Articles Posted in MS Criminal Laws

According to WLBT, a high school graduation party at the Mount Olive Community Center took a tragic turn when two teenagers were shot. One victim sustained gunshot wounds to the hand, arm, and leg, while the other was shot in the stomach. Although one victim has been released from the hospital, the other remains in critical condition. The immediate response from the Covington County Sheriff’s Office led to the identification of potential witnesses, who provided vital information about the suspected shooter. Based on the information provided by witnesses, Javion Carney was arrested in Collins. In addition to being charged with attempted murder, aggravated assault, and possession of a firearm by a convicted felon, Carney also faced an additional hold from the Mississippi Department of Corrections for a prior case in Gulfport. The eighteen-year-old appeared in Covington County Justice Court for his initial hearing. Judge John Laz Sanford made the crucial decision to deny Carney’s bond, considering the severity of the charges brought against him, which include attempted murder, aggravated assault, and possession of a firearm by a convicted felon. In denying the bond, the Court is saying Carney poses a continued threat to the public.

Bails & Their Denial in Mississippi

In Mississippi, the definition of “bail” is found under Miss. Code Ann. § 83-39-1. In this context, it means the use of money, property, or other security to release a defendant from custody and secure his appearance in criminal court proceedings. Bail bonds in Mississippi may not be excessive, and they may also be revoked or denied. The law governing denials is found in the Mississippi Constitution Art. 3, § 29. If someone is charged with committing any offense punishable by death or life imprisonment, they may be held without granting bail. If that person is arrested for a felony committed while on felony bail, the court revokes their bail, ordering the individual to be detained. It should be noted that “felony” under this bail statute means any offense punishable by death, life imprisonment, or imprisonment for more than five years under the laws of the jurisdiction in which the crime is committed. 

TikTok No Kia’s or Hyundais on Your Block:

A viral TikTok trend exposing gaps in security has led to a surge in car thefts involving specific models of Hyundai and Kia vehicles. In response to the alarming trend, Hyundai and Kia have developed theft deterrent software and are offering it free to millions of vehicle owners. Additionally, the companies are collaborating with law enforcement agencies and providing steering wheel locks to enhance vehicle protection. This blog post delves into the impact of the TikTok security challenge, the measures taken by Hyundai and Kia, and the broader implications for car manufacturers, consumers, and car thieves.

The TikTok Challenge:

Arson is a serious offense in Mississippi, and you can expect stiff penalties if you are convicted of this crime. But your penalties depend on various factors, including the judge’s approach to your case. Some judges act in a predictable manner, while others make decisions that seem to go against patterns set by past arson cases. Such was the case when a Walmart arsonist received double the recommended sentence in Mississippi. 

But why did this arsonist receive a sentence that was so different from the recommendations of the prosecutors? What made this judge act in such an unpredictable manner? At the end of the day, this is simply the unpredictable nature of the justice system. Sometimes, things just do not turn out the way we expect them to. On the other hand, all defendants can pursue more predictable and positive results by working with qualified, experienced criminal defense attorneys in Mississippi. 

Arsonist Gets 18 Years in Federal Prison for String of Targeted Walmart Attacks

According to WLBT, the Jones County Sheriff’s Department (JCSD) arrested a woman for having sexual intercourse with a dog. It is reported that the dog was her own “service dog”. The action was videoed and posted to social media to which a concerned citizen reported it. The woman claims that although she is paid to video her sexual intercourse, she was coerced into making the video with her dog, against her will. She was charged with unnatural intercourse and aggravated cruelty to an animal, with a $25,000 bond and ordered to stay away from animals. JCSD states they have several videos that are too graphic to share or discuss, and some were made in other counties with separate charges to follow. The dogs have been seized and under medical treatment. 

What is unnatural intercourse and aggravated cruelty?

Unnatural intercourse can be defined as any sexual intercourse that is not penile-vaginal. Aggravated cruelty to animals occurs when a person with malice, intentionally tortures, mutilates, maims, burns, starves or disfigures any domesticated dog or cat. 

A student at St. Olaf College in Minnesota, Waylon Kurts, was charged with conspiracy to commit second-degree assault and conspiracy to commit threats of violence, among other charges. According to the charges, the items found in Kurts’ dorm room included a tactical vest, empty boxes for ammunition and magazines, a tactical knife, a folding knife, firearm earmuffs, six propane canisters, fireworks, lighter fluid, a battery with wires and a lock pick set. The Star Tribune reported that police also confiscated notebooks with writings that included a plot to steal ammunition from a retailer, police radio frequencies, and a hand-drawn map of the recreational facility on campus. The map included an arrow indicating a travel route and apparent exit path, the charges said. 

Kurts’ attorney, Paul Rogosheske, said Kurts “has some things that look funny,” but said there is nothing that poses a threat to anyone. Rogosheske said his client is a hunter who shoots a lot, and noted there were no guns or ammunition taken from Kurts’ room or vehicle. He said Kurts drew the map for someone else. Northfield Police Chief Mark Elliot said authorities are trying to determine what, if anything, Kurts had in mind. St. Olaf officials said they became suspicious of Kurts when a custodian saw two empty packages for high-capacity magazines in a garbage can. The college then reached out to officers at the Northfield Police Department to report items “connected to potential acts of violence” found in the student’s dorm room. The student was arrested a day later on suspicion of threats of violence. 

The criminal complaint also notes that, outside of the items found in Kurts’ room and vehicle, they also found texts between him and someone about buying a gun from unlicensed sellers. Kurts had also texted photos of a box filled with rifle magazines on a bench with the words “Kids’ve got no idea whats in here.” Further, some of the notes in Kurts’ vehicle allegedly said “combat is much faster and closer than you think” and “the average door takes 2.5 kicks”. The notes also contained training directions for where to shoot a person on their body. 

According to WLBT, a Mississippi teenager has pleaded guilty to murder after the death of a 13-year-old boy. On June 27, 2021, the 13-year-old was intentionally set on fire behind a shop in Coldwater, Mississippi. He was rushed to Le Bonheur Children’s Hospital and later flown to Little Rock, where he died from his injuries. 

Campbell, also 13 at the time, was tried as an adult in this case. He was originally indicted for capital murder, but now, two years later, he has plead guilty to a lesser offense of second-degree murder. He was sentenced to 20 years in prison to be followed by an additional 20 years of supervised probation for a total of 40 years under the Mississippi Department of Corrections.

Trying Juveniles as Adults in Mississippi:

According to an arrest report, a woman from Florida is facing charges of aggravated child neglect and arson after her car caught fire while she was allegedly shoplifting at a central Florida mall.

The incident occurred on May 26, 2023 at Oviedo Mall, where Alicia Moore, 24, parked her car in a parking lot outside a Dillard’s department store. The arrest report, filed by the Oviedo Police Department, stated that Moore left children inside the vehicle. The names and ages of the children were redacted, but it was reported that two youngsters were present.

Security personnel at the mall witnessed Moore and an unidentified man shoplifting at Dillard’s. After approximately an hour, Moore noticed her car engulfed in flames as she was leaving the store. She dropped the stolen merchandise and fled the scene.

According to Action News 5, the Olive Branch, Mississippi Police Department has alarmed its residents to be on guard against phone calls from individuals posing as representatives of the City of Hernando Police Department. These impersonators employ tactics designed to deceive unsuspecting victims into believing that they have outstanding warrants or fines that require immediate payment. The Olive Branch Police Department advises against providing any personal information or making any payments in response to such calls, as legitimate law enforcement agencies do not make financial requests over the phone.

Financial Scams and Identity Theft Risks

The impersonation of law enforcement officers for financial gain is a particularly concerning form of fraud. Scammers exploit the trust and authority associated with the police to coerce individuals into providing sensitive personal information or making payments under false pretenses. Victims of these scams can suffer significant financial losses, and their identities may be compromised, leading to further harm. It is crucial to be aware of these risks and to exercise caution when engaging with anyone claiming to be a law enforcement representative.

The appeals process can be a complex and lengthy legal process. It involves asking a higher court to review the lower court’s verdict and determine if there were any legal errors made during the initial trial that could have impacted the outcome of the case.

To start the appeals process, the defendant must file a notice of appeal within a specific timeframe (usually 30 days) of the lower court’s judgment. This notice secures the right to appeal and initiates the process of assembling the trial record, which includes all the relevant documents, transcripts, and exhibits from the initial trial. This record is important because it provides the appellate court with a complete understanding of the events that took place during the trial.

Once the trial record has been assembled, the defendant’s lawyer will review it and identify any potential errors that occurred during the trial that may have impacted the verdict. Common grounds for appeal may include:

According to WLBT-TV, a Mississippi State Patrol trooper is currently under investigation in Calhoun County, Mississippi for the alleged killing of his neighbor’s dog. The neighbors are accusing the trooper of shooting and ultimately killing their 9-year-old dog. It has been reported that the trooper is currently on administrative leave without pay pending the outcome of the investigation. According to investigators, the trooper has since been charged with aggravated cruelty to an animal, specifically a dog. 

How Does Mississippi Define Aggravated Cruelty to a Dog?

The Mississippi legislature enacted the “Mississippi Dog and Cat Pet Protection Law of 2011” to provide for the protection of domesticated dogs and cats which serve as the loyal and beloved pets citizens of the state of Mississippi. Under this law, if a person intentionally tortures, mutilates, maims, burns, starves to death, crushes, disfigures, drowns, suffocates, or impales any domesticated dog or cat, or causes another person to do the same, then he or she will be guilty of the offense of aggravated cruelty to a domesticated dog or cat. 

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