Federal Criminal Jury Verdicts

United States of America v. R.S. , Western District of North Carolina, Bryson City Division (2007). This defendant was charged with firing off a shotgun during a fight and was facing 10 years in a federal prison under 18 U.S.C. §924(c). He went to trial and the jury found him not guilty.

United States of America v. D.L. , Western District of North Carolina, Bryson City Division (2008). This defendant was charged with using a knife during a fight. He went to trial and the jury found him not guilty.

State of North Carolina vs. S.B., Macon County Superior Court (2010). This defendant, who had never been in trouble before, was in love with a woman who was married to another man. She was separated from him. When he went to see her one night, he found the estranged husband alone in her bed. Accounts vary as to what was said at that moment, but suffice to say, it was on. Defendant faced 5 years in prison if convicted, but I convinced the jury that all he had committed were misdemeanors. When sentenced, the judge gave him 90 days in jail. He’s free now and not a felon.

United States of America v. B.W. , Western District of North Carolina, Asheville Division (2014). This defendant was accused of stealing a pistol from a pawn shop and possessing a stolen pistol. Despite law enforcement finding him within half hour of the crime being reported and finding the pistol outside that residence, the facts were such that, at trial, the jury hung. This case may be retried.

United States of America vs. B.W., Western District of North Carolina, Asheville Division (2014). This was the re-trial of B.W. Law enforcement witnesses are typically better if they get a second bite at the apple, and they were in this case. B.W. was convicted in his second trial.

State of North Carolina vs. P.C., Clay County Superior Court (2014). This defendant was charged with assault with a deadly weapon, intent to kill, inflicting serious injury. Defendant was shot at by his roommate, grabbed a golf club, struck the shooter in the head, and ran out of the house to escape. He was charged with assaulting his roommate. After 39 minutes of deliberation, the jury returned a verdict of not guilty. He is free today.

United States of America v. S.D. , Western District of North Carolina, Bryson City Division (2008). This defendant ran from the U.S. Forest Service Cops on his motorcycle and was eventually caught. He went to trial, and despite my best efforts, he was found guilty. At sentencing, however, though facing a year in jail, he got five months.

United States of America v. C.S. , Western District of North Carolina, Asheville Division (2010). This defendant was accused of abusing the postal service's version of workers' compensation. He went to trial and the jury found him not guilty of one charge and guilty of four others. However, in a post-trial proceeding, I got the judge to throw out two of the remaining four guilty verdicts, and he received a probationary sentence and did not see one day in jail.

United States of America v. H.S. , Western District of North Carolina, Bryson City Division (2012). This defendant was charged with several sex crimes against his son. He was adamant that he was innocent, though the Government was able to get a confession out of him. He faced 30 years apiece on just the first two counts. At his first trial, the jury found him not guilty on Count 1 and hung on the other six counts.

United States of America v. H.S. , Western District of North Carolina, Bryson City Division (2013). This was the second trial of H.S. At trial, the jury indicated it would hang again. The judge, upon my motion to dismiss the case at the close of all the evidence, did so, calling the prosecution a search for results, not justice. H.S. is a free man today, and I believe, completely innocent of the vile charges brought against him. This case is, to date, my greatest victory and proudest moment as a lawyer.

State of North Carolina vs. J.H., Clay County Superior Court (2014). This defendant was charged with 3 counts of sexual contact with a minor. He was adamant about his innocence, and after 43 minutes of deliberation, the jury returned a verdict of not guilty on all counts. This man is free today. This case is further evidence that innocent people are charged with heinous crimes that they did not commit. 

State of North Carolina vs. B.L., Cherokee County Superior Court (2016). This defendant was charged with rape and sexual battery. Defendant had consensual intercourse with an adult female who, days later, accused him of raping her. Defendant was found not guilty of both charges. 

State of North Carolina vs. W.E., Clay County Superior Court (2016). This defendant was charged with indecent liberties with two minors and 1st degree sex offense with his step-daughter. He finally left his mentally abusive relationship with his wife and this was his reward: his step-daughter and her friend accused him of touching them. After a 3- day trial he was found not guilty of all charges. He is free today.

United States of America v. M.R. , Western District of North Carolina, Bryson City Division (2014). This defendant was accused of trafficking in prescription medications. Before trial, all the evidence against her was thrown out of court, leading to a complete dismissal of her charges. The court threw out all of the evidence because law enforcement's actions were so bad and violated the defendant's constitutional rights to such an extent, that to permit the evidence to be used against them would constitute a travesty of justice. This defendant is now free.

United States of America v. R.A. , Western District of North Carolina, Asheville Division (2011). This defendant was charged with selling drugs and faced life in prison. Though ultimately found guilty by a jury after almost seven hours of deliberation, I was able to get his sentence reduced from life, to 10 years, and after his appeal was partially successful as to his sentence, to six years. So though the trial was lost, his sentence went from life to six years.

United States of America vs. E.R., Western District of North Carolina, Bryson City Division (2013). This defendant was accused of selling drugs. Despite my best efforts, the jury found him guilty. He was later sentenced to a term of imprisonment of 12 ½ years. As I said above, I do not win every case.

State of North Carolina vs. D.H., Cherokee County Superior Court (2020). This defendant was charged with 1st Degree Murder in 2015. He was at his place of residence when a man high on methamphetamine threatened to kill him and charged at him with the intent of beating this defendant to death. Instead, Defendant pulled out his pistol, fired once, and killed his attacker. After a 10-day trial and 6 hours of deliberation the jury returned a verdict of not guilty. He is free today.