Nearly a third of Americans are arrested by age 23

A UNC Charlotte criminologist is getting national buzz this morning for a new study he led showing nearly a third of all Americans have been arrested by age 23. The study, out today in the journal Pediatrics, is also summarized today by the New York Times in this story.

The study, by UNCC criminal justice professor Robert Brame, shows a significantly higher arrest rate than in 1965, when a similar study was done. It leaves several key questions unanswered, however, including the impact of racial or regional differences. Still, interesting findings.

Why do you think the arrest rates for young adults might be rising?

Officer charged with assault has lengthy suspension record

Officer David Estele Jones III had been suspended five times since he was hired on Sept. 27, 2000.

Earlier today, Charlotte-Mecklenburg Police responded to a freedom of information request for the public parts of Jones' employment record.

Jones is accused of slamming Richard McVicker to the ground after a traffic collision involving the officer's mother. The Observer has reported previously that Jones faced a hefty six-week suspension (240 hours) for an undisclosed incident that happened on March 25, 2010.

The suspension record, which is public information, shows the date and severity of each suspension, but it doesn't detail why Jones was punished, or if he had been accused of violent acts in the past.

In addition to the six-week suspension, Jones was also suspended without pay for a week (40 hours) on August 5, 2004. In February, 2006, he was given a probation-like suspension for one day, which would not be activated unless he got into trouble with the department again. That suspension was activated six months later when he appears to have had another departmental infraction.

During two of his suspensions, Jones was required to undergo some type of counseling. --Cleve R. Wootson Jr.

Officer charged with assault had been suspended for 6 weeks

We know that Officer David Estele Jones III was given a hefty suspension in April 2010. What we don’t know is why.

Jones is the officer accused of slamming Richard McVicker to the ground after a traffic collision involving the officer’s mother. Jones first court appearance was today in court, but his lawyer, George Laughrun, showed up on his behalf.

McVicker, who said he had "a few beers" before the collision and was charged with driving while impaired, told me yesterday that Jones’ mother took his license when he asked if she was OK following the collision.

McVicker says he rapped on the woman’s window, trying to get it back. Jones’ lawyer used the word “banged.”

Earlier today, we reported that Jones had been suspended by the Charlotte-Mecklenburg Police department three times since he’d been hired a decade ago. We got the information via a public records request.

About a year ago, the Charlotte Observer requested detailed information about suspensions from the city and the police department. A new state law had made public for the first time information about a public employee’s suspensions, demotions, and dismissals.

The list we received from the city had hundreds of suspensions on them, most for small amounts of time. But a few officers, like Jones, had multiple suspensions or suspensions of a week or more.

Gov. Bev Perdue has said the personnel law – which was passed as part of a series of ethics reforms – was designed to increase accountability in government.

But in this case, it appears to have provided more questions than answers, as readers have asked the same question – why was Jones suspended?

We’ve asked city and police officials for more information on Jones’ suspensions. We’ll share their response when we get it.

Police seeing more protests in Charlotte

City leaders expect droves of protesters to descend on the Queen City when the Democratic National Convention hits Charlotte next September, but police say they've already seen an increased number of sign-bearing malcontents.

Police Chief Rodney Monroe told the Observer the city is "seeing a demonstration every other day." He spoke to reporters at the unveiling of a new mobile crime scene unit on Tuesday.

Occupy Charlotte protesters remain camped out in front of the old city hall building, which is located across the street from police headquarters. Someone has put metal barricades around the fallen officer's memorial, apparently to keep protesters from disturbing it.

On November 16, eight protesters were arrested after climbing the flag pole in front of Bank of America headquarters on Tryon Street and unfurling a sign that said "Not with our money." Monroe said that group is from California and "they brought their whole network here."

A few moments after Monroe spoke, a half dozen protesters -- including a child sitting on a man's shoulders holding a cardboard sign that had been scribbled on with purple crayon -- began walking up Trade Street, toward the Square, chanting slogans. -- Cleve R. Wootson Jr.

Murder case involving teen highlights juvenile system's process

It's not often that a juvenile delinquency hearing receives widespread attention, but on Monday, local eyes will be on the Mecklenburg courtroom where a 15-year-old accused of killing his father and stepmother will learn whether he'll be prosecuted as an adult.

During a recent seminar for local court and media representatives, Chief District Court Judge Lisa Bell led a discussion about the juvenile court system, which differs significantly from adult court in its procedures.

The laws that govern juvenile hearings are outlined in the N.C. General Statutes in Chapter 7B, which is known as the “Juvenile Code.”

The seminar came a month after a 15-year-old called 911 and said he’d shot his father and stepmother, police said. When officers arrived at the teen’s southwest Mecklenburg home, they found 43-year-old Christian Hans Liewald, and his 24-year-old wife, Cassie Meghan Buckaloo, dead. The teen now faces two counts of first-degree murder.

If someone younger than age 16 is accused of a crime, he is sent to juvenile court. But if he is accused of a felony and is at least 13 years old, he’s eligible to be tried as an adult, according to law.

Some differences between juvenile and adult courts are as simple as the legal terminology used. For example, juveniles are “adjudicated delinquent” when they’re found guilty of a crime rather than “convicted.”

But cases that begin in juvenile court don’t necessarily end there.

Prosecution as an adult or juvenile?

The teen accused of killing his father and stepmother is scheduled to appear in juvenile court Monday for a probable cause hearing, where prosecutors will try to convince a judge that there is probable cause the teen committed the crimes and that the killings were first-degree murders. If the judge agrees, the case will automatically be transferred to Superior Court, and the teen will be prosecuted as an adult.

But if the judge finds that the evidence presented supports lesser charges of second-degree murder or manslaughter, the judge will decide whether he should be prosecuted as a juvenile or an adult.

If prosecuted as an adult, the teen could spend the rest of his life in prison.

He isn’t eligible for the death penalty. In 2005, the Supreme Court ruled that it’s unconstitutional to impose the death penalty on someone who committed a capital offense when he was younger than 18.

In a previous Mecklenburg juvenile court hearing, prosecutors have said Liewald and Buckaloo were killed in an “ambush attack” in which the teen planned to kill his father so he could run away to Mexico. But the teen’s attorney has said he is a battered child who experienced physical abuse since infancy.

The teen has been in a juvenile detention facility since he was taken into custody. No bail or bond is set in juvenile cases, but detention hearings are typically held every 10 days when a juvenile is being held in custody. If the case is transferred to adult court, then a bond will be set.

Open or closed hearings?

Another legal issue that has arisen in the case is that of openness.

At the teen’s first court appearance in September, his attorney made a motion to close the courtroom to everyone but family, arguing that making the case public could affect the teen's mental health and damage his reputation and future.

Although the courts take precautions to protect the confidentiality of juveniles, delinquency cases are presumed open to the public.

To close a juvenile delinquency hearing, the court must evaluate the circumstances of the case and find “good cause” for the closure, according to state law.

The five factors examined are:

1) The nature of the allegations against the juvenile. (Is the child accused of a misdemeanor or a serious offense, such as murder?)

2) The juvenile’s age and maturity. (Is the juvenile a 9-year-old or a 15-year-old? Does the child have a developmental disability?)

3) The benefit to the juvenile of confidentiality. (How could an open hearing affect the juvenile now or in the future?)

4) The benefit to the public of an open hearing.

5) The extent to which an open hearing will compromise the confidentiality of the juvenile’s file. (Are private medical or mental health records likely to be revealed?)

State law prohibits authorities from disclosing the juvenile’s identity. But that law does not apply to the media. Although the name of teen accused of killing Liewald and Buckaloo has been widely reported, police have not publicly identified him. The Observer has not named him because the case remains in juvenile court.

Media representatives objected to the motion to close the hearing, and Observer attorney Jon Buchan addressed the court. He pointed out that the accused teen is 15, not far from the age at which he’d be tried as an adult.

A judge denied the motion to close the hearing, saying that the teen is facing serious charges and that his confidentiality is no longer an issue because of widespread media coverage.

The teen's attorney or prosecutors could ask for future hearings in juvenile court to be closed.

Check the Charlotte Observer on Monday for updates from the hearing.

--Meghan Cooke

Read District Attorney's statement on guilty plea

District Attorney Jay Gaither spoke to the press immediately following Elisa Baker's guilty plea.

Baker, 43, was sentenced to 15 to 18 years in prison after pleading guilty to second-degree murder in the death of her stepdaughter Zahra Baker. Elisa Baker also pled guilty to obstruction of justice, bigamy, four counts of obtaining property through false pretenses, and two counts of identity fraud.

Talking to the media, Gaither recounted how his investigative team handled the case. He read a statement documenting some of his thought process and the work of his team starting from Oct. 9 when Zahra was reported missing up to the decision to enter into a plea agreement with defense attorneys.

Read the full statement here.

"On Sunday, October 24th I met with defense counsel to determine under what terms Elisa Baker was willing to give cooperation and to determine exactly what information she professed to have.   When I learned that Elisa Baker could give us the location of Zahra Baker’s remains and that she could give us details of how Zahra died, my heart sank.  Throughout the search I had been of the same opinion as Chief Adkins… that we were investigating a homicide.  But along with the community and law enforcement, I had continued to hold out hope that Zahra was still alive."

-- District Attorney Jay Gaither

Video: "Beyond Scared Straight" comes to Mecklenburg jail

Tonight, the Mecklenburg County Sheriff's juvenile crime intervention program will take the national spotlight with the season premiere of "Beyond Scared Straight" on A&E.

The TV series will highlight the county's Reality Program, which gives at-risk youth a glimpse of what it's like in Mecklenburg jail.

For a sneak peak, click here to watch a clip from the episode. The video shows the jail's Direct Action Response Team (DART), which is trained to remove unruly inmates from their cells.

To read more about the program and the show, click here.

The episode, which was filmed at Mecklenburg jail in June, airs at 10 p.m.

-Meghan Cooke

An inmate intimidates 15-year-old Jeiza during the Reality Program at the Mecklenburg jail. At right, in the red jail uniform, is Sabrina Ann Black, a 26-year-old awaiting trial on a murder charge. Photo courtesy of Arnold Shapiro Productions.