Two Accounts of Excessive Force Caught on Camera

Houston, TX -- (ReleaseWire) -- 08/17/2016 -- A recent surveillance video obtained by news outlet Houston ABC13, reveals an incident that took place in the Houston Police Department's drunk-tank cell on March 30, 2016.  The video, which the Harris County District Attorney's Office states is currently under review by civil rights prosecutors, is the second surveillance video capturing an allegedly violent encounter between a Houston police officer and a suspect being held in the drunk tank. 

The first video in question shows an incident that took place in December 2014, when a man named Reuben Williams was arrested for alleged drunk driving, and following a struggle with the officers detaining him, sustained a head injury.  At this time, both the Houston Police Department and Mayor Sylvester Turner have declined to comment on this video. 

The second, more recent video documents an altercation between 43 year old Sharon Graves, who had been arrested for driving while intoxicated and had refused to submit a breath sample at the time of her arrest, and a Houston Police Department officer who remains unidentified at this time.  In the surveillance footage, Graves is shown to stand up from her seat after receiving a "no-refusal" warrant issued by a judge requiring her to submit to have her blood alcohol level tested. 

Graves questioned the legitimacy of the paperwork, standing from her seat and attempting to exit the room while allegedly reaching for the cell phone in her back pocket.  Graves swings her elbow, which strikes the officer on the cheek.  The officer pushes Graves into the seat, punches her with a balled fist, which knocks her to the floor, and puts her hands behind her back and into handcuffs before returning her to the chair.  At this point, other HPD staff enter the room. 

At this time, the officer involved has not been charged with a crime and has not been named to the public.  An announcement made by Houston City Hall states that he has been placed on administrative leave.  Mayor Turner said he expects the Houston Police Department to scrutinize the tape very carefully to make sure the officer acted correctly.  A spokesman for the District Attorney stated that their office is examining the case closely and that the case will most likely appear before a grand jury, where 12 citizens will be able to decide if the officer will be indicted or no-billed.

Sharon Graves had no prior criminal history when she was arrested, and faces either a Class A or Class B misdemeanor DWI charge for her initial arrest. If convicted, Graves faces a fine of up to $4,000, a sentence of up to 1 year, and a possible license suspension of up to 4 years with the possibility of enhancements if her BAC is over .15 (source: http://www.hillcriminaldefense.com/dwi-lawyer/).

For allegedly injuring the officer intentionally while she was performing official duties, Texas Penal Code 22.01. Assaultive Offenses deems the act a third degree felony punishable by up to 10 years in prison and a fine of up to $10,000. Graves has denied both charges and is in the process of filing a complaint with the police department's Internal Affairs Division.

The process of being arrested and charged can be confusing, especially if you feel that your person or your rights have been violated. If you feel that you've had your rights violated by a police officer, contact the Hill Law Firm immediately for a full case evaluation.

About The Hill Law Firm
The Hill Law Firm is comprised of three criminal defense attorneys and dozens of supporting legal staff. The founding attorney, Wayne Hill, has over 35 years of experience as a criminal lawyer and was certified in Criminal Law by the Texas Board of Legal Specialization in 1985. Josh Hill and Lauren Hill are also valuable members of the law firm, each recognized as formidable opponents in the courtroom. Attorneys of the firm have been practicing for multiple decades in Harris County, Texas, and the U.S. Supreme Court system. The attorneys at Hill Law Firm have a thorough understanding of the law, and seek to defend each client to the fullest, while upholding, enforcing and protecting their client's rights under the Texas and United States Constitutions.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

After the Tragic Shooting of a Sheriff's Deputy, Police Have Made an Arrest

Houston, TX -- (ReleaseWire) -- 09/04/2015 -- On Friday, August 28, 2015, a tragic and fatal shooting of Sheriff's Deputy Officer Darren H. Goforth occurred. While police were continuing to search for the suspect Friday evening and the next morning, a person of interest was apprehended on Saturday and officially charged with capital murder that afternoon.

Offer Shot 'Execution-style'

The shooting was not only tragic, but brutal too; Harris County Sherriff's Deputy Darren Goforth was exiting a gas station and convenience store in Houston on Friday night around 8:00 p.m. when, unexpectedly, he was ambushed by a gunman. The man, who has now been identified as 30-year-old Shannon J. Miles, shot Goforth from behind. As Goforth fell to the ground, Miles filed several more shots into the wounded deputy. According to reports, the murder was completely unprovoked; it does not appear that Goforth and Miles had previous interacted prior to the incident. A motive has yet to be named, although police believe that it may have been a hate crime, committed only because Goforth was wearing his uniform.

Police Arrest Shannon J. Miles

Based on footage taken at the scene of the crime, police knew that they were looking for a black male, probably in his 20s, who was wearing a white t-shirt and red shorts. Police also knew that the suspect was driving a maroon-colored extended cab Ford Ranger.

On Saturday afternoon August 29, Miles was officially charged with capital murder. Police told reporters that they are not looking for any additional suspects – according to ballistics testing, the gun used in the shooting of Goforth is a match for that of a gun that's registered to Mr. Miles. While Miles does not have any history of violence, he does have a criminal record that includes charges for trespassing and disorderly conduct with a firearm.

Goforth was 47-years-old at the time of death, and was both a father and husband.

In Texas, capital murder is one of the most serious of criminal offenses. If convicted, capital murder can carry a sentence of life in prison or the death penalty. Those who are seeking capital murder or other criminal charges desperately need the counsel of a criminal defense attorney immediately: http://www.hillcriminaldefense.com.

Media Contact: Josh Hill
Hill Law Firm
4615 Southwest Fwy #600
Houston, TX 77027
(713) 623-8312
info@hillcriminaldefense.com

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Supreme Court Rejects Man's Last Appeal

Houston, TX -- (ReleaseWire) -- 05/21/2015 -- Texas executes more inmates every year than any other state in the United States. On Tuesday, May 12, 2015; the state of Texas performed yet another execution. 32-year-old Derrick Dwayne Charles was put to death by lethal injection when the U.S. Supreme Court rejected his last appeal. He was pronounced dead at approximately 6:00 p.m. that evening.

Man Put to Death for Killing of Three People

Almost 13 years ago, in 2003, Derrick Dwayne Charles murdered three people and plead guilty to capital murder charges for killing his 15-year-old girlfriend, her mother, and her grandfather. The murders were brutal, and included a combination of sexual assault, beatings, strangling, and even electrocution. The jury, as opposed to life in prison, chose the death penalty after listening to testimony detailing the violence of the murders, according to reports.

Appeals Filed on Charles' Behalf

Charles' lawyers fought hard on his behalf, filing numerous appeals to try to prevent and delay the execution from moving forward. Charles' attorneys argued that Charles was too mentally incompetent to be subjected to the death penalty. His attorneys also argued that lower courts had denied Charles the funding for a comprehensive health evaluation. A separate appeal argued that Charles' case had been mishandled because the court failed to appoint psychiatric investigators and experts. All of the criminal conviction appeals were preceded by a post-conviction writ of habeas corpus, read more about those here: http://www.hillcriminaldefense.com/criminal-appeals-lawyer/.

According to the Supreme Court decision in Ford vs. Wainwright, capital punishment in prohibited when, "mental illness prevents [a person sentenced to execution] from comprehending the reasons for the penalty or its implications." Despite this precedent, the Supreme Court declined to review the case, sentencing Charles to his death.

Texas Leads U.S. in Executions Every Year

Derrick Dwayne Charles' death does not come as a surprise. In fact, Charles is the seventh person to be executed in Texas in 2015 alone. There are two more executions scheduled in the upcoming weeks.

What to Do if Facing Murder Charges in Houston

For those who are facing murder charges in Houston, retaining a criminal defense attorney as soon as possible is key. While Charles' life wasn't spared, hundreds of people charged with murder in Texas who are innocent or mentally incompetent have received reduced sentences thanks to their legal advocates.

Media Contact: Josh Hill
Hill Law Firm
4615 Southwest Fwy #600
Houston, TX 77027
(713) 623-8312
info@hillcriminaldefense.com

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Houston, TX -- (ReleaseWire) -- 02/16/2015 -- In 1998, when he was 13 years old, Don Collins poured gasoline on an eight-year-old boy, and then set him on fire. The boy, Robert Middleton, lived, but not without severe and permanent injuries rendering him physically disabled. For years, Middleton required intensive physical therapy to treat the injuries, and in 2011, 13 years after the incident, Middleton died shortly before his 21st birthday from skin cancer caused by the burn injuries. In February of 2015, Collins was sentenced to 40 years in prison for a capital murder charge from the childhood attack, as reported by a CBS News story.

Violence and Sexual Assault

Shortly following the violent crime in 1998, charges against Collins were filed, but were shortly dropped when the police said that they didn't have enough evidence for a conviction. Now, in 2015, not only has Collins been accused (and convicted of) capital murder against Middleton, but weeks before Middleton's death, another shocking event occurred: Middleton released a video claiming that two weeks before the 1998 gasoline and fire attack, Collins sexually assaulted Middleton. The new accusation, which had previously been unheard by police or prosecutors, reopened the investigation into the 1998 charges.

Sexual Assault Accusations Evidence Enough for Authorities

Upon hearing the new accusation of sexual assault against Collins, prosecutors reopened the Collins – Middleton case. Collins, who was already in prison for charges of sexual assault against another eight-year-old boy, was convicted for the crime of murder on February 10, 2015, with closing arguments against Collins claiming that the murder was motivated by Collins' desire to keep Middleton unable from telling anyone about the sexual abuse. Despite the fact that defense attorneys stated that there were no witnesses to the crime, and hardly enough evidence for a conviction, Collins has received a 40-year sentence in prison (in addition to the other sentence mentioned above). Due to the fact that Collins was a child at the time of the attack, his case is not eligible to be considered for the death penalty.

Double Jeopardy Charges a Non-Issue in Collins Case

The Fifth Amendment of the U.S. Constitution prohibits prosecutors – either on a federal or state level – for charging a person from the same crime more than once. Doing so is known as "double jeopardy," and is considered to be a violation of a person's civil rights. However, despite the fact that charges were dropped against Collins in 1998 when enough evidence couldn't be collected to convict him, there's no issue of double jeopardy; charges against Collins in 1998 were not for murder, as they were in 2015, giving prosecutors the full right to press the charges and convict him.

An Attorney Is Essential In Understanding Criminal Defense Law

There are a variety of factors that affect both a conviction and a sentencing order in a criminal defense case. If you're facing criminal charges in Houston, Texas, an attorney can help clarify legal rights, questions, and options – it is within your best interest to seek legal help as soon as possible.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Freedom of Speech Now Protects Pervy Photo Taking in Texas.

Houston, TX -- (ReleaseWire) -- 09/25/2014 -- In a mind-boggling move that left many questioning the sanity of the Texas Court of Criminal Appeals, the Texas' highest court ruled it legal to take upskirt photos of women and children. This shocking ruling has left many parents and women outraged.

The Texas Court of Criminal Appeals ruled court reached an 8 to 1 decision on September 17, 2014. Members from the fourth court of criminal appeals in Bexar County who assented were: Womack, Johnson, Price, Keasler, Hervey, Cochran, and Alcala, J.J. The only dissenting member was Meyers, J.

Charles Thompson was facing 26 counts of "improper photography or visual recording" when, in a surprise move, his defense attorney filed a motion to drop the claiming they were a violation of his first amendment rights. A writ of habeas corpus was filed and the fourth court of the Texas Court of Criminal Appeals agreed to hear Thompson's appeal and eventually drop the charges. Read more about writs of habeas corpus here: http://www.hillcriminaldefense.com/cases/appealspost-convictioninnocence-claims/

The fourth court of criminal appeals ruled"that photographs and visual recordings are inherently expressive…", making the photographs Thompson took a personal expression of free speech or artistic interpretation. Therefore his charges were dropped to protect his first amendment freedom of speech rights.

Thompson allegedly took 73 pictures of women and children at a Texas water park that were specifically aimed at the buttocks and breast area. His case never even made it to trial before the charges were appealed and dropped.

Many critics claim the decision by the Texas Court maid broad generalizations regarding the intricacies of the first amendment. Now creepy guys in Texas have a legal right to take pictures up women's skirts, because according to the Texas Court of Criminal Appeals it is an "inherently expressive" first amendment right.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

New DNA Evidence Can Exonerate Accused Via Post-Conviction Writ of Habeas Corpus Criminal Appeals

Houston, TX -- (ReleaseWire) -- 05/22/2014 -- Being accused of a crime you haven't committed can be devastating. Unfortunately, several wrongly convicted individuals are just now seeing the light at the end of the tunnel after years behind bars. Falsified claims are a serious threat and this issue is quickly becoming recognized by mainstream media. In particular, false allegations involving child sexual abuse or child abuse can wreak havoc to family relations and cause lingering stress. Recently thousands of untested DNA rape and sexual abuse kits were sent to a third party crime lab for testing after decades collecting dust in Harris County evidence rooms. Fortunately, a few cases have already been turned over after DNA evidence proved their innocence.

A false allegation of child sexual abuse rarely originates with the child. Many studies show that false allegations originate with an adult filing accusations on behalf of the child, and a large majority often occur in the context of divorce or child custody battles. A lot of these allegations are perpetrated for a number of reasons; revenge, rejection, cover ups, etc. False reports that occur in custody disputes involve one adult coercively questioning a child, believing that abuse has occurred if if the child maintains they were not abused.

Take the case of Daryl Kelly Sr, for example. Accused in 1997 on charges of child sexual abuse by his daughter, he was charged with multiple counts of rape solely on the word of his accuser despite no physical evidence. 15 years later, his daughter admitted that she had been coerced by her mother to lie against her father. Too young to understand her actions, she was forced to claim that her father raped her under the threat of punishment from her mother. Daryl Kelly Sr, a Navy veteran with a reputation of being honest and hardworking, refused a plea deal and denied the allegations, was sentenced to 20 to 40 years. The false accusation sent him to prison where he still remains. Now, his daughter is fighting to get him released, but every appeal has been denied.

A similar case of false allegation came up last year, when Cassandra Kelly admitted that she had falsely accused her father of child sexual abuse because she was upset about her parents' divorce. Her father was sent to prison in 2001 and was finally exonerated earlier this year. Cassandra Kelly decided to reveal the truth that sent her father to jail because her guilt prompted her.

Another such case is Sheldon Mosley, a 29-year-old man accused of sexually molesting his 4-year-old daughter. Mosley was at the time battling with his mother-in-law for custody rights over the girl. Physical examination of the girl did not substantiate the sexual assault claims, all tests were negative. However, the girl responded positively to all suggestive questions and a counselor assigned to her believed that Mosley had sexually assaulted the girl. Mosley was sentenced to 60 years in prison. Mosley's lawyer was later found to have been inadequate but the judge ruled that this had no bearing on the outcome of the case. Finally, after years of appeals and petitions, the then 21-year-old victim recanted her statement that she had been molested. She admitted that her grandmother had coerced her into accusing her father with promises of rewards and trips.

These cases represent a few examples of false conviction with very little to no corroborating evidence. There may be untold numbers of innocent people who are currently imprisoned due to false allegations. Numerous cases have been overturned due to latent DNA testing.

After a conviction, an individual can file an appeal post-conviction. A post-conviction writ of habeas corpus is a wrongly convicted person's chance to dispute the finding of their trial because of improper evidence handling, legal misconduct, and new evidence the court has not yet seen. Learn more about criminal appeals court and post-conviction writ of habeas corpus here: http://www.hillcriminaldefense.com/cases/appealspost-convictioninnocence-claims/

Just earlier this year in Houston, TX, a backlog of previously untested DNA evidence have identified offenders in at least a third of the cases. The backlog includes 6,600 sexual assault kits that have been residing in a back room in the the Houston Police Department that have been handed over to two respected forensic laboratories. The new DNA testing helped in solving numerous cases and vindicating victims, and may one day exonerate others.

According to the National Registry of Exonerations there are many factors that contribute to false imprisonment. These factors include mistaken witness identification, perjury or false accusation, false confession, false forensic evidence and official misconduct. The chart below includes data for 305 wrongful convictions, which represents a small fraction of all wrongful convictions. The pie-graph focuses on wrongful convictions that were exonerated because of false accusations. Unfortunately, child sex abuse wrongful conviction due to false accusation stands at the top.

Once convicted of child sexual abuse, it can many times take years to get exonerated even if the victim recants. According to the National Registry of Exonerations, the vast majority of false convictions never result in exoneration.

Therefore, the most important thing one can do if they are falsely accused of sexual crime, especially against a child, is to seek experienced legal counsel. The fallout of a false conviction can take years, even decades to reverse, and only with latent DNA testing or recantation.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm