Katelynn’s foster mother said that she found Katelynn attached to a rope that was hanging from a tree outside their home. Katelynn was pronounced dead at St. Clair Regional Hospital. The cause of death was declared as ligature strangulation.

St. Clair County Sheriff Terry Surles said that Katelynn’s 14-year-old half-brother had murdered her. When Surles was asked what the boy’s motive was, he said,

“I have no idea.”

Surles has no doubt that it was an accident.

“That’s why he’s charged with murder.”

The 14-year-old has been charged in juvenile court on one count of murder. There is a hearing set in order to determine if he will be certified as an adult.

Even though the judge’s dismissal took only 20 minutes, Babbitt has faced extensive public ridicule and the loss of a top Federal government job due to the charges. Unfortunately this is an all too common story, with people paying a heavy price for drunk driving allegations long before a court evaluates the truth of those charges.

This is especially true in Virginia where the general public does not have access to police reports or notes until trial, which  - as in Babbitt’s situation – often takes place many months after the precipitating incident.

In Fairfax County a police general order actually mandates that arrests involving public officials be made public for any criminal or serious traffic charges, including DUI or reckless driving.

In Babbitt’s court appearance Fairfax Judge, Ian O’Flaherty ruled that, in contrast to Fairfax City Police Officers, Mike Morris’s allegation that he had seen Babbitt crossing the yellow center line and driving on the wrong side of the road, the police officer had pulled Babbit over only on a “hunch” after a routine turn.

The judges dismissal came after video Babbitt’s traffic stop was played, which showed Babbitt making what looks to our eyes like an unremarkable left-hand turn into a parking area. Babbitt does indeed cross the center lines (hard to make a left hand turn without doing so) but he did not drive on the wrong side of the road as Fairfax City Officer Mike Morris alleged in the initial criminal complaint.

View the video here, via local news, and see if you think this looks like an illegal left turn to you:

Meanwhile Babbitt’s defense lawyer argued that the roadside breath test Babbitt took showed a blood alcohol level below Virgina’s legal limit. Prosecutors stated that later tests showed Babbitt’s levels over the legal limit but O’Flaherty dismissed the case before this evidence was even presented.

The FAA subsequently released a statement on Babbitt’s exoneration:

“For decades, Randy has been one of the most recognized and respected people in aviation. His contributions to the safety and efficiency of air transportation in the United States and around the world are significant,” said NBAA president and CEO Ed Bolen. “We are pleased that the matter that led to his resignation from the FAA is now closed. We wish him all the best in whatever his future plans may be and trust that the aviation community will benefit from his considerable talent, expertise and commitment.”

Small comfort to the man who used to run the organization, but for the now disproven accusation of drunk driving. We’d argue that some apologetic phone calls need to be made.

Of his exonneration, Babbitt said:

“I am thrilled the charges against me have been dismissed at trial and I have been found not guilty,”

Situations like this illustrate why we always recommend speaking to an attorney before making a decision about how to approach a  drunk driving charge.  Just because you face a charge does not mean you are guilty or that you should accept the prosecutions interpretation of the evidence.

We make it easy with a FREE CONSULTATION to discuss the particulars of your case but whether or not you speak to Alex or Carlos here at The Gordon Law Firm, you should speak to someone – a qualified attorney with experience defending DUI cases in Virginia.

It really can make all the difference.

Give us a call at 703-218-8426 and get help today.

Already sixteen similar claims have been brought against the city. Settlement offers are out to six individuals and ten claims are pending in DC Superior Court. The District government admitted in 2010 that the improperly calibrated equipment would overstate an individuals blood alcohol level by as much as 20%. Approximately 400 convictions dating back to 2008 may ultimately be effected.

Pearson, originally of Sunderland, England has been a professional fighter since 2004.  He typically rains out of the Rough House gym in England but has been based in Las Vegas over the last few weeks, working as an assistant coach on the latest season of The Ultimate Fighter. His next fight is for the summer on the Fox network.

Released the same day as his arrest. neither Pearson or the UFC have offered public comment on the incident.

Olszewski, 45, reportedly came to his ex-girldfriend’s dental office because of a toothache only days after breaking up with her. The demented dentist in question, Anna Machowiak, pulled out 32 teeth and then wrapped Olszewski’s head in bandages and told he’d remain numb for some time, so he didn’t realize his predicament until he made it home and looked in a mirror.

However, Olszewski said he knew right away that “something was wrong because when I woke up I couldn’t feel any teeth and my jaw was strapped up with bandages.”

For her part, Machowiak said that, she “tried to be professional and detach myself from my emotions. But when I saw him lying there I just thought, “What a bastard.’”

Machowiak is facing charges of medical malpractice and abusing the trust of a patient, which could result in up to three years in prison for her actions.  Hopefully also the renovation of her dental license.

Olszewski reportedly lost out on his new girlfriend, who dumped him for not having any teeth.

This month we’ve launched a new website that focuses specifically on our criminal law practice and the work of Gordon Law Firm attorney, Carlos Wall. Here’s a bit of info about Carlos:

George Mason University School of Law. Carlos has extensive experience in Virginia courts including representation of clients before the Virginia Supreme Court. He has represented hundreds of individuals charged with misdemeanor and felony offenses and he brings considerable trial and post-trial experience to the firm.

Prior to joining The Gordon Law Firm, Carlos was an associate with Devine, Connell, and Sheldon LLC and served the community as an Assistant Public Defender in Fairfax County. In his previous employment, Mr. Wall was part of a team that defended several high-profile individuals, including Paul Powell, Larry Gooch, and John Allen Muhammad.

Carlos is also experienced in immigration law and post-conviction remedies, including appeals, habeas corpus, pardons, restoration of rights petitions, and other extraordinary writs.

Mr. Wall was born in El Salvador and he has lived in various countries, including Peru, Kenya, the Congo, the Ivory Coast and El Salvador. Mr. Wall is fluent in Spanish.

We’re still ironing out all the kinks on the new site and we look forward to providing new and useful content over the upcoming months.

Thanks for taking a look.

Brandon Meriweather

Washington Redskin’s Safety, Brandon Meriweather was arrested late last week and charged with DUI in Arlington County, Virginia. He refused a breathalyzer test at the scene and subsequently failed a sobriety test.

The 28 year-old Meriweather was pulled over around 3AM on Thursday April 26th. The arresting officer said that he could smell alcohol on Meriweather’s breath. Meriweather reportedly told the officer that he was headed home from a club but could not remember the name.

After failing a field sobriety test, Meriweather was arrested and taken to the Arlington County detention center, where he spent the remainder of the night. He was released later in the day on Thursday.

Meriweather only recently became a Redskin, singing a $6 million deal with the NFL team in March of 2012. Meriweather began his pro football career with the new England Patriots, by whom he was picked up as a first round draft pick in 2007.

He was cut by New England in 2011 and had a brief flirtation with the Chicago Bears, playing eleven games last year, before signing with the ‘Skins just a few weeks ago.

A two-time pro bowl player, it is not yet clear how Meriweather’s DUI stop will effect his standing with the Redskins.

In 2011, Meriweather was connected with a shooting in Apopka, Florida in which two men were injured. According to the Orange County Sheriff’s Department, Meriweather was present at the scene of the shooting and he was later cleared of any involvement.

Given that he was not charged in the 2011 incident, the DUI should be a first offense against the NFL’s personal conduct policy.

As for how he will fare in Virginia courts, that remains to be seen.  Celebrity can be a curse or a blessing. Hopefully Meriweather will use some of his $6 million contract with the skins to hire counsel experienced with Virginia’s severe DUI laws.

Hand Sanitizer Best Practices

While the numbers of afflicted kids are so far very small, the ready availability of hand sanitizer combined with the faddishness of teens desiring a buzz means that the practice could become a larger issue for schools, parents, retailers and health officials. Also, a punchline for late night comedians:

Cedrick Barnes of Florence, South Carolina was apparently trying to offload some marijuana. Observing international drug dealer best practices, Barnes began calling everyone listed in his cell phone’s directory and – success- he found a buyer.

Unfortunately for Barnes, the potential buyer was actually his former probation officer. The officer set up a meet in a local parking lot and a Florence police officers completed the sale.

Barnes was then arrested on charges of possession of a controlled substance and possession of cocaine. Police also seized about half a pound of marijuana.

Both men were pronounced dead at the scene. Phillips sustained only minor injuries. She faces multiple counts of involuntary manslaughter counts as well as DUI charges.  Phillips is currently being held at the Blue Ridge County Jail without bond.