Mobile judge to consider release of man accused of capital murder from mental hospital

MOBILE, Al.
  More than a decade ago, according to prosecutors, Jeremy Shawn Bentley abducted a man from a nightclub in Biloxi, beat and strangled him to death in the woods of Grand Bay and drove away in the man’s truck.

Jeremy Bentley

Bentley was captured in California, charged in Alabama with capital murder and later found not guilty by reason of mental disease or mental defect.
Two psychologists said Bentley suffered from paranoid schizophrenia and had multiple personalities. He dreamed of killing people, they said, and believed he was a supernatural being.
Now, the Alabama Department of Mental Health has petitioned Mobile County Circuit Court arguing that Bentley is no longer insane and should be released from Taylor Hardin Secure Medical Facility in Tuscaloosa. Bentley has admitted to faking mental illness in the past, according to a sworn affidavit by his psychiatrist.
“The defendant has received maximum benefit of treatment from the department, and it is the opinion of the department that he is showing no signs or symptoms of a mental illness and has no mental disorder for which any appropriate treatment is available in a department facility,” wrote Alabama Assistant Attorney General David Huddleston on behalf of the Department of Mental Health.
On Jan. 26, Circuit Judge Michael Youngpeter will consider whether Bentley, 34, should be allowed to walk free.
If Bentley were released, District Attorney Ashley Rich said that she would have the right to try him again in Tolbert’s death, and would seek to do so.
“This is a potentially very dangerous situation,” Rich said. “If this man were allowed to be released from Taylor Hardin, all the indicators are there that he will offend again, and he will kill again.”
Bentley’s lawyer did not respond last week to requests for comment.
John Ziegler, a spokesman for the Department of Mental Health said that while the agency can’t discuss a specific case, “we are a hospital system and we are legally obligated to petition the court or discharge when, after careful scrutiny, our doctors and treatment professionals deem that a patient no longer requires psychiatric hospitalization.”
In the early hours of New Year’s Day 2000, Bentley and another man, David Kabat, kidnapped Jamie Ray Tolbert, 24, of Lucedale, Miss., from a Biloxi nightclub and drove him to the Grand Bay area, according to testimony.
Bentley choked Tolbert with rollerblade laces and slammed him into the ground, then killed him by strangling him with Kabat’s belt, according to investigators.
The two men, both from North Carolina, were arrested in California driving Tolbert’s SUV. Tolbert’s credit cards had been used in a cross-country spending spree. Several guns were found inside the vehicle.
Kabat, now 31, was convicted by Mobile jurors and is serving life in prison without parole in an Alabama prison.
In an affidavit, Bentley’s current psychiatrist at Taylor Hardin, Dr. William Freeman, wrote that during the past year of treating Bentley, he has not shown any signs of major mental illness.
“He has denied significant symptoms of a major mental illness,” Freeman said. “He has admitted on multiple occasions that he feigned mental illness in the past, that he has made threats as a manipulative tactic to ‘get what he wants’ or to avoid what ‘he does not want.’”
Freeman said that Bentley does have a history of aggression, but that is not linked to any severe mental disorder.
He said that Bentley has been treated for anxiety “due to his situation of hospitalization/incarceration and frustration with legal processes” in trying to be released.
Ten years ago, though, two psychiatrists — one from the prosecution, another from Bentley’s defense — agreed that Bentley was mentally incompetent and should be committed to the Department of Mental Health.
According to one psychologist, Bentley thought he was one of seven people chosen by God to have a “special role” in the end of the world, “and he is not certain which side he is on, either Satan’s or God’s side.”
He dreamed about killing people, according to a psychologist, and had difficulties separating those dreams from reality.
His case took a number of twists through the court system.
Bentley’s jury convicted him of capital murder in 2002 despite the psychologists’ testimony.
Two years later, the Alabama Court of Criminal Appeals overturned his conviction, ruling that then-Circuit Judge Herman Thomas made a mistake in ordering a third psychologist to examine Bentley when the prosecution and defense experts had already agreed that he was mentally incompetent.
The third psychologist had said Bentley was mentally competent at the time of the killing and was capable of standing trial.
The case was sent back to Mobile County Circuit Court, and Bentley was found not guilty of capital murder by reason of mental disease or mental defect. He was ordered to Taylor Hardin in 2005.
Rich said the two psychologists who originally testified in the case will return to the courtroom this month as prosecution witnesses. The two, she said, will testify that Bentley still sees demons, hears voices and is still a danger to the public.
Rich said that Bentley began mutilating and torturing animals when he was 9 years old, and since being in custody, he has assaulted patients and staff. He just finished a month in solitary confinement, she said.
“You cannot cure someone of delusional disorder and psychosis,” Rich said.
In 2010, Bentley was convicted of assault for punching an officer who was trying to pull Bentley out of a violent episode with another patient, according to court records.
“He’s got a lot of classic indicators that he may even be a potential serial killer,” Rich added. “He does not deserve another opportunity to commit the horrific acts that he committed.”
In a recorded confession just after his arrest, Bentley told investigators that he and Kabat had hitched a ride to New Orleans from North Carolina in late 1999, and they soon found themselves down and out in Biloxi. They stayed in cheap motels and drank beer, and by New Year’s Eve, they’d decided to steal a car.
“I’d already planned that we were gonna get a car,” Bentley said. “And then, of course, I thought about what to do with the individual. And I figured, kill’im. I’ve wanted to kill somebody for some years, anyway...: Just to see what it was like ... the thrill.”
The hearing is scheduled for Jan. 26 at Mobile Government Plaza.

Montgomery police investigating shooting at McDonald's that leaves man critically injured

MONTGOMERY, Al.
 Authorities are in the early stages of investigating a shooting that occurred in the parking lot of a McDonald's this afternoon, critically wounding a man.

Montgomery police Sgt. Donna Mackey said a man, whose age and name were not immediately available, was in stable but critical condition after an exchange of gunfire outside the McDonald's located at 1590 East Blvd.

Police are looking for a man seen running from the parking lot. Officers responded to a number of calls reporting the shooting at 2:35 p.m. and she did not know if the injured man had called for help or officers had found him when they arrived.

They do not yet have a description of the man seen running away or any vehicle involved. She also did not know whether the individuals knew each other or had an altercation while at the restaurant. 

Anyone with information is asked to call CrimeStoppers at 334-215-STOP, the Secret Witness hotline at 334-262-4000 or the Montgomery Police Department at 334-241-2651.

Beauregard student expelled over journal threats

Lee County, Al.

Threats written in his personal journal have resulted in a male student being expelled from Beauregard High School, the county school superintendent said Monday.

“We had a kid at Beauregard High School, who had been keeping a creative writing journal and had done it for years writing about different topics, make some threats against some students,” said Dr. Stephen Nowlin, Lee County Schools superintendent.

“When we found out about it, we suspended him until we could have an examination and have a board hearing to get more information,” he said.

Nowlin said the Lee County Board of Education expelled the Beauregard High School sophomore for a year, in an action taken earlier this week.

Lee County Sheriff Jay Jones said it appeared the journal accidently fell out of the student’s pocket or backpack and was discovered by another student, who immediately turned it in to one of the teachers, who in turn contacted a school resource deputy who was at the school.

“Probably within five minutes of the discovery by the student and turning it into the teacher, the school resource deputy was involved in this,” Jones said.

The incident occurred in mid-December, Jones said.

“Our involvement with the student at school ended when he was expelled,” Jones said. “At this time, there are no charges.”

The sheriff said that whether it was a credible threat or not, they treat anything like this seriously based on recent histories of school violence.

“In this care, I think it is worthy to note that by having a school resource deputy program in place the circumstances were that literally within minutes of discovery, we already had one of our personnel involved working with the school administration, the child and parents,” Jones said.

The Fair Sentencing Act of 2010 allows some Alabama crack cocaine offenders early release

BIRMINGHAM, Alabama -- Willie Thomas Morris left the federal prison at Talladega a free man on Nov. 8 after having served about two-thirds of a nine-year and two-month sentence for his conviction on gun and crack cocaine charges.
"His family was very happy to have him back home, especially before the holidays," said Scott Brower, the Birmingham lawyer who had represented Morris after he was charged.

CrackCocaine

Morris, 32, of Birmingham, is one of at least 39 former federal inmates sentenced on crack cocaine charges in Alabama who were given an early release from prison after new sentencing guidelines went into effect Nov. 1. At least 33 others could be released soon.
The changes to sentencing guidelines stem from the move by Congress to cut down on disparities between those sentenced for crack offenses and those sentenced for the powder version of cocaine.
The Fair Sentencing Act of 2010 changed the amounts of crack needed to trigger mandatory minimum sentences. The amount of crack required for a mandatory five-year sentence for crack cocaine distribution increased from 5 grams to 28 grams (about 1 ounce) and the amount for a mandatory 10-year sentence from 50 grams to 280 grams. Congress asked the U.S. Sentencing Commission to change its guidelines to conform to the new law.
Civil rights groups and others had fought for the changes because they said it was unfair for people charged for a certain amount of powder cocaine to be sentenced to much fewer years in prison than those charged with having the same amount of the "crack" version of the same drug. The disparities were falling more on minorities and the poor.
There's no reason why someone in possession of the rock -- or crack -- form of cocaine should be treated any differently than someone possessing the powder form, said David Luker, a Birmingham lawyer who has a client also released almost immediately after changes in the guidelines. "I think everybody is cognizant of the fact that (law) has been applied in the past in a way that was very harsh," he said.
Luker declined to name his client who was released from a federal prison in Mississippi days after he was ordered released on Nov. 22.
Since the guideline changes federal probation offices around the nation, including in Alabama's three federal court districts, have been determining whether prisoners are eligible to receive a reduction and submitting reports and their recommendations to the courts. Judges, with input from the U.S. Attorneys Offices in those districts, then make a determination on whether to grant the sentence reductions.
Release motions

Federal judges in Alabama have denied a number of the petitions, granted others, and some are still pending.
David Russell, chief probation officer for the Northern District of Alabama which includes Birmingham, said 149 motions had been filed so far seeking relief for prisoners under the new guidelines. Out of those, 14 defendants have been determined to be eligible, including six who were immediately released -- including Morris.
Eighty percent of those seeking changes in their sentences are gong to be ineligible for various reasons, including mandatory minimum sentences where the sentences can't be changed, Russell said. Others are career offenders or have shown violence in prison, he said.
The average sentence reduction for those already given reductions is 25 months, including those immediately released, Russell said. "I think it's been a good thing in the fairness of sentencing," he said.
Morris, like many of the others released so far, had already been given a reduced sentence after changes to sentencing guidelines in 2007. He was granted a reduction in his original sentence of 110 months down to 92 months.
Morris had been sentenced Sept. 13, 2006, after pleading guilty to four counts of selling, distributing or dispensing crack cocaine. Birmingham police had arrested Morris after making undercover buys of crack and handguns from him in late 2005, according to his plea agreement. Morris had admitted in that agreement to having sold the drugs because he needed the money to buy Christmas presents for his daughter.
The federal court's Southern District, based in Mobile, had both a higher number of inmates seeking early release and a higher number who were granted it.
Ken Coale, the chief probation officer for the Southern District, said they had 259 motions filed for sentence reductions. Of those, 150 motions had been decided by the court as of Wednesday, including 84 that were denied and 66 deemed eligible for release, he said.
Of the 66 deemed eligible for release, 33 have already been released and the other 33 are being processed, Coale said.
The cases of prisoners who might be eligible for release were placed at the top of the heap so they were considered first, Coal said.
Efforts to reach a probation officer to get numbers for the Middle District of Alabama, which includes Montgomery, were unsuccessful last week.
Just because a prisoner is eligible under the new guidelines, however, doesn't mean the judge will grant it.
"Even if a defendant is eligible for a sentence reduction -- because his sentencing range has been lowered by a retroactive Sentencing Guidelines amendment -- a reduction is not automatic," said U.S. Attorney Joyce White Vance. "Ultimately, only the court can make the decision whether to grant a sentence reduction."
In making the decision, the judge must consider statutory sentencing factors, such as mandatory minimum sentences, as well as the effect of any sentence reduction on public safety, Vance said. "The court may also consider the defendant's conduct while in prison," she said.
"Our office evaluates each request for a sentence reduction to determine whether we think the defendant is eligible for relief, and then whether we think the court should grant relief in light of the particular circumstances of the case," Vance said.

Phenix City's first homicide of the year

PHENIX CITY, AL.
Police are searching for suspects as one man is murdered and another is in the hospital after an early morning shooting at a car lot off Highway 280 in Phenix City.

Phenix City's first homicide of the year unfolded in a parking lot just before 2 am Saturday morning.
Fifty-two year old Terry Simmons was pronounced dead on the scene while 61-year old Richard Prince was transported to the Columbus Medical Center to be treated for gunshot wounds.
James Ashley, general sales manager at Car-Mart,  had no idea that his car lot would be the scene of Phenix City's first homicide of 2012 . Luckily his security cameras were rolling but he was not authorized to release the footage to the media.
"My video cameras happened to catch the incident on tape; it caught basically the whole incident," says Ashley.
The video shows a man going up close to a truck, raising a gun, and firing. All you see is a flash.
The first victim crawls to the back of the truck and collapses.  Moments later there is another flash as the other victim is shot.
Another angle from the security camera shows a man fleeing the scene running directly pass the front doors of the car lot. He drops his gun and then turns around to pick it up and runs away, according to Ashley.
Witnesses at a nearby business said that the two men who were shot left with another man after showing off a large amount of cash. They say that the two men were regular customers and never caused any trouble.
Police are still investigating this case and are looking for the man who is responsible. If you have any information regarding the case you are asked to call Phenix City police at 334-448-2800.

In Alabama, King holiday is Lee observance, too

Federal and state government operations will be closed throughout the nation on Monday in observance of the federal Martin Luther King Jr. holiday.

Martin Luther King Jr.

But in Alabama, Mississippi and Arkansas, state workers will be off Monday for another day, too: the official observance of Confederate Gen. Robert E. Lee Day.

According to Alabama research archivist Norwood Kerr, the Alabama Legislature designated Lee’s birthday (Jan. 19) as a state holiday in an act passed March 1, 1901. A state law that passed Sept. 12, 1969, moved some state holidays from a specific day to Mondays, therefore changing the observance of Lee’s day from Jan. 19 to the third Monday in January.

In state legislation passed May 8, 1984, King’s birthday (Jan. 15) also became a state holiday to be celebrated on the third Monday.

The civil rights leader has since appeared to be recognized on that day far more than Lee, with commemorative marches and other celebrations expected throughout the state.

However, in addition to Lee’s birthday, the Confederate leader is observed on the state’s Confederate Memorial Day in April.

Gen. Robert E. Lee

State Rep. Steve Clouse, R-Ozark, said an issue over whether the celebration of Lee’s and King’s birthdays on the same day was appropriate has not been addressed in recent years in the Alabama Statehouse.

Jerry Hicks, a commander for the Sons of Confederate Veterans, said he would support celebrating Lee’s birthday on a different day because of the lack of interest it gains.

“(Lee) does get lost on the wayside,” he said. “We try to keep people from forgetting about our Southern hero, but we’re not as active here as most people in the state.”

Barbara Shipmon, an advocate for education of King for elementary-aged children, said she believed both King and Lee should be recognized, but on two different days.

“For Alabama to celebrate two historical figures in the state on the same day just seems like too much,” she said. “But what’s more is that when you consider history, their legacies dictate two different times.”

Burglary foiled by alert neighbor

Phenix City, Al.

Rakeese Williams

Wayne Gibbons

On Thursday at around 3:00 P.M. EDT., Wayne Gibbons and Rakeese Williams were arrested and charged with Burglary 3rd Degree. Around 2:49 P.M. EDT., an alert neighbor notified the Phenix City Police Department that he was observing 2 black males attempting to kick in the carport door of a residence located at 3203 4th Avenue. Phenix City Police units responded to the call and observed the suspects attempting to flee the vicinity on foot. Both offenders were caught and arrested , then processed into the Russell Co. Jail.