Jim Black Got Robbed
People across the state no doubt had a good chuckle over Jim Black's proposal that he be allowed to give free eye exams to poor kids rather than do hard time in federal prison. Is the man nuts?
You've got to look at this from Black's perspective to understand how unfair this must seem to him. The former North Carolina House speaker turned felon is facing 10 years or more in federal prison on corruption charges. And sure, the Charlotte Observer reported today that he took an illegal $500,000 check from a lobbyist, then lied about it on his campaign reports.
But it's not like Black killed anyone (that we know of). In the Mecklenburg County criminal justice system, the justice system that Jim Black built, probation would have been an extraordinarily tough sentence for Black's crimes.
Enter Exhibit A, Sir Marquise Battle. Battle, 20, was most recently picked up by Charlotte-Mecklenburg police on July 5 for possession of a firearm by a felon and carrying a concealed weapon.
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Battle, Black, Moore and Voltare
Battle's record includes felony breaking and entering and larceny convictions in 2005 and murder and possession of a firearm convictions in 2006. So far though, he has served less than a year in prison on all of those charges.
Yes, you read that right. On November 11, 2005, Battle shot and killed Lanyia McClure, 25, at a party on Citiside Drive.
A notice in Moore's court file states that he was charged with first degree murder and that the Mecklenburg County District Attorney's Office intended to "seek the death penalty in this matter, if this matter is not resolved by a guilty plea." But as Charlotte Mayor Pat McCrory recently reminded constituents in an email asking them to contact their state legislators and grovel for more money for the underfunded justice system here, there are 144 murder suspects in the Mecklenburg County jail awaiting trial and the DA has the resources to try just 12 of them a year. The rest must be plea bargained. That the DA doesn't have the resources to push for tougher plea deals -- under threat of going to a trial -- in the remaining cases is well known among defense attorneys and public defenders, who cut some incredible deals for their clients.
So Battle got a heck of a deal -- as usual. Prosecutors were nice enough to consolidate the possession of a firearm by a felon charge (which carried a maximum of 44 months in prison) with the involuntary manslaughter charge (a maximum sentence of 59 months) that they let him plead to. In the end, Battle cut a plea deal for 15 to 18 months in prison total on both charges and served less than a year.
He is not alone. Nirada Ricky Moore recently cut a plea deal with the county prosecutor that sentenced him to 17 to 21 months in prison after he bragged about killing his victim with one blow to the head. Jean Steven Voltare committed two armed robberies and then killed a man in a third armed robbery during a week-long crime spree in October 2005. Voltare walked away with a 10-year minimum sentence for all four crimes.
The irony, of course, is that the Mecklenburg County criminal justice system is Black's legacy. The county court system was deliberately underfunded to the point of near-collapse over the last decade in part because of Black's lack on interest in sending felons of any kind to prison.
The state is supposed to be the primary funder of the courts in North Carolina. But on Black's watch, the court system starved for dollars while the state blew money on teapot museums, entertainment halls for Dolly Parton's brother and all manner of payola.
All of this went down while Black was attending to more important matters -- like ensuring that struggling single mothers paid for mandatory eye exams their kids didn't need so that Black's optometrist buddies could pocket the cash.


in china they just executed a public offical for taking a bribe maybe if we did that people like jim black would think twice from taking one. And now that the 500,000 dollar check has come to light and it is illegal with the IRS go back and prosecuted Jim Black for filing a false tax returen and under reporting his personal income.
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Don't sell yourself short Tara, your analysis is spot-on and you are quite brilliant.
KEEP UP THE GOOD WORK!
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Jim Black -- just another example of a person who felt he would never have to live under the laws he helped pass nor suffer the consequences of those he blocked from passage. He saw himself as a lifetime politician, a member of an exclusive class to whom special allowances were to be made. So much for that, Jim. It's a shame that Jim Black could, having contributed to the situation himself, use the argument that greater crimes (in Mecklenburg County) carry a lesser penalty as a case for a reduced sentence.
I hope the judge in the case remembers that it is *not* that Jim Black is being unfairly punished -- it is that the murderers in Mecklenburg County are being unfairly allowed to plea down their sentences. Jim Black should be found guilty of contributing to that "crime" as well.
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Tara: The lack of prosecution of criminals in this city/county is astounbding. 49 armed robberies in a 72 hour period. Where the hell are the police? does Stepehens not understand that part of police work is CRIME PREVENTION! I visit New York frequently--West Village-- and you can't go 2-3 minutes without seeing apatrol car 24 hours a day. What's the deal is this little city? I'vee written McCrory with several suggestions and I might as well have taken a nap. The man wants a parade to Raleigh and some new trains. Good Luck!!
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when are the chiropractors going to be charged with bribing a public offical where is the justice in not charging the other parties involved because is takes two for a bribe to work.
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