Tag Archive for: #mikewaters

Rance Richardson Withdraws Not Guilty Plea in 1st Degree Murder Charge

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Warrenton, NC  – Warren County Criminal Superior Court was held the week of March 6, 2017, with Judge Michael O’Foghludha presiding. The State called the case of Rance Richardson for trial. Mr. Richardson was charged with First Degree Murder in the October 11, 2014, death of Daniel Perez Martinez.

During jury selection, Mr. Richardson withdrew his not guilty plea and entered a plea of guilty to Second Degree Murder and Robbery with a Dangerous Weapon.

Judge O’Foghludha sentenced Richardson to active consecutive sentences of 230 months minimum to 288 months maximum and 55 months minimum to 78 months maximum, to be served in the North Carolina Department of Public Safety, Division of Adult Corrections (DAC).

Mr. Richardson’s co-defendant, Luchano Johnson, was also sentenced during the term. Mr. Johnson pleaded guilty to Second Degree Murder in July 2016, and was also sentenced to an active term of 193 to 244 months in the DAC.

The District Attorney’s Office was represented by Assistant District Attorneys Onica F. Fuller and Melissa D. Pelfrey. The case was investigated by the Warren County Sheriffs Office and Detective David Brown under the direction of Sheriff Johnny M. Williams along with Agents from the North Carolina State Bureau of Investigation.

 

Mike Waters Announces New Assistant District Attorney

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Henderson, NC– District Attorney Mike Waters is pleased to announce the addition of David Erdmann as an Assistant District Attorney.

Mr. Erdmann was sworn in by District Court Judge Carolyn Thompson on Thursday, March 2, 2017. He joins the District Attorney’s staff after four years of practice as a criminal defense attorney in Surry County, North Carolina.

Mr. Erdmann is from Roanoke Rapids, North Carolina, and will relocate to the Ninth Prosecutorial District. He was a 2007 graduate of North Carolina State University, and earned a Juris Doctor from Florida State College of Law in 2011.

Mr. Erdmann also clerked for the Honorable Jose Lopez in the Superior Court of the District of Columbia.

He will be primarily working in Vance County prosecuting narcotics cases.

District Attorney’s Office Comments on Horrific Franklin County Murder

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Louisburg, NC – The District Attorney’s Office was deeply saddened to learn of the tragic death of 35 year old Yesenia Funes Machada on Monday, March 6, 2017. We extend our heartfelt sympathy to the Funes Machada family.

Shortly before 1:00 p.m. on Monday, March 6, 2017, deputies with the Franklin County Sheriffs Office were called to a home located at 90 Morgan Drive in Zebulon, North Carolina. When authorities arrived at the scene, they found the victim deceased. The suspect, her 18 year old son Oliver Mauricio Funes Machada, was taken into custody without incident.

A warrant was issued and served for the arrest of Oliver Mauricio Funes Machada on the charge of First Degree Murder. The Defendant is currently in the custody of the Franklin County Sheriff’s Office and is being held without bond.

The circumstances of this crime are very unusual and horrific. While it is too early to know for sure what the Defendant’s mental state was at the time of the murder, it will be reviewed at the appropriate time and place.

In the meantime, the Franklin County Sheriff’s Office and the District Attorney’s Office will continue to prepare this case for trial. The probable cause hearing in this matter is scheduled for March 14, 2017, and the District Attorney’s Office will prepare the case to be presented to the grand jury on April 3, 2017.

The District Attorney’s Office has been and will continue to work closely with the Franklin County Sheriff’s Office in this ongoing investigation. Anyone with additional information is urged to contact the Franklin County Sheriff’s Office Investigative team at (919) 496-2186.

Michael Waters

Multiple Trials Resolved in Vance County – Office of the DA

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Henderson, NC – Jurors in Vance County Superior Court found Antwon Burt guilty of Battery on an Unborn Child and Simple Assault after hearing one day of testimony. Officers with the Henderson Police Department testified about their 2016 investigation of the defendant. Mr. Burt was sentenced to 210 days in the North Carolina Department of Public Safety, Division of Adult Correction (DAC). That sentence was suspended for 18 months of supervised probation by Judge Henry W. Hight, Jr. Mr. Burt was represented by Deborah Leigh Holtzman and Adam Mincher.

In the second jury trial of the week long session of Superior Court in Vance County, Melvin McDonald was found guilty by a Vance County jury of Resisting a Public Officer and Possession of a Firearm by a Felon. Judge Hight sentenced McDonald to an active sentence of 17 to 30 months in the DAC. McDonald was on probation at the time he was charged by officers with the Henderson Police Department. Judge Hight revoked McDonald’s probationary sentence as well. The defendant was represented by Scott Hamilton.

Maurice Manning plead guilty to Assault Inflicting Serious Bodily Injury. Judge Hight sentenced Manning to a 16 to 29 month sentence that was suspended for 24 months of supervised probation to begin after the defendant had served a portion of his sentence in jail. Detective B. Logue with the Henderson Police Department investigated the case. Mr. Manning was represented by Nick Bagshawe.

Peter Lagattuta plead guilty to Felony Possession of Cocaine. Judge Hight sentenced Lagattuta to a 6 to 17 month sentence that was suspended for 18 months of supervised probation. Officer J. Henderson with the Henderson Police Department charged the defendant. Mr. Lagattuta was represented by J. Paul Stainback.

Arthur Henderson was found guilty of Driving While Impaired and Carrying a Concealed Gun after entering a plea of no contest. Mr. Henderson was given a 60 day sentence that was suspended for 12 months of supervised probation in each of his cases. B. Yarborough who was formerly with the Henderson Police Department charged Mr. Henderson with the gun charge, while Trooper J. Harrah with the NC State Highway Patrol charged Mr. Henderson with Driving While Impaired. The defendant was represented by Michael F. Rogers.

Jonathan Dailey plead guilty to Assault on a Female and was given a 75 day sentence that was suspended for 18 months of supervised probation. J. Aiken with the Vance County Sheriffs Office was the complainant. Defendant was represented by Deborah Leigh Holtzman.

Stanley Bullock, Jr. plead guilty to misdemeanor breaking and entering and misdemeanor larceny. Mr. Bullock was given a 45 day sentence that was suspended for 18 months of supervised probation by Judge Hight. Detective J. Jones with the Vance County Sheriff’s Office investigated the case. The defendant was represented by Dorothy Lewis.

Warren County DUI Case

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WARRENTON, NC— A session of Warren County Criminal Superior Trial Court was held during the week of January 17, 2017, and presided over by the Honorable Michael O’Foghludha. During the week long session the District Attorney’s Office presented the case of State vs. Harold Jay Whitney. Mr. Whitney was represented by attorney Mitch Styers.

Mr. Whitney was charged with Driving While Impaired and Driving Left of Center after being stopped by Troopers Burrell and Settles of the North Carolina State Highway Patrol on May 23, 2014. Both Troopers testified that Mr. Whitney was driving on the wrong side of the road near the intersection of Churchill Road and U.S. 158 in Warren County.

Mr. Whitney was either unable or unwilling to produce a breath sample, so there was no exact determination as to the level of alcohol in his system.

Jurors had to rely on observations and testimony regarding his ability to complete the performance testing conducted by Trooper Burrell. The case was presented to a Warren County Jury by Assistant District Attorney Mark L. Gregory, and the jury returned a guilty verdict.

Mr. Whitney was sentenced to a 30 day active sentence which was suspended for 12 months of unsupervised probation.

(Press Release from the DA)

Clarence Adrian Royster Pleads No Contest After Trial Begins

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Henderson, NC – Clarence Adrian Royster was charged with two counts of Statutory Rape or Sex Offense where the Defendant is greater than or equal to 6 years older than the victim, Indecent Liberties with a Child, Incest with a Child 13, 14 or 15 years of age when the Defendant is greater than or equal to 6 years older than the victim, Contributing to the Delinquency of a Juvenile, and Giving Fortified Wine, Liquor or Mixed Beverage to someone under the age of 21 as a result of a 2013 incident.

On Tuesday, January 3, 2017, a Vance County jury was empaneled and the State began presenting evidence in the cases against Mr. Royster. On Wednesday, January 4, 2017, after testimony from several witnesses, Mr. Royster withdrew his not guilty plea and entered a plea of no contest. Mr. Royster was sentenced to an active term of 240 to 348 months in the North Carolina Department of Public Safety, Division of Adult Correction (DAC) by resident Superior Court Judge Henry W. Hight, Jr. After Mr. Royster is released from the DAC, he must register as a sex offender and will be subject to satellite based monitoring.

The District Attorney’s Office was represented by assistant district attorneys, Melissa D. Pelfrey and Onica F. Fuller.

This case was investigated by officers with the Henderson Police Department and Detective Alan Simmons under the direction of Chief Marcus Barrow.

*This press release was sent via email from the DA’s office to multiple agents of WIZS News.

Daquan Foster sentenced in local Rape Case

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A special setting of Vance County Criminal Superior Court was held Monday, December 19, 2016. The Honorable Robert H. Hobgood Senior Resident Superior Court Judge for Franklin, Granville, Vance, and Warren Counties presided for the term. The Office of District Attorney Mike Waters was represented by Assistant District Attorneys Melissa D. Pelfrey and Onica F. Fuller. The single matter scheduled for hearing was the sentencing of Daquan Keith Foster.

Defendant Daquan Foster was convicted of First Degree Rape on December 4, 2015, before the same judge. The sentencing was continued to allow his attorney, E.N. Bagshawe of Warrenton to put forward evidence in mitigation.

Daquan Foster was sentenced to 239 to 347 months in the North Carolina Department of Public Safety, Division of Adult Correction for a 2013 rape in the City of Henderson. Officers with the Henderson Police Department investigated the case after a citizen reported that the victim came out of the woods reporting that she had been sexually assaulted. Strong police work resulted in an eyewitness identification by the victim and the collection of DNA evidence, both of which were presented by the State during Foster’s trial. It took jurors less than an hour to return a verdict of guilty of First Degree Rape against Foster. The jury also heard evidence concerning aggravating factors that were put forth by the State in an effort to increase Foster’s sentence. Jurors took less than five minutes to decide that the State had proven the aggravating factors based on the victim’s mental and physical infirmities and that she was handicapped. This case was investigated and prepared for trial by Detective Brandon Logue, Detective Jessica West, and patrol officers with the Henderson Police Department.

It’s through the hard work of the Henderson Police Department and their collaboration with our office that convictions like this are made possible. Our office would like to acknowledge the victim for her willingness to participate in this prosecution. Without her courage and the hard work of law enforcement, this would not have been possible.

DA Mike Waters welcomes new Assistant District Attorney

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District Attorney Mike Waters welcomes new Assistant District Attorney Nicole G. Burnette to his office as of December 1, 2016.

Ms. Burnette was born and raised in Chapel Hill, North Carolina. She attended North Carolina State University on a full scholarship, where she double majored in political science and criminology. Ms. Burnette attended the University of Maryland School of Law, and graduated in May 2015, where she was honored with the Litigation and Advocacy Award, as well as the Public Interest Award. While in law school, Ms. Burnette served as a member of the trial team, an Articles Editor for the Journal of Race, Religion, Gender and Class, and served as Vice President for the Black Law Students’ Association.

Ms. Burnette resides in Creedmoor, North Carolina with her husband.