Our hearts remain with the communities in Western North Carolina devastated by Hurricane Helene. On Wednesday, lawmakers unanimously passed “The Disaster Recovery Act of 2024” allocating $273 million to meet immediate needs and begin the recovery process. The bill also contains provisions for a recovery fund for Brunswick County and the Carolina Beach area after major flooding during a storm in September, and a similar fund for Rocky Mount to assist with recovery after a tornado caused by Helene damaged buildings and caused injuries. Notable provisions of the bill expand eligibility for serving as a volunteer poll worker and for submitting absentee ballots, and authorize the Governor to waive certain DMV fees, such as duplicate license/identification card fees and late fees for motor vehicle registration renewals. Additionally, the bill temporarily extends the deadline for preliminary hearings for post-release supervision and parole violations once a supervisee has been arrested from seven to twenty-one working days. Governor Roy Cooper signed the bill into law Thursday morning. Read on for more criminal law news.
SCOTUS starts a new term. The first Monday in October was this week, which signals the start of a new term of the U.S. Supreme Court. On the docket are two significant gun cases. One involves so-called “ghost guns” that are made from build-it-yourself kits bought online. The central question is whether or not these purchases are subject to the same laws that apply to firearm sales and licensed gun dealers. The Biden administration argues the definition of a firearm includes ghost guns as “any weapon that is designed to or may readily be converted into a functional firearm,” while kit sellers argue that a collection of parts is not a firearm. Oral arguments were held on Tuesday. The second gun case has international implications – whether the Mexican government can sue U.S. gun manufacturers for allegedly aiding and abetting illegal gun sales to traffickers for drug cartels.
The Supreme Court also left several lower court decisions intact by declining to intervene. This includes a challenge brought by Elon Musk against a warrant issued by Special Counsel Jack Smith for private Twitter communications sent and received by Donald Trump right before and after the 2020 election. By rejecting Musk’s challenge, the Supreme Court left the warrant in place. The election interference case is still ongoing, and may well make its way back to the Supreme Court.
Pedestrian fatalities. On Monday night of this week, a pedestrian crossing U.S. Highway 15-501 was struck and killed by a car. The next day, another pedestrian was struck and killed on South Saunders Street in Raleigh. That same morning, a third pedestrian was struck and seriously injured in the 2500 block of Holloway Street in Durham. These are all developing stories with ongoing investigations. Pedestrian deaths hit a 40-year high in 2022, and only dipped 5.4% in 2023. Although many factors are at play, a significant one is vehicle design. The National Highway Traffic Safety Association (NHTSA) is responding by proposing a new Federal Motor Vehicle Safety Standard. The proposed standard would “ensure passenger vehicles . . . are designed to mitigate the risk of serious to fatal injury in child and adult pedestrian crashes.” The regulation is still in the public comment stage where anyone can provide input in support or dissent of the proposed rule. NHTSA will accept comments at the link above until November 18, 2024.
Johnston County Commissioner sentenced to prison. In June of 2022, the Johnston County Sheriff’s Office began investigating Commissioner Richard D. Braswell after a young girl and her family reported an “inappropriate interaction with an adult male acquaintance.” According to a very close relative of the victim, Braswell attended church with the victim and would often take her places and buy her things. Appointed in 2021, Braswell was serving as the Johnston County District 3 Commissioner when the alleged incident took place at his office. Following a two-week trial, Braswell was found guilty on Wednesday of taking indecent liberties with a child and was sentenced to prison and to register as a sex offender. Johnston County Commissioners also voted unanimously Wednesday to begin the search for his replacement, and have 60 days from that date to name a new District 3 Commissioner.
Doctor attempts murder in disguise. Thomas Kwan, 53, pled guilty to attempted murder Monday in Newcastle, northern England. Kwan used a complex disguise to administer a still-unidentified toxin in a fake vaccine to his mother’s long-time partner. Authorities say this was in an attempt to prevent the partner from inheriting his mother’s house. Kwan began the plot by sending the victim fake medical letters saying he was eligible for a vaccine administered by a home nursing team. Kwan then arrived at the victim’s home in a vehicle with fake license plates and wearing an elaborate disguise that included a face mask, tinted glasses, and head-to-toe protective clothing. At the home, Kwan had the victim fill out a fake medical questionnaire and then injected the victim with the poison shot. When the victim complained of pain, Kwan reassured him it was normal and left the home. The victim became suspicious when Kwan’s mother commented that the “nurse” was the same height as her son. They sought medical attention and contacted law enforcement upon learning the letters the victim received were falsified. Kwan is being held in custody after his plea and will be sentenced at a later date.
F marks the spot. Ronald Matthews of Isle of Wight, Virginia was arrested in December of 2021 and sentenced to nearly seven years in prison for possession of a firearm and ammunition by a convicted felon. But, before his arrest he buried 383 grams of fentanyl on his property. While he was incarcerated, he let Demetris Daniels move onto his property. Then, in May of 2023 he used the back of a sales invoice to draw a “treasure map” of his property that marked the location of the drugs. According to investigators, he then gave the map to Daniels and instructed him to find the drugs and sell them. Daniels tried to find the drugs but couldn’t, and recruited someone else to help him search. But, before they could try again, law enforcement arrived with a warrant and found the map in a bedroom. Map in hand, officers located the drugs. Matthews pled guilty to conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl, while Daniels pled guilty to being an accessory after the fact to maintaining a drug-involved premises. Both are scheduled for sentencing in spring of next year.
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