July 2021 Newsletter
The Durham County District Attorney’s Office newsletter highlights the work staff do in and out of the courthouse.
In The Community
DA Deberry Discusses ‘Reimagining Prosecution’ at National Vera Institute Panel
Durham DA Satana Deberry joined a panel discussion on reimagining prosecution hosted by the Vera Institute of Justice. The panel, moderated by ProPublica reporter Topher Sanders, was part of a two-day conference featuring prosecutors, criminal justice experts, reform advocates, and journalists from around the country. DA Deberry discussed prioritizing violent crimes; diverting offenses rooted in substance use, mental illness and poverty from the criminal legal system; working to avoid unnecessary pretrial incarceration; and expanding the range of tools the DA’s Office uses to hold people accountable, reduce recidivism, and make victims whole.
“The dirty little secret of the criminal justice system is that not only are all the defendants Black and brown, but the victims are, too. We don’t talk about the cycle of victimization that creates defendants — people who have suffered emotionally, physically, have been the victims of domestic violence, of childhood sexual abuse, childhood physical abuse, lowered opportunities, no access to education and healthcare — the things that really create criminal justice issues.” — DA Deberry
DA’s Office, RCND Host Session for Families of Homicide Victims
On July 9, the Durham DA’s Office and the Religious Coalition for a Nonviolent Durham (RCND) hosted the first in-person informational session for families who have lost loved ones to homicide in Durham. The sessions have been held virtually for the past year due to the COVID-19 pandemic. The sessions are held four times each year ahead of Homicide Status Conference, an administrative session of court to review the status of pending homicide cases. During these events, RCND shares information about the support services it offers in and out of court. DA’s Office staff discuss what to expect during the court process and answer families’ questions and concerns about the criminal legal system.
Staff will notify families in pending homicide cases of upcoming sessions. More information about the court process for homicides and resources for families of homicide victims can be found here.
ADA Spain Joins Conference on Best Practices in Juvenile Justice
Juvenile Team Lead ADA Lindsey Spain participated in a virtual conference featuring experts from around the world on juvenile justice and development. Fair and Just Prosecution’s Youth Justice and Beyond Convening included an discussions on Germany’s youth justice system, the impact of trauma on youth especially during the pandemic, and the intersection between the child welfare and criminal legal systems. During for a forum for juvenile prosecutors, ADA Spain discussed Durham DA’s Office policies related to young people, including no longer accepting court referrals for school offenses — with exceptions for rare, violent offenses — in an effort to avoid the criminalization of school disciplinary matters.
DA’s Office Announces Participation in First of Its Kind Plea Study
On July 15, DA Deberry joined the Wilson Center for Science and Justice at Duke Law to announce a new research project looking at plea arrangements in the Durham DA’s Office and other prosecutors’ offices. The Plea Tracker Project captures information about little-understood plea negotiations that researchers believe has not been studied before.
Through the Plea Tracker, which launched in April, DA’s Office staff submit documentation of plea arrangements and complete survey questions about the factors they considered in negotiating the case resolution. The Plea Tracker documents factors not previously measured, including victim and defendant demographics, assessment of danger risks, access to mental health and substance use treatment, and the victim’s desired outcome.
During a virtual press conference, DA Deberry said the Plea Tracker will help the DA’s Office ensure that both victims and defendants are treated fairly and equitably in the plea process:
“Pleas are a very important area of examination because, contrary to what we think about the courts, the vast majority of convictions are via plea… It is through pleas that our country now has a system of mass incarceration that disproportionately ensnares people of color and it is through pleas that we have an opportunity to correct these inequities.” — DA Deberry
Find more information in our press release.
Staff Cross-Train with Durham Police Forensic Services Unit
During the week of July 5, staff at the Durham DA’s Office and the Durham Police Department’s Forensic Services Unit cross-trained to improve coordination and broaden their understanding of each others’ work. Forensic evidence and the FSU are critical to the court process.
Forensic Services personnel came to the courthouse for a training on testifying in court. The training covered courtroom procedures, preparing for trial, and what to expect when testifying about evidence collected at crime scenes.
DA’s Office staff then visited the Durham Police Department to learn more about how the evidence we use to prosecute criminal cases — from fingerprints to firearms — is collected, preserved, and tested.
Later in the month, the FSU hosted teenagers of DA’s Office staff who are interested in law enforcement and criminal justice. The group learned about cell phone records, fingerprinting, firearms comparisons, and processing a mock crime scene.
New Explainer Delves into Sentencing in Criminal Cases
In the latest installment of Explained, the DA’s Offices breaks down how sentences are determined and served in criminal cases. Explained is an occasional series by the DA’s Office providing information and context about the court process. Past installments cover the role of district attorneys, the court process for homicide cases, and pretrial release.
Read the sentencing explainer here.
In The Courts
ADA Ramoin Secures Plea in 2018 Shooting That Killed One, Injured Another
ADA Carolee Ramoin secured a guilty plea in a 2018 shooting that killed a woman and injured her husband. ADA Ramoin stated in court that the defendant was meeting the man and his wife to sell drugs when he asked the man for his cell phone to enter his new number. When the man handed over the cell phone, the defendant pulled out a handgun and began firing at close range, shooting the man approximately seven times and the woman eleven times, killing her. The man was able to identify the defendant and phone records confirmed their plans to meet. The defendant pleaded guilty July 6 to second-degree murder and attempted first-degree murder, both Class B2 felonies.
ADA Morrill Secures Conviction in Fatal Drunk Driving Crash
ADA Dale Morrill secured a conviction in a September 2019 impaired driving crash. The victim had gotten out of her car on Miami Boulevard after the vehicle broke down when she was struck and killed by the defendant’s vehicle. The defendant pleaded guilty on July 7 to Level 2 driving while impaired and misdemeanor death by vehicle.
ADA Montgomery-Blinn Assists Victim of Identity Theft
ADA Kendra Montgomery-Blinn helped a victim of identity theft remove a larceny conviction she was unaware of from her criminal record. A relative of the victim had used her identity when pleading guilty to larceny in 2003. While working to obtain a professional license, the woman discovered the conviction during a background check. ADA Montgomery-Blinn filed paperwork to reinstate the old charge and a Motion for Appropriate Relief to dismiss it. She then referred the woman to the Durham Expunction and Restoration Program for free assistance with removing the dismissed charge from her record.
ADA Herskowitz Secures Conviction In 2019 Shoot-Out
ADA Alex Herskowitz secured a guilty plea in a May 2019 shooting at the intersection of Timothy Avenue and Fayetteville Street. The defendant and others were driving around looking for members of a rival gang after they had shot into an associate’s house. The two groups exchanged gunfire, striking a passing vehicle. Ten days later, a Highway Patrol trooper attempted to stop the defendant for speeding. He fled and crashed into another vehicle. While running away on foot, he dropped a duffle bag. The trooper caught him, found marijuana in his possession, and discovered a firearm in the discarded duffle bag that matched shell casings found at the scene of the Fayetteville Street shooting.
The defendant was initially charged with carrying a concealed gun and speeding to elude arrest in relation to shooting the vehicle and attempting to evade the trooper. After reviewing the case, ADA Herskowitz determined the evidence and the danger to the public supported a more serious charge. The defendant pleaded guilty on July 13 to discharging a weapon into an occupied motor vehicle, which is a Class D felony. As a “known shooter,” the defendant was also prosecuted federally for using a firearm in furtherance of drug trafficking related to the marijuana and firearm found during his arrest.
ADA Ingram Defers Prosecution for First-Time Offender Who Works with Youth
ADA Elizabeth Ingram utilized a deferred prosecution in a case involving a defendant who was 18 at the time of the offense, has no other criminal record, and is actively involved in helping other young people gain skills and employment in the construction industry. The defendant had been charged with robbing a pizza delivery person in July 2018. Two co-defendants previously took responsibility for the crime by pleading guilty to common law robbery. Taking into account the defendant’s continued employment and positive work with youth, ADA Ingram determined that a charge of conspiracy to commit common law robbery would more appropriately fit the facts of the case and allow for a deferred prosecution agreement. The defendant was ordered to serve 12 months of supervised probation. If he complies with the probation period, the charge would be dismissed.
ADA Spain Closes 2019 Robbery and Shooting
ADA Lindsey Spain secured a guilty plea against a defendant who robbed and shot a man, stole his car and crashed the vehicle into an off-duty Durham police patrol car. In November 2019, the victim in the case arranged through the app OfferUp to meet with the defendant and another person to purchase a cell phone. After the victim turned over money to purchase the phone, the defendant got in his car, pointed a handgun at him and demanded his wallet and cell phone. The defendant told the victim to get out of the vehicle and then hit him twice in the face with the gun before shooting him once and driving away. Officers then spotted the stolen vehicle and attempted to stop it. The defendant fled and crashed into the passenger side of a Durham police vehicle. The officer, who was not involved in the pursuit, was uninjured.
In a separate matter, the same defendant also pled guilty to shooting at a vehicle with two occupants, including an infant and a toddler, near the intersection of Umstead and Dawkins streets in August 2020. Three adults inside the vehicle were injured. One of the individuals injured had gone to school with the defendant and was able to identify him to police.
For both offenses, the defendant pleaded guilty on July 27 to discharging a weapon into occupied property, assault with a deadly weapon with intent to kill (both Class E felonies) and assault with a deadly weapon with intent to kill inflicting serious injury, a Class C felony.
ADA Herskowitz Gives Second Chance in Drug Case
ADA Herskowitz recently took a creative approach to a drug possession case after the defendant avoided new criminal charges, remained employed, and supported his family over two years while the case was pending. In 2019, the defendant was charged with possession with intent to sell, manufacture, or deliver a schedule 2 substance, which is a Class G felony. Several family members submitted letters to the court attesting to the positive changes he has made to his life and requesting that the case be resolved without incarceration so he may continue on a path to success. The defendant entered a guilty plea and judgement was continued (PJC’d) in the case. Should the defendant be charged with new crimes, he would face an active sentence.
In The News
The News & Observer, CommonWealth Magazine, The Berkshire Eagle, iBerkshires, and The Davis Vanguard covered the launch of the Plea Tracker Project, in which the Durham DA’s Office and Berkshire (MA) DA’s Office are submitting information about plea arrangements to independent researchers at the Wilson Center for Science and Justice at Duke Law.
