Tag Archive for: #DAMIKEWATERS

Mike Waters

Statewide DWI Report Reveals High Marks for Eleventh Prosecutorial District

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— press release — 

The 11th Prosecutorial District (Vance, Granville, Franklin, Warren and Person Counties) successfully  prosecuted more Driving While Impaired (DWI) cases per capita than all districts but one in the past year according to a recent report.

On July 28, 2022, the North Carolina Sentencing and Policy Advisory Commission released a report analyzing Driving While Impaired (DWI) convictions and sentencing across the state during fiscal year 2021 (July 1, 2020, through June 30, 2021). The report found the 11th Prosecutorial District secured the greatest number of DWI convictions by population, 6 per every 1,000 adults, and the second highest total number of convictions, with 1,143, of any district in North Carolina.

“Prosecuting those who drive while impaired is one of our most important jobs in the 11th Prosecutorial District because it keeps everyone in our community safer,” said District Attorney Mike Waters. “That is why we continued prosecuting DWIs throughout the pandemic. I am proud of the work my team, together with the Clerks and Judges, has done to remove intoxicated drivers from our roads. This is the second year in a row that our district has been tied with another district at the top of the list for prosecuting DWIs.”

The complete Sentencing and Policy Advisory Commission Driving While Impaired Convictions Statistical Report for Fiscal Year 2021 and for previous fiscal years can be found at https://www.nccourts.gov/documents/publications/dwi-convictions-statistical-reports.

Mike Waters

Vance & Granville Disposition Court Canceled Dec. 17-18

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(NOTE: THE TEXT OF THE DISTRICT ATTORNEY’S INFORMATION PROVIDED BELOW FROM THURSDAY (12-10-20) IS NOT CHANGED.  HOWEVER, THIS UPDATE FROM FRIDAY (12-11-20) FROM THE VANCE COUNTY CLERK OF COURT AND INFORMATION FROM OTHER JUDGES MEANS THE COURTS AND DWI DEFENDENT PROCEDINGS ARE ALL CANCELED NOW.)

UPDATE 12-11-20 at 4:45pm

From the Clerk of Court in Vance County, the Hon. Henry L. Gupton, the DWIs are cancelled as well.

Gupton said, “After talking with our judges per notification we have received from AOC in Raleigh, beginning on Monday, December 14th and continuing for 30 days, all of our District Court Sessions have been cancelled. However, we will be conducting 96 hr, 48 hr hearings and any other statutory cases that need to be heard. All defendants will be notified in reference to a new court date. Also we have Superior Court scheduled for next week beginning on Monday.  However Monday is cancelled.  We are going to leave Tuesday, Wednesday and Thursday open right now to determine if we will proceed with those days.  We do have our Grand Jury scheduled to convene on Wednesday.  That will go on as scheduled. Also, we will be holding our Small Claims Court session as scheduled.”

Updated 12-10-20

-Information courtesy the Office of District Attorney Michael D. Waters

After careful consideration, Vance and Granville County court officials have decided to cancel the office hours portion of Vance Disposition Court on Thursday, December 17, 2020, and Granville Disposition Court on Friday, December 18, 2020.

Defendants with DWI charges set for those days will still need to appear on their court date.

We feel that having a large group of people gather, even while social distancing and wearing masks, is unwise given the rising numbers of community spread COVID–19 cases in Vance and Granville counties.

If you have a court case that is NOT a DWI on one of those two dates, your case will be continued.

Mike Waters

Man Who Struck Trooper With Vehicle Sentenced in Superior Trial Court

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-Press Release, Office of District Attorney Michael D. Waters

During the October 5, 2020, session of Vance County Criminal Superior Trial Court, with Superior Court Judge John M. Dunlow presiding, Justin Venable entered a plea of guilty to DWI, Felony Hit and Run with Serious Injury, and Felony Failure to Move Over Causing Serious Injury.

Mr. Venable received an active sentence of 12 months in the North Carolina Department of Public Safety, Division of Adult Correction (DAC), followed by 16 to 29 months, and 6 to 17 months of supervised probation, suspended for 36 months. 

On October 22, 2019, Trooper Craig Hundley with the North Carolina State Highway Patrol (NCSHP) was conducting a routine traffic stop in Vance County when he was struck by a vehicle. Thanks to the quick actions of the citizen who Trooper Hundley had pulled over, and of Trooper Eugene Burrell, the defendant‘s vehicle was identified.

Trooper Burrell was able to stop the defendant and found he was impaired by alcohol. The defendant, identified as Justin O. Venable, was taken into custody and charged with DWI, Felony Hit and Run with Serious Injury, Reckless Driving, and Felony Failure to Move Over Causing Serious Injury.

This was a harrowing experience for Trooper Hundley who was airlifted to the hospital and has suffered life–changing injuries that may not allow him to return to his position as a Trooper with the NCSHP. It is our continued hope that Trooper Hundley achieves a full recovery. 

This case was resolved by Assistant District Attorney Stormy Ellis from the Vance County office of District Attorney Mike Waters.

Roxboro Police Department

Video Footage, Seized Shotgun to be Analyzed in Officer-Involved Shooting of David Brooks, Jr.

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-Press Release, Office of Michael D. Waters, District Attorney for the Eleventh Prosecutorial District

On Wednesday, July 29, 2020, District Attorney Michael D. Waters and Assistant District Attorney Hollie Y. McAdams appeared in chambers before the Honorable Cynthia K. Sturges, Resident Superior Court Judge of the Ninth Judicial District. The District Attorney‘s Office asked the Court to release the dash camera footage of the July 24, 2020, officer-involved shooting which lead to the death of David Brooks, Jr.

The family of David Brooks, Jr. and Chief David Hess of the Roxboro Police Department both consented to the release of the video footage and Judge Sturges signed an Order to that effect. 

This video footage along with a shotgun seized from the scene as evidence by the North Carolina State Bureau of Investigation (SBI), will be sent to the North Carolina State Crime Lab for further analysis. This forensic testing may take several weeks to complete. 

If you witnessed the incident on July 24, 2020, involving the Roxboro Police Department, and you have not been interviewed yet, please call the SBI at (919) 779–8188 during business hours (Monday through Friday, 8 a.m. – 5 p.m.). After hours and on weekends, please call 1–800–334–3000. 

The District Attorney‘s Office will await the results of the complete SBI investigation before making any determination about whether the use of force was appropriate.

Vance Co. Middle School SRO Publicly Identified, Charged With Misdemeanors

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In a press conference held at the Vance County Courthouse earlier today, District Attorney Mike Waters announced the former school resource officer involved in last week’s assault on a Vance County Middle School student faces misdemeanor charges.

The officer, identified as Warren Durham of Warren County, is charged with misdemeanor assault on a child under 12, misdemeanor child abuse and willful failure to discharge his duties. All three charges carry a maximum penalty of 120 days in jail, according to Waters.

Fired from the Vance County Sheriff’s Office on Monday, Durham avoided felony charges due to the lack of serious bodily injury sustained by the student. Waters said while he was thankful that the child was not seriously harmed, the lack of injury limited the nature of the charges under current NC law.

In a video capturing the December 12 incident, Durham and the student can be seen walking down the school’s hallway. The deputy then turns to the student, picks him up, drops him to the ground and then repeats the process before dragging him down the hallway.

Waters said that he discussed the charges with the student’s family prior to the press conference and is aware that they are “disappointed and frustrated that this is not a felony case.”

When asked what led up to the assault, Waters said he did not know, and it did not matter. “I don’t think that there’s any kind of training or anything like that that would lead someone to act in that way with an 11-year-old.”

Vance County Schools Superintendent Dr. Anthony Jackson addressed the community and the media in a separate press conference held yesterday, referring to the incident as an “unacceptable and egregious act.”

“As a school system, as an administrator, as a district, we are disappointed; as a community we are embarrassed. Most of all, we want to express our apologies to our community that this has occurred. We are better than this. This child deserved better than this. No child deserves to be treated in this manner.”

Jackson stated that the school system is providing support to the school, the student and his family and is modifying its agreement with the Vance County Sheriff’s Office in order to review all protocols and procedures moving forward.

District Attorney Waters Addresses Granville Sheriff Investigation

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-Press Release, Office of District Attorney Michael D. Waters

Statement of District Attorney Michael D. Waters 

As reported, the Grand Jury of Granville County returned indictments on Monday, September 16, 2019, against Sheriff Brindell Wilkins for felony obstruction of justice. The investigation that led to these indictments has been led by Wake County District Attorney Lorrin Freeman at my request, beginning in November of 2018. My request of Ms. Freeman came following conversations with the State Bureau of Investigation and Ms. Freeman, with the intent of avoiding any conflict that may arise by my being involved in this matter as a witness. 

In 2014, while I was still in private practice, a client provided to me a recording that I immediately turned over to investigators with the Federal Bureau of Investigation, and subsequently provided to the State Bureau of Investigation.

At all times since then, I have cooperated with investigators, and once Ms. Freeman opened a criminal investigation, have urged that this matter be given investigative priority. I understand it is a matter of great importance to the people of Granville County, and it has been a point of frustration that the investigative process has not been more expeditious. 

As District Attorney for Granville County, I am concerned with the allegations set forth in the indictments against Sheriff Wilkins. Any allegations of wrongdoing by law enforcement are troubling, especially when they involve the elected Sheriff in whom the community has placed its trust. The justice system must be fair and impartial. No one is above the law. 

Over the next few months, my office will continue to aid the ongoing investigation as requested, while we continue to do our daily work of protecting victims, prosecuting those who violate the law, and seeing that justice is administered.

DA Waters: 16 & 17-Year-Olds to be Tried as Juveniles Effective Dec. 1

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District Attorney Mike Waters was on Monday’s edition of WIZS’ Town Talk program to discuss the “Raise the Age” Initiative, an NC Legislature-passed law that will raise the age of juvenile jurisdiction for nonviolent crimes to age 18 effective December 1, 2019.

According to Waters, this change will significantly increase the juvenile court workload as the majority of 16 and 17-year-olds, currently tried automatically as adults in NC, will be tried as juveniles when the law goes into effect.

Under the new law, exceptions exist for 16 and 17-year-olds who commit felonies that are classified as A-D – including murder, robbery and burglary – in addition to DWI and other traffic offenses, firearm charges and gang-related offenses.

“North Carolina is one of the last two states in the nation to charge 16-year-olds as adults,” said Waters. “I want to reassure the public that, under the new law, the DA’s office will have the discretion to prosecute juveniles that commit serious crimes as adults.”

Waters also explained that, as of December 1, a 16 or 17-year-old convicted of a serious crime will fall under the “once an adult, always an adult” adage; once tried as an adult, any subsequent convictions will be tried as an adult as well.

As for the reason behind raising the age limit for juvenile prosecutions, Waters said research and statistics make a compelling case.

“Research shows that many 16 and 17-year-olds that get involved in the court system may not get involved with it again. Tracking someone forever and giving them a record at a young age creates a certain outcome. Also, 16 and 17-year-olds are not thinking the same way that 18, 19 and 21-year-olds are thinking.”

While juvenile court often results in some form of punishment, Waters said the primary purpose is “therapeutic” in nature. “In juvenile court, you’re trying to get the juvenile on the straight and narrow so they do not have to come back [into the court system].”

Waters and other district attorneys across NC will be asking state legislators for additional assistant district attorneys and support staff to help with the expected increase to the juvenile court workload.

“The NC Conference of District Attorneys will be asking the legislature for 54 additional assistant district attorneys across the state with the expectation that we will have one of those in our district,” Waters said.

Waters and his office serve Vance, Granville, Franklin, Warren and Person counties. This five-county area compromises the 9th Judicial and the 11th Prosecutorial districts in North Carolina.

To hear the Town Talk interview with DA Mike Waters in its entirety, click here.

Vance Co. Criminal Superior Trial Court Returns Guilty Verdicts

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-Press Release, Office of District Attorney Michael D. Waters

Henderson, NC – A session of Vance County Criminal Superior Trial Court was held during the week of June 11, 2018. The Honorable Henry W. Hight, Jr, Senior Resident Superior Court Judge, presided over the session. The District Attorney’s Office was represented by District Attorney Michael D. Waters and Assistant District Attorneys Melissa D. Pelfrey, Nicole G. Louis and David J. Erdmann. In addition to one jury trial, several pleas were taken during the week-long session.

The case involving the 2007 murder of Leo Ziegler and the attempted murder of Shirley Venable was called for trial Tuesday morning. A Vance County Jury returned guilty verdicts against Rodney Williams Wednesday afternoon. Rodney Williams was sentenced to 480 to 585 months in the North Carolina Department of Public Safety, Division of Adult Correction (DAC), for Attempted Murder and Life without parole in DAC for the First Degree Murder. The defendant was represented by Larry Norman. The case was investigated by the Vance County Sheriff’s Office.

Rashawn Williams pleaded guilty to First Degree Sexual Exploitation of a Minor and was sentenced to 60 to 132 months in DAC. The defendant was represented by Nathan Baskerville. The case was investigated by the Henderson Police Department.

Akeem Alston pleaded guilty to two counts of Possession with Intent to Sell/ Deliver Heroin and was sentenced to 8 to 19 months in DAC. The defendant was represented by Jerry Stainback. The case was investigated by the Vance County Sheriff’s Office.

Altarik Alston pleaded guilty to possession of a controlled substance on jail property and was sentenced to 9 to 20 months in DAC. The defendant was represented by Jerry Stainback. The case was investigated by the Vance County Sheriff’s Office.

Shaqiel Clark remanded a DWI conviction, accepting a 30-day active sentence suspended for 12 months of unsupervised probation. The defendant was represented by Scott Hamilton. The case was charged by the NC State Highway Patrol.

Germar Dunston pleaded guilty to possession of 1/2 to 1 1/2 ounces of marijuana, and was sentenced to 120 days active, suspended for 18 months of supervised probation. The defendant was represented by Scott Hamilton. The case was charged by NC ALE.

Samantha Huggins pleaded guilty to possession of a schedule I controlled substance and was sentenced to 6 to 17 months in DAC. The defendant was represented by Deborah Leigh Holtzmann. The case was investigated by the Vance County Sheriff’s Office.

Timothy Lynch pleaded guilty to driving while impaired and was sentenced to 12 months in DAC. The Defendant was represented by Mike Rogers. The case was charged by the NC State Highway Patrol.

Travevon Fogg pleaded guilty to Obtaining Property by False Pretense. He was sentenced to 17 months active, which was suspended for 36 months of supervised probation. The defendant was represented by David Waters. The case was investigated by the Vance County Sheriff’s Office.

Press Release on Tommy Ellington’s Murder

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— press release

HENDERSON, NC – On Monday, April 16, 2018, the Vance County Grand Jury returned true bills of indictment against Kevin Burton Munn for Breaking and/or Entering, Felony Larceny, First Degree Murder and Robbery With a Dangerous Weapon in the death of Vance County businessman James Thomas Ellington, Jr. Mr. Munn is also charged with First Degree Murder in the death of Nancy Alford of Lake Gaston on March 9, 2018. These investigations are ongoing, and Mr. Munn is presumed innocent until, and unless proven guilty.

True Bill of Indictment Returned for Ellington Murder

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True Bill of Indictment Returned for Ellington Murder

A grand jury returned a true bill of indictment for Kevin Burton Munn with 1st degree murder listed as one of the offenses.  The indictment is dated April 16, 2018.

Jurors for the State of North Carolina presented that on or about October 2, 2017 in Vance County the defendant unlawfully, willfully and feloniously did of malice aforethought did kill and murder James Thomas Ellington, Jr.

Munn is listed as a white male born in 1987.

A second offense listed was for robbery with dangerous weapon.  Jurors presented that on or about October 2, 2017 in Vance County the defendant unlawfully, willfully and feloniously did steal, take, and carry away another’s personal property, the wallet and keys of James Thomas Ellington, Jr., of the value of $75, from the presence of Ellington.  The defendant committed this act having in possession and with the use and threatened use of firearm, a shotgun, wherby the life of Ellington was endangered and threatened.

A second true bill of indictment for Kevin Burton Munn was also returned dated April 16, 2018.  The offenses listed include break and/or enter and felony larceny.

Jurors presented that on or about September 11, 2017 in Vance County the defendant unlawfully, willfully and feloniously did break and enter a building occupied by James Thomas and Cheryl Ellington used as a residence located on Stewart Farm Road, Henderson, NC with the intent to commit a felony therein.

Jurors presented also that on or about September 11, 2017 in Vance County the defendant unlawfully, willfully and feloniously did steal, take and carry away purse, wallet and contents the personal property of Cheryl Ellington, such property having a value of $1,500.00.

The investigation is ongoing.

In an earlier and separate report listed on wizs.com and in other media, an order for arrest was issued (click here) for Kevin Munn, where he is accused in the death of Nancy Alford, with the incident having occurred in Warren County.

Defendants are presumed innocent until determined otherwise in a court of law.