principles of the adult criminal justice system, such as punishment and prison, do not apply to juvenile cases.

In Alabama, juvenile law operates under the premise that the primary goal for each child charged with a delinquent act, whether that act is a minor misdemeanor or a violent felony, is to see that the child receives the care or guidance needed in order to benefit the child. This may involve individual or family counseling, psychiatric services, drug recovery, or other individualized therapeutic programs designed to rehabilitate the juvenile.

First and foremost, the juvenile court judge must determine whether a child is competent, and whether he understood the consequences of his actions before any case may proceed. The child's age, education, mental condition, and physical condition are all taken into consideration by the Court. If the court determines that the child is not competent, then the proceedings may change from a juvenile delinquency hearing to a dependency hearing concerning the general welfare of the child. The Court will also consider whether the child is a danger to himself or others and whether there are mental health issues that need to be addressed in a therapeutic environment. This means that the judge determines whether the child will remain in his home or is placed in a more suitable environment. As a last resort, the Court may consider placement in a secure, age-appropriate facility if it is determined that the safety of the community is at risk and that there is no lesser restrictive means to accomplish this goal.

Throughout the course of a juvenile delinquency case, the District Attorney's Office works to ensure that all information regarding the minor is kept strictly confidential and that the minor receives the supervision, care, and rehabilitation necessary for the welfare of the child while ensuring the safety of any of society's most vulnerable with whom the juvenile may come in contact. A case of this nature, while not unprecedented, is nevertheless a rare occurrence. Although there are other methods for the state and the juvenile courts to intercede in the life of a minor, the unique and tragic facts surrounding this case make a juvenile delinquency proceeding the best route for reaching a just resolution for all involved.

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.

On November 5^th, 2015, an arrest warrant was issued by the magistrate for the Tenth Judicial Circuit, Jefferson County, Alabama for Bobby Hernandez for the felony offense of Interference with Custody, Alabama Code Section 13A-6-45. The warrant concerns the taking of Julian Hernandez from the lawful custody of his mother on August 28^th, 2002 from Vestavia Hills, Alabama, and the continuing interference with custody until the 18^th birthday of Julian. Bobby Hernandez is currently in the custody of law enforcement in Cuyahoga County, Ohio for charges involving the use of false identification.

Hernandez will be held without bond once the warrant is served and he is extradited to Jefferson County, Alabama.

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.

The Jefferson County District Attorney’s Office has reviewed Birmingham Police Department’s investigation into the vehicle wreck that occurred on October 4th, 2015 at 1929 Jefferson Avenue. That wreck occurred when a car occupied by a driver and a passenger struck a motorcycle driven by Kaylan Kamota Perry, causing Mr. Perry to strike a light pole and resulting in his death.

The materials reviewed include investigative reports from the Birmingham Police Department, witness statements of individuals who came forward during the investigation, and three sets of video footage of different phases of the incident collected by the detective. We have also gathered information from Huntsville concerning a previous incident involving Mr. Perry.

Concerning the events that occurred in Huntsville, the BPD investigation revealed that there was a prior incident in which Mr. Perry was assaulted by an individual who was acquainted with the driver and passenger of the car. That individual was arrested and charged with the assault on Mr. Perry. Neither the driver nor the passenger of the car involved in this incident was arrested or charged in the prior assault on Mr. Perry. A police report from the incident in Huntsville also indicates that a gun was taken from Mr. Perry during that incident.

The facts of this case indicate that on October 4th, 2015, the driver of a maroon Mercury involved in the incident pulled into the gas station at 603 Bessemer Super Highway and parked at a pump. The car was occupied by a passenger. The driver walked into the gas station and made a purchase, which included a prepayment of $5.00 in gas. That information has been confirmed by an employee at the station. The driver then walked out of the gas station and back toward his car.

At that time, Mr. Perry pulled into the station on his motorcycle followed by a second individual on a dark blue motorcycle. Video surveillance shows that the driver of the car turned his head toward Mr. Perry, and then immediately got into the driver seat of the car without making any effort to pump the gas that he had paid for. Mr. Perry then drove his motorcycle to a point several yards in front of the car and pointed toward the occupants of the car while communicating with the rider of the second motorcycle.

The rider of the second motorcycle later told the detective during the investigation that Mr. Perry indicated to him that the “guys in the car had jumped him.” We believe that this is a reference to the events that occurred in Huntsville.

The driver of the car then pulled to the right of the two motorcycles and left the gas station without pumping the gas that he had paid for. Two video cameras from the front of the gas station and one from the interior of the station recorded the events that occurred at the gas pump, including Mr. Perry following the car on his motorcycle as the car pulled away. A fourth camera from the rear of the station then captured video of the driver of the car driving through a parking lot away from the station with Perry still following the car on his motorcycle. The second motorcycle is also visible following at a far distance behind the car and Mr. Perry.

The car and Mr. Perry continued onto Brighton Road which turns into Jefferson Avenue. Investigators were able to locate a second set of video footage of the incident from a residence. This video footage shows the car and Mr. Perry driving at a high rate of speed on Jefferson Avenue, during which time Mr. Perry continued to follow the car, and then attempt to pull alongside the car.

According to eye witnesses of the incident, the car traveled down Jefferson Avenue at excessive speeds, and was being pursued by Mr. Perry on his motorcycle. Mr. Perry attempted to pull alongside the passenger side of the car, but the driver of the car maneuvered from side to side, in an effort to keep Mr. Perry from passing or approaching the car from the side.

Another gas station on Jefferson recorded a third set of video footage which includes the final seconds before the wreck and the wreck itself. Mr. Perry’s motorcycle and the car appear in the video footage at the same time traveling at a high rate of speed. Perry’s motorcycle and the car are at that point travelling alongside each other, with the motorcycle on the passenger side of the Mercury, when the car appears to veer to the left, nearly crossing the center line into oncoming traffic. The car then appears to over-correct to avoid striking oncoming traffic, causing it to make contact with Mr. Perry and his motorcycle. The impact caused Mr. Perry and his motorcycle to strike a light pole, which resulted in his death.

Witnesses to this part of the incident indicate that the motorcycle appeared to be chasing the car, and that the driver of the car lost control of the car resulting in the wreck. An accident reconstruction investigator with BPD determined from the car’s computer system that it was driving approximately 80 mph just prior to the wreck. He also found evidence at the scene in the form of skid marks which corroborate the witnesses and the assertion that the car lost control, drove toward oncoming traffic, and wrecked as a result.

Statements made to police by the driver and passenger of the car were consistent with the video footage collected in the investigation and eyewitness accounts of what occurred.

At no point in the three sets of video which captured the incident did the car follow or pursue Mr. Perry. The initial set of video footage from the Marathon gas station clearly shows Mr. Perry pursuing the car as it left the gas station. Furthermore, not a single witness has come forward to say that Mr. Perry was being pursued by the car. To the contrary, eyewitness accounts and video evidence verify that Mr. Perry was chasing the car. The facts indicate that Mr. Perry was the aggressor in this incident and the driver of the car responded to Perry’s aggression in a manner to avoid him.

After a thorough review of the evidence and facts surrounding this case, my office has concluded that there was no criminal wrongdoing on the part of the driver or the passenger of the car involved. It is clear from the evidence that the driver took actions to avoid a confrontation with Mr. Perry. Though this situation is nothing short of tragic, the evidence and facts presented to the District Attorney’s Office indicate that Mr. Perry’s death was not the result of criminal action and no charges will be made at this time.

Our thoughts and prayers are with Mr. Perry’s family and all who are affected by this tragedy.

Additionally, Chief Roper wants the public to know that “This incident was an unfortunate tragedy for the Perry family. This investigation had many twists and turns which was compounded by various rumors; however, we completed a comprehensive and extremely thorough investigation from start to finish. We actually established a joint investigations team comprised of several fatal Accident Investigators and Detectives from our Homicide Unit. We invested well over 100 hours of investigative time in determining not just what happened but what preceded the moment of impact.”

My office is in the process of reviewing the investigation into the death of Kindra Chapman while she was in custody at the Homewood City Jail. We have received the reports of the offense that led to her arrest, and determined that there was probable cause for her arrest and custody. We have received the reports from the officers on duty the evening of her death as well as the reports of the investigating detective. We have also received the statement of a witness who was in the custody of Homewood Police that same evening. Most importantly, we have received the video surveillance recordings from several cameras in and around the Homewood City Jail.

At this time, we are awaiting the final autopsy report from the Jefferson County Coroner's Office, which will include a toxicology report. I have spoken with the coroner's office and received preliminary information about the cause of death. At this time, we have reviewed the coroner's information, the inmate's statement, the investigative reports, and the video recordings. Once we receive the final autopsy report and complete our review, my office will issue further findings in this matter.

At this time, I have made a preliminary determination concerning Ms. Chapman's death. Ms. Chapman was arrested on the evening of July 14^th, 2015 for the charge of Robbery First Degree. She was transported to Homewood City Jail and booked into the jail. There is no evidence that she received any injury when she was taken into custody or when she was transported to the jail. Neither the video recordings of her entering the jail, nor the video recordings of her at the time of booking, indicate that she had any injuries. Throughout the entire process, she appeared to be able to move and function on her own.

After booking, officers with the Homewood Police Department placed Ms. Chapman in a jail cell. Officers were in the process of transporting several inmates from the Homewood City jail to the Homewood Municipal Court for court hearings. During that process, Ms. Chapman was left alone in the cell. While in the cell, the video shows that she appeared to be agitated, and she attempted to damage the contents of the cell. She knocked over a water cooler, took a bed sheet, and stood on the cooler to tie the bed sheet to a wall support rail extending from the ceiling. She then used the sheet to commit suicide.

Shortly thereafter, officers were returning another inmate from court to the same cell. They discovered Ms. Chapman in the cell and immediately began efforts to resuscitate her on floor in the cell. According to the statement made by the inmate, the officers did everything they could for Ms. Chapman. Emergency medical services were contacted, and Ms. Chapman was transported to Brookwood hospital where she was pronounced deceased. The preliminary investigation of the coroner’s office has determined that Ms. Chapman’s only injury is consistent with a self-inflicted death.

At this time, I have seen no evidence of any criminal wrongdoing in the arrest and detention of Kindra Chapman, and I believe that her death is the result of a suicide. I have no plans to release any of the videos related to this matter due to the tragic nature of the situation, but I would be willing to release the video of Ms. Chapman entering the jail facility and the video of the booking process if I receive a specific request to do so by her family. I have spoken with the attorney representing Kindra Chapman’s mother, and explained my findings to him. Prosecutors with my office have also had a meeting with Ms. Chapman’s grandmother, other family members, and several of her friends, to explain the preliminary findings. Ms. Chapman’s friends and family have been through a terrible ordeal, and my heart goes out to them in this time of grief.

These are the facts with which my office is working at this time. Again, we will continue to review the entire investigation, and we will add the final autopsy report to that review when it becomes available. Once our review is completed, we will make further statements concerning our conclusions of this investigation. However, due to the concerns of the public and the accusations being made about the facts surrounding her death, I felt it necessary to make a preliminary statement in hopes of curtailing any anxiety of Ms. Chapman’s family and friends, and for the further purpose of encouraging peace in our community.

My office is in the process of reviewing the investigation into the death of Kindra Chapman while she was in custody at the Homewood City Jail. We have received the reports of the offense that led to her arrest, the reports from the officers on duty the evening of her death, and the reports of the investigating detective. We have received the statement of a witness who was in the custody of Homewood Police that same evening, and we have received the video surveillance recordings from several cameras in and around the Homewood City Jail.

At this time, we are awaiting the final autopsy report from the Jefferson County Coroner's Office, which will include a toxicology report. I have spoken with the coroner's office and received preliminary information about the cause of death. At this time, we have reviewed the coroner's information, the inmate's statement, the investigative reports, and the video that shows the events that occurred inside of the jail cell where Ms. Chapman was being held. It will take additional time to review all of the videos. After we have received the final autopsy report and completed our review, my office will issue a statement concerning our findings in this matter.

At this time, I am prepared to issue a preliminary statement concerning the investigation, but my office has been unable to speak with the family of Kindra Chapman or the attorneys who represent the family. I do not feel that it would be appropriate to release any information until I have spoken with the family about the investigation. Attempts have been made to contact the family and the attorneys, and I am awaiting a response from them.

Thousands of elderly adults who have disabilities are abused, neglected, and exploited in Alabama each year. To help raise awareness, communities and professionals across the nation and across the world, unite annually on June 15 to observe World Elder Abuse Awareness Day. One way to observe World Elder Abuse Awareness day is to wear purple. Purple is the color nationally recognized to represent elder abuse awareness. In Alabama, Governor Robert Bentley has proclaimed June 15 as World Elder Abuse Awareness Day.

District Attorney Brandon Falls has articulated his strong stance on the subject, “The truth of the matter is that our elderly are most susceptible to physical and financial crimes. We are dedicated to working with our partners in law enforcement and social services to protect each and every one of our citizens.” Jefferson County Department of Human Resources Director Angela McClintock shares this comment: “No matter how difficult the challenge, with the help of our community partners, our Adult Protective Services Division investigates reports and arranges protection. These social workers are strongly committed to ensuring the safety and wellbeing of the elderly.”

The Alabama Department of Human Resources (DHR) is responsible for the investigation of adult abuse, neglect, and exploitation. DHR also partners with over 30 agencies as members of the Alabama Council for the Prevention of Elder Abuse which works to raise awareness of elder abuse prevention. In fiscal year 2014, the Alabama Department of Human Resources investigated over 6,700 reports of suspected abuse, neglect, and exploitation of vulnerable adults statewide, which included elderly persons. Mandated reporters include physicians, practitioners of the healing arts, and caregivers; however, anyone can make a report by contacting their county DHR office or local law enforcement agency.

District Attorney Brandon Falls has taken the initiative in the legal fight against elder abuse and exploitation by adopting a comprehensive approach. His emphasis has been on communication between social services, law enforcement, and the attorneys in his office. In particular, his office has been at the forefront of utilizing the new Protecting Alabama’s Elders Act and recovering the assets of elderly victims by enforcement of the Alabama Comprehensive Criminal Proceeds Forfeiture Act. These two laws were passed in 2013 and 2014 giving law enforcement and victims specific tools to fight elder exploitation.

Elder abuse and exploitation are gravely under-reported. Please help us protect our vulnerable citizens who have contributed so much to our community. If you suspect mistreatment of an elderly person or an adult person who has disabilities, please call Jefferson County DHR at (205)423-4900. You can make a real difference in the life of a vulnerable adult by recognizing maltreatment and exploitation. Reports may also be made toll free to Adult Abuse Hotline 1-800-458-7214. All reports are confidential.

Brandon K. Falls, Jefferson County District Attorney, announces that 257 arrest warrants were issued on 20 defendants for charges ranging from Public Assistance Fraud 13A-9-150(b)(4), Fraudulent Use of a Credit Card 13A-9-14(b)(3), and Theft of Property 13A-8-4(a). These defendants fraudulently purchased EBT cards from beneficiaries and used those cards to purchase products in bulk to stock their stores. Several defendants were buying stolen property and selling that stolen property at inflated prices. Eleven convenience stores have been seized related to the fraudulent use of EBT cards and the purchase of stolen property.

The District Attorney’s Office would like to thank all of the agencies that assisted in this investigation including Federal Bureau of Investigation, United States Secret Service, Gardendale Police Department, Wal-Mart Global Investigations, United States Marshal’s Service, Homeland Security Investigations, United States Department of Agriculture, Alabama Department of Human Resources, Hoover Police Department, Pelham Police Department, Alabama Law Enforcement Agency, Internal Revenue Service, and Birmingham Police Department.

A charge against a defendant is merely an accusation. All defendants are presumed innocent until and unless proven guilty.

Reset Overview

Reset Jefferson County diverts people out of jails and prisons with a proportionate, effective, and meaningful response to low-level offending. Through Reset, participants avoid a criminal record and the court process by completing community-based program requirements. Our approach holds people accountable for their actions, strengthens public trust in the justice system, and creates opportunities for young, low-level offenders to move forward without the lifetime impediment of a felony conviction.

Why We Need It

Alabama prisons disproportionately harm Black Alabamians housed in deplorable conditions. Incarceration often begins with low-level offenses. Existing diversion programs are unduly burdensome for defendants–too costly and lengthy. Failure to complete programs results in a felony record, jail time, and can lead to job loss and education disruption – systemic responses unequal to the crime. Reset participants are held accountable without the life-altering punishment of a felony conviction and the financial burden of court or program costs. The program reduces the likelihood of future convictions and resolves cases faster, with less costs. Reset is meaningful justice reform for disproportionately impacted people of color.

How It Works

In Jefferson County, more than 500 people aged 18-24 are arrested each year for low-level felonies, such as drug possession and forgery. In 2019, 75% of people arrested were Black residents, a significantly disproportionate number. Reset serves people in this cohort with first-time arrests who accept responsibility for their actions, and rather than attending court, choose to engage in restorative justice programming with Reset staff and a community provider. Participants are treated with dignity, and community partners address underlying issues that led to dangerous behavior. Participants reflect on their accountability and discuss how to avoid future arrests. Reset staff also refer participants to community organizations to help address barriers such as employment and housing.

When participants complete programming the District Attorney’s Office will decline to prosecute them, and they won’t have to appear in court. Participants who do not complete programming are sent back to the court system.

Models of Success

Reset Jefferson County follows the evidence-based model of the Center for Court Innovation’s (CCI) successful Project Reset program in New York. CCI’s five-year proven track record found that participants were significantly less likely than defendants in a comparison group to be convicted of a new crime within one year. The study also documented improved case processing times, case outcomes, and positive perceptions of the program. More than 95 percent of participants said they had made the right decision by entering the program and that they would recommend Project Reset to someone in a similar situation. (Source: Project Reset: An Evaluation of Pre- Arraignment Diversion Program in New York City.)

More information on New York’s Project Reset:

Progress

Enrollment in Reset began in March 2022 upon establishing the case flow for participants in conjunction with the Jefferson County Public Defender’s Office, the University of Alabama at Birmingham Community Justice Programs, and the 10^th Judicial Circuit Court of Alabama. Thus far, seven participants have had their felony and/or misdemeanor cases permanently dismissed by completing Reset. Numerous participants are actively enrolled in the program and are working towards completion. Enrollment in Reset is ongoing.

Implementation involves law enforcement, victims, and participants. Reset programming is currently provided by Salaam Green, Executive Director of the Literary Healing Arts. For questions regarding Reset, please contact Natalie Campbell, Reset Coordinator, at reset@jccal.org or by phone at (205) 325-5573.

Reset Program Updates:

December 11, 2024 - Jefferson County to Receive More Than $800,000 For Innovative Diversion and Restorative Justice Programming

Reset Program Report March 2024

Reset Program Report May 2023

Reset Program Report July 2022

Reset Program Report October 2022

Reset Program Report For 2022

Danny Carr, Jefferson County District Attorney - Birmingham Division

The prevalence of Sexual Assault in the United States is staggering. According to The National Intimate Partner and Sexual Violence Report, Sexual Assault is a heinous crime that affects approximately 1 in 5 women and 1 in 71 men in their lifetimes. Since 1998, 1 in 5 Sexual Assault cases reported in Alabama have occurred in Jefferson County. Sexual Assault is incredibly difficult to investigate and prosecute due to the intimate nature of the crime. Jefferson County, Alabama is no different. Yet, the Jefferson County District Attorney’s Office is committed to reducing these number’s by holding perpetrators accountable for their crimes.

In 2016, the Jefferson County’s District Attorney’s Office received the first of three federal grants designed to improve the criminal justice system’s response to Sexual Assault in Jefferson County. Through these grants we have increased the support for victims through a more survivor-centered and trauma-informed response to Sexual Assault and worked to streamline the process of investigating and prosecuting Sexual Assault.

To speak with an advocate about a Sexual Assault case, please contact 205-325-1423 or email DA_SAKI_group@jccal.org

Investigator Ellen Scheirer Investigator Rod Robinson

Sexual Assault Kit Initiative (SAKI):

In 2016, the Department of Justice’s Bureau of Justice Assistance awarded Jefferson County a Sexual Assault Kit Initiative (SAKI) grant in the amount of 1.5 million dollars for a three-year project. The purpose of the grant was to provide resources and personnel dedicated to examining the current criminal justice response to Sexual Assault in Jefferson County. The grant funds allowed us to inventory, track, and test previously unsubmitted Sexual Assault kits (SAKs), as well as improve coordination and collaboration among various stakeholders involved in Sexual Assault investigations and prosecutions.

In 2019, and then again in 2020, our office was awarded additional funding from the Department of Justice’s Bureau of Justice Assistance’s Sexual Assault Initiative (SAKI) to continue our work. These funds are currently being used to support the testing of Sexual Assault kits, and the investigation and prosecution of previously unsubmitted Sexual Assault Kits (SAKs) in Jefferson County. The funds allow us to work with community partners to develop a sustainable, trauma-informed approach to Sexual Assault investigations and prosecutions; collect data to understand current dynamics, institutionalize best practices for trauma-informed investigations and prosecutions; and continue inventorying, tracking, and testing previously unsubmitted kits.

The goals of the Jefferson County DA’s Office Sexual Assault Kit Initiative include the following:

- A thorough inventory of all Sexual Assault kits in the county.

- The development of a database that will provide easily accessible information to advocates, law enforcement, prosecutors and community partners invested in addressing the needs of victims.

- Providing advocates to help survivors of Sexual Assault navigate through the criminal justice system.

- Using a Multidisciplinary Team for Sexual Assault that include victim advocates, law enforcement, prosecutors, and community partners to provide a victim centered approach for assessing cases for prosecution and adressing the needs of Sexual Assault survivors.

- The use of a specially trained, dedicated prosecutor to review Sexual Assault cases.

Jefferson County’s Sexual Assault Kit Initiative is dedicated to taking an in-depth and comprehensive look at Sexual Assault across the county. With 27 separate jurisdictions and two District Attorney’s Offices, additional resources were needed to develop a common language and protocol for addressing Sexual Assault county-wide. Jefferson County’s Multidisciplinary Team is comprised of law enforcement, criminal analyst, advocates, prosecutor’s, Sexual Assault Nurse Examiner’s, and representatives from the Alabama Department of Forensic Sciences. The Multidisciplinary Team is responsible for developing protocols for testing, investigating, and prosecuting any cases that can move forward. Advocates work directly with survivors to help them navigate the system and address their needs throughout the process. Together these individuals are working to address individual cases, policies, procedures, as well as training needs within Jefferson County. Our efforts are survivor-centered and trauma-informed, meaning that the survivor is the center of the process and all efforts will be made to reduce the traumatization that can occur throughout the criminal justice system.

Sexual Assault Kit Initiative (SAKI) Inventory:

Jefferson County’s first Sexual Assault Kit Initiative (SAKI) grant was awarded to specifically address Sexual Assault kits in the county that were not previously submitted to the lab for testing. With the help of local law enforcement, SAKI staff completed a comprehensive inventory of sexual assault kits in Jefferson County, which yielded a total of 4,999 kits with 3,876 of those kits identified as never having been submitted for testing. SAKI staff are now in the process of researching the case status for each kit and using a database to collect information on these inventoried and future Sexual Assault kits.

Sexual Assault Kit Initiative’s (SAKI’s) national goals are to understand why kits have not been tested in the past, to provide education on the importance of testing kits, and to find solutions to the unique roadblocks that prevent testing that may be unique to each jurisdiction. Jefferson County is fortunate to have received the Sexual Assault Kit Initiative (SAKI) grants so that we can look at the national problem of unsubmitted kits from a local and multidisciplinary perspective.

News and Information:

April is Sexual Assault Awareness Month

SAKI Inventory Summary.pdf (jeffcoda.org)

Home | Sexual Assault Kit Initiative (SAKI) (sakitta.org)

WVTM 13 Investigates: Jefferson County rape kit backlog update

Possible serial rapists ID'd in testing of backlogged rape kits in Jefferson Co. | WBMA (abc3340.com)

Cases from rape kit backlog close to prosecution (wvtm13.com)

Victims coping with massive sex crime kit backlog (wvtm13.com)

Jefferson County seeking investigator to clear sexual assault backlog (wvtm13.com)

More than 3,800 untested rape kits in Jefferson County (wbrc.com)

Other Community Resources:

Crisis Center, Inc. Home - Crisis Center (crisiscenterbham.org)

One Place Metro Family Justice Center Help for Domestic Violence & Sexual Assault Victims in Birmingham (oneplacebirmingham.com)

Alabama Coalition Against Rape Alabama Coalition against Rape

One Place Metro Alabama Family Justice Center provides coordinated, no-cost services to victims and survivors of domestic violence and sexual assault through a multi-disciplinary team working together under one roof. One Place offers options so that survivors can choose the path to healing and justice that fits their unique situation and needs. For more information about One Place Metro Alabama Family Justice Center, please contact them at:

One Place Family Justice Center
3613 6th Avenue South
Birmingham, AL 35222
205-453-7261
www.oneplacebirmingham.com

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What is HFI?

The Helping Families Initiative (HFI) is a crime-prevention effort designed to improve family functioning, child well-being and educational outcomes. HFI connects families to resources to strengthen families and improve student behavior and academic engagement before families encounter the juvenile justice system.

How does it work?

HFI partners with schools to recognize warning signs like unexcused absences and suspensions, and then conducts in-home assessments to identify root causes of dangerous behavior. An inter-agency team provides insight and information across multiple agencies to craft an individualized intervention plan for each family. Empowering families with resources and support helps students attend school consistently and behave in accordance with school policies.

Why is the DA involved?

The Alabama Compulsory School Attendance Law (16-28-12, Code of Alabama, 1975) says parents are responsible to ensure all children between the ages of six (6) and seventeen (17) attend school regularly and behave properly. Principals and superintendents must report student absences and behavior violations regularly to the district attorney. DA’s shall vigorously enforce this section to ensure proper conduct and required attendance.

We believe that addressing root issues with resources and problem-solving with parents is a better way to ensure student attendance improves. Chronic absenteeism and disciplinary infractions reduce the likelihood of a student graduating on time and negatively impact reading proficiency. Gaining a good education is crucial for students to avoid a future life of crime.

What resources do you offer?

HFI partners with more than 120 service providers in our community to provide:

- Academic Support - Food

- Mentoring - Clothing

- Mental Health - Utilities

- Parenting Support - Financial Stability

- Housing - Domestic Violence

- Driver’s License Recovery - Civil Legal Help

- Job Training - Life Skills

HFI pairs you with a case officer for your school and neighborhood to listen to your story, secure resources for your family, and help you reach your goals.

Which schools do you serve?

HFI began in the Birmingham division during the 2016-2017 school year. In August 2021, HFI began serving all Birmingham City Schools and all Tarrant City Schools with 10 full-time case officers.

How can I get help?

1) Parents call (205) 325-5483.
Leave a message to get a call back from the case officer for your child’s school.

2) Parents get an HFI letter and help by phone.
During the school year, DA Carr mails an HFI letter at the first suspension or the second unexcused absence. Parents are NOT in trouble. We want to offer resources when problems are small.

3) Parents get an HFI letter and ongoing support.
If unexcused absences or suspensions continue, DA Carr mails another HFI letter. Parents get help creating a resource plan from an HFI case officer.

Who is eligible?

Families with a child enrolled in either Birmingham City Schools or Tarrant City Schools are eligible for HFI. HFI can provide multi-generational support for anyone in the household. As a purely prevention effort, children must not be actively court involved to receive HFI services.

For more information on the Helping Families Initiative, call 205-325-5483.

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Danny Carr, Jefferson County District Attorney - Birmingham Division

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