federal appeals court reversed part of a ruling in the civil lawsuit of
a man who died of injuries while he was being held at New Hanover
The 4th Circuit Court of Appeals in Richmond, Va.,
in an opinion released Thursday, decided the district court judge who
threw out the lawsuit two years ago erred in finding there was not
enough evidence the inmate received inadequate medical care after his
Gary Rummer, 50, suffered head trauma while being
restrained at the jail in 2003 and died in a Raleigh hospital a couple
of days later.
Hilarie Scarbro, administrator of Rummer's estate,
sued the sheriff's office and the deputy involved in the incident. The
lawsuit was dismissed before it went to trial.
The appeals court
upheld the district court's finding that there was not enough
information to support a claim excessive force was used, because there
was no evidence the deputy acted maliciously.
But the appeals
court disagreed with the district court's decision to toss out the
inadequate medical care claim and kicked the case back to the lower
Rummer was taken into custody after being arrested for not fulfilling the community service part of a DWI conviction.
While at the jail, Rummer was treated for alcohol withdrawal and moved to a safekeeping cell, according to court documents.
a detention officer came into the cell to move him to a padded cell
because he was stumbling over other inmates' mats, Rummer was
uncooperative, the documents stated.
In trying to restrain
Rummer, Deputy Billy Ray Hudson took him down to the floor. Rummer hit
his head on the concrete. He was bleeding and could not walk on his own.
Hudson no longer works for the sheriff's office.
being taken to the medical unit, a nurse who treated Rummer earlier for
alcohol withdrawal symptoms asked if he had fallen. Hudson said the
inmate had not and did not tell her about the restraint incident,
according to the court document.
Not knowing about the head
injury, the nurse prescribed medication for alcohol withdrawal and
recommended Rummer be transferred to Central Prison in Raleigh for
Soon after he arrived, Rummer was immediately sent to Wake Medical Center, where he died.
The autopsy showed that Rummer died of blunt force head trauma and that he also had a neck fracture.
the issue of whether Rummer received adequate medical treatment, the
appeals court pointed out Hudson noticed Rummer's condition had
seriously deteriorated after the takedown, according to the opinion.
the substantial risk of harm to Rummer was so obvious, a jury could
infer that Hudson knew that Rummer had a serious medical need,” the
opinion stated. “Therefore, the district court erred in finding that
Scarbro failed to provide sufficient evidence to show that Hudson knew
that Rummer was at serious risk of head injury.”
GREELEY — FBI investigators on Monday
said they've put up a $10,000 reward, hoping it will lead them to
Kayleah Wilson, the 12-year-old girl who disappeared March 28 as she
walked to a birthday party near her home.
A two mile walk down a busy highway.
Investigators said they've received 300 leads in the case, some of
which have led them to conclude that the girl was at the Greeley Mall
at the time she was supposed to be at the party. Others have led them
to California, where Kayleah's biological father lives, and to other
Still, investigators aren't sure she's even left Greeley.
At a Monday afternoon press conference, Greeley Police Chief Jerry
Garner fretted that perhaps the huge law-enforcement surge in the
search for the missing sixth-grader and the national media attention
that has come with it may have scared the girl — or friends who know
where she is.
He stressed that Kayleah will not be in trouble if she returns home.
Investigators refused to say whether anyone — including Kayleah's
mom, stepfather or 17-year-old boyfriend — has been ruled out as a
suspect. They are continuing to interview persons of interest, but
would not say who they are.
Kayleah was reported missing about 10 p.m. March 28, when she did
not return from a friend's birthday party, which was held about eight
blocks from the west Greeley apartment she shares with her mom,
grandmother and older brother.
Kayleah is described as 5-foot, 1-inch tall, 145 pounds, with brown
eyes and brown hair. She was last seen wearing a white and pink shirt
over a white tank top, bluejeans and white and red shoes.
People with tips about Wilson's whereabouts are asked to call 1-800-CALL-FBI (1-800-225-5324).
Cameras caught the man attempting to abduct a young girl in a church parking lot
MONTGOMERY, AL (WSFA) - Police say a man tried to kidnap a little
girl while she hid Easter eggs outside of a Montgomery church Sunday
As of Monday afternoon, Montgomery Police were following numerous leads, though there hasn't been an arrest.
On a day devoted to faith, togetherness, and fun, parishioners at Hunter Station Baptist Church don't know what to think.
"They're not safe at their home, they're not safe at the store. They're not safe at the church no more," said Jane Silas.
Luckily, this church has a surveillance camera--which caught the attempt on tape.
The attempted abduction started during Sunday worship. A 10-year-old
girl and her brother stepped outside to hide Easter eggs for the other
children, according to police.
While the siblings were hiding the eggs authorities say the driver
of a black SUV passed the parking lot, circled back, got out, and asked
the kids to come over.
"He pulled up, attempted to talk to the subject's little
brother--who was 6 years of age--and began making small talk with him,"
explained MPD Sergeant M.E. Tatum.
The man's small talk then abruptly ended. "He grabbed her, pushed her in the truck," Silas said.
Police say the man also pushed the boy to the ground and tried to
drive off with the girl. At the same time, the quick-thinking girl
jumped from the SUV and ran off.
"I have to tip my hat to the young girl for her bravery and keeping her wit about her," Tatum said.
"She actually ran from the vehicle at the time he tried to get her in, and possibly saved her life,"
It's an Easter Sunday that could have ended much worse. Church members say they'll stay out with the children next time.
"If I had been five more minutes, I'd have been coming out when he tried to grab her," said Raymond Silas.
"We're going to have to watch them closer," Jane Silas explained. "Very, very, very close. So, you can't trust anything."
Right now, police are looking a white male in his late 30s or early
40s. Authorities say the man has a bald spot on the top of his head.
He was wearing a blue polo shirt and black pants and took off in a black, Nissan XTerra-type SUV.
Police say the little girl is safe and sound and thankful to be
alive. Major Huey Thornton of the Montgomery Police Department said the
police are following several leads, but as of mid-morning on Monday, no
one had been taken into custody.
If you can help police, call Montgomery Area Crimestoppers at (334) 215-STOP.
N.C. State football signee Peter Singer
had his third brush with the law in less than a year last month when he
was charged in Wake County with driving after consuming under age 21.
to court records, Singer was stopped by Cary police at about 2:50 a.m.
on March 20 on Tryon Road when he drove off from a Kangaroo gas station.
who turned 18 on March 23 and lives in Raleigh, submitted to a
breathalyzer test that showed he had a blood alcohol content of .07
percent. That's below the legal limit of .08, but it's illegal for
persons under age 21 to consume alcohol in North Carolina. Singer has a
court date of April 20.
He also faces an April 7 court
date in Chatham County on charges driving after consuming alcohol under
age 21, possession of a handgun by a minor and simple possession of
marijuana, court records show.
charges were made after a June 16 traffic stop. On that same day,
Singer received a prayer for judgment continued (PJC) in Orange County
on charges of driving after consuming under age 21 stemming from a
March 22, 2009 case.
In a PJC, a reprieve judges can give a first-time offender, a defendant pleads guilty but punishment is withheld.
N.C. State sports information director Annabelle Myers said Wolfpack coach Tom O'Brien would have no comment.
is a defensive back who played for Athens Drive High as a senior last
season. His father, who's also named Peter Singer, is legal guardian of
another N.C. State signee, offensive tackle Robert Crisp, who's
considered the No. 2 prospect in the state by recruiting services.
Efforts to reach Singer's family by telephone were unsuccessful.
Police have released more than 100 photographs of unidentified women
and girls amid fears they could be the victims of America's worst ever
The pictures were taken by Rodney Alcala, who was sentenced to death
by lethal injection for the savage murders of a 12-year-old girl and
However, the 66-year-old has admitted killing another 30 women
in the 1970s and police believe there could be many more victims.
killer Rodney Alcala in court shortly before he was sentenced to death
for the murders of four women and a 12-year-old girl
They have already linked him to the deaths of two Seattle
teenagers aged 13 and 17, and a 19-year-old who vanished from the same
area, as well as two women in New York and several more in Los Angeles.
The photos were discovered hidden in a storage locker in
Seattle, Washington, where Alcala, an amateur photographer, kept his
possessions before his arrest.
Although many of the 1,000 pictures were innocent poses in a park or on the beach, some women had stripped off for the camera.
Police believe that Alcala - who is known in the U.S. as the
Dating Game Killer because he once appeared on America's version of
Blind Date - kept the photographs as sick souvenirs of his victims.
women in the photos range in age from schoolgirls to women in their 20s
and 30s, and are believed to come from across the U.S. Two of the
pictures may have been taken after the women were murdered.
Prosecutor Matt Murphy said: 'We'd like to locate the women in
these pictures. Did they simply pose for a serial killer or did they
become victims of his sadistic, murderous pattern?
'He committed unspeakable acts of horror. He gets off on the
infliction of pain on other people. He's an evil monster who knows what
he is doing is wrong and doesn't care.'
Detective Claiff Shepard said: 'He's right up somewhere below
Hitler and right around Ted Bundy. It is not humane what he does to
these victims. It is tortuous.'
Alcala - who defended himself during his trial - preyed on
women and girls by offering to take their photographs.
He then raped
his victims, strangled them until they were unconscious before reviving
them and killing them.
The photographer, who is said to have a genius IQ of 160,
often boasted of his winning an episode of the American version of
However, the woman who chose him later cancelled their date
because she found him 'too creepy'.
Alcala appeared unconcerned about his fate on Tuesday, when he
was given the death sentence for kidnapping and murdering 12-year-old
Robin Samsoe, who disappeared after leaving home for ballet class on
her bicycle in 1979.
He laughed and talked throughout the trial at Orange County Superior Court, even after also being
convicted of murdering four Los Angeles women - Georgia Wixted, 27,
Jill Barcomb, 18, Charlotte Lamb, 32, and Jill Parenteau, 21 - between
1977 and 1979.
It took nearly 30 years for the law to catch up with him. He
was previously convicted twice of killing Robin, but the verdicts were
overturned. An earring that belonged to the little girl was also found
with the photo cache.
America's most prolific serial killer is often considered to
be Henry Lee Lucas, who was convicted of four murders in the late 1970s
although police believe he may have been responsible for more than 200.
After his imprisonment, Lucas confessed to 600 killings although he
later claimed he had lied to become famous.
Ted Bundy is believed to have raped and murdered 35 women
between 1973 and 1978, although police believe there are many more
victims. He was executed in 1989 by electric chair for his last murder
Published: Tuesday, March 30, 2010 at 11:02 a.m.
Last Modified: Tuesday, March 30, 2010 at 5:47 p.m.
( page all of 3 )
A man convicted for his part in the murder, rape and kidnapping of a
Shallotte teenager in 1994 was released early from prison Monday,
despite a petition from family and friends to keep him behind bars.
John Gamble, 46, was
released after spending a little more than nine years in prison for the
murder of 18-year-old Amy Frink. He is now in Brunswick County, said
Patsy Joiner of the state’s administrative parole commission.
started serving a 30-year prison sentence July 17, 2000, for being an
accessory after the fact to first-degree murder, rape and kidnapping.
Frink’s mother Birdie Frink said Gamble is now living within a block of
where her daughter’s car was found, and that it “is like a slap in the
released as part of The Mutual Agreement Parole Program, which is
available to inmates who committed crimes before Oct. 1, 1994, and were
sentenced under the state’s Fair Sentencing Act. They also must be
within three years of parole eligibility and be infraction-free for 90
days prior to being recommended for parole, according to the Department
said Gamble will be under supervision for 90 days, and if he breaks
parole he’ll be sent back to prison. He does not have to register as a
sex offender because being an accessory after the fact doesn’t require
it, she said.
family and friends circulated an online petition and sent it to the
parole board, asking that Gamble not be released early.
Amy Frink’s friend Connie Babson said they gathered 757 signatures but did not get a response from the parole board.
“We are all heartbroken and devastated over this,” she said in an e-mail.
Frink said that she and her husband did not know about the petition
until a few days ago and that by 5 p.m. Tuesday the signatures had
grown to around 1,400. She said she was grateful for all the support.
Frink said she knew the petition would have no impact on the parole
board’s decision but she will use the support to advocate for
legislation to change the lingering effects of the Fair Sentencing Act.
Joiner said Gabmle’s release had already been determined before the petition was received.
“The commission basically had no choice in that,” she said.
June 23, 1994, Frink was tortured, raped, stabbed and eviscerated in
Brunswick County. Her killers left her to bleed to death across the
state line in South Carolina, authorities said.
Gamble previously told the Star-News he is serving time for a crime he didn’t commit and regrets helping prosecutors.
other man convicted of being an accessory to Frink’s murder was set
free in 2008. John Paul Counts, 42, was released early from prison for
three other suspects in Frink’s murder. None has been charged in the
case, although they have served time on unrelated charges.
District Attorney Rex Gore has said the case remains open.
said she could not believe Gamble and Counts do not have to register as
sex offenders. “I just don’t understand what legal logic makes that
acceptable,” she said.
said the online petition against Gamble’s release will stay up, and she
and others plan to help Birdie and Barry Frink advocate for tougher
“We are rallying
with Barry & Birdie Frink to help them change the laws that gave
these murderers more rights than the victim they slayed, and to enforce
stiffer sentencing,” she said in the e-mail.
Birdie, founder of the victims’ support group Justice for Citizens, said she and Barry plan to fight to change the system.
“We still need more changes in the judicial and the correctional systems,” Barry Frink said.
For two weeks, police said, a 10-year-old girl went to school terrified
that her father would kill her and her 2-year-old brother if she told
anybody what had happened at home.
Her mother was missing, and
her two sisters, ages 13 and 1, had already been killed. Their bodies
were locked in an upstairs bedroom of the family's south Charlotte
apartment, police said.
So the little girl said nothing - until
Monday, when police began to unravel a grisly series of crimes they say
were committed by a package handler who hinted at family troubles on
his Facebook page.
"What this man did was despicable and cowardly," Homicide Capt. Paul Zinkann told reporters, fighting tears at one point.
continued to go to school. ... She felt that she needed to maintain
some composure," he said. "She did not ask any questions because she
didn't want her little brother killed."
The killings began about
two weeks ago, police said, with the slaying of 35-year-old Nateesha
Ward Chapman. Police say her husband, Kenneth Jermaine Chapman, 33,
suffocated her in an apartment on Via Romano Drive, from which the
family had recently moved.
Within a day of her killing, police
say, two of Nateesha Chapman's daughters were also slain, in the
family's new apartment at the Berkshires on Providence, around the
corner on Providence Square Drive. Nakyiah Jael Chapman, 1, was
suffocated andNa'Jhae Parker, 13, was stabbed.
Late Monday, a
family member asked police to check on Nateesha because he hadn't heard
from her. When officers knocked on the family's door, police said, two
children ran out and Chapman fired a shot at the officers. Chapman then
fatally shot himself.
Investigators gleaned most of their
information from the 10-year-old girl who escaped with her 2-year-old
brother Monday. She attends Lansdowne Elementary, but police have not
released her name. The children are with relatives.
The girl told
police she knew her mother was dead in mid-March, after her parents had
a fight one night. The next day after school, "She came home and she
never saw her mother again," Zinkann said.
Later that day, the girl heard her sisters screaming upstairs. Then silence.
After that, the door to an upstairs bedroom remained locked.
the next two weeks, the girl's father didn't talk about her missing
family members, she told police. He only asked her occasionally if she
smelled anything. The girl tried to protect her little brother by
acting as if she suspected nothing.
Playmates would come to the
door asking for her older sister, and the girl's father told her to lie
about her sister's whereabouts, police said.
members would call the house, police said, and Kenneth Chapman would
say his wife was busy or at work or not available by cell phone.
at McClintock Middle School called the home twice after
eighth-graderNa'Jhae Parker began accumulating absences. They spoke to
the father, who said she had health problems.
Principal Pamela Espinosa said the killings devastated the faculty. Both parents were involved in the school, she said.
"We take care of our children," Espinosa said. "It grieves me that we were not able to take care of her."
"Na'Jhae was just a wonderful, outgoing, bright child," she said. "It's hit the school so hard."
was not Kenneth Chapman's biological daughter, police said, but the
other children were. The girl told police that played a role in why he
spared her and her brother.
At one point, Zinkann said, Chapman
held a gun to the 10-year-old girl's head while she begged for her
life. "He said, 'I'm not going to kill you, basically because you're my
firstborn daughter, and he's my firstborn son.'"
family moved to Charlotte less than a year ago. Public records show
they moved from Martinsburg, W.Va., last year and resided in New York
and New Jersey before that.
Chapman family members declined to
comment Tuesday. Neighbors said they barely knew the family of six, who
had moved into their new apartment less than a month ago.
Kenneth Chapman got a job working for FedEx, but the family struggled with money problems.
Chapman declared bankruptcy in New York in 1998. The family was sued by
creditors in at least three states. In 2008, a pediatric practice took
her to court in Virginia for a debt of $855. She paid that debt last
Landlords at the apartment complex where Nateesha Chapman
was found dead began eviction proceedings against the couple three
times since last September.
But neighbors never saw troubling
signs - the children seemed well cared for, the couple never had public
arguments. There was no history of domestic violence in Mecklenburg,
according to records.
James Nash, who lives two doors down from
the apartment where the children died, said he had only nodded to his
new neighbors in passing. He remembers seeing the kids playing outside.
Over the last two weeks, family and friends twice called police about the Chapmans.
On March 19, a friend called 911, saying he feared Kenneth Chapman might be suicidal.
"He called me Tuesday and told me to check the news in a few days, he was gonna be famous," the man told 911 operators.
caller said Chapman had also sent personal goodbye messages on
Facebook. The Web page shows Chapman recently changed his marital
status from "married" to "single."
The 911 caller also told police that Chapman had a .45 caliber pistol and a rifle.
response, an officer went to the family's old apartment on Via Romano
Drive and found the door locked. Police would find Nateesha Chapman
dead there 10 days later.
A second call to 911 came about 11:15
p.m. Monday, when an uncle reported that he hadn't been able to
reachNateesha for two weeks.
He'd stopped by at least four times,
he told dispatchers, and her husband had a different story each time
for why she wasn't there.
"It's 11 o'clock at night and she's
always there, and she hasn't made contact with us in two weeks," he
says on the 911 recording. "There's always an excuse - she went to
work, she went to Wal-Mart."
"They've had arguments in the past, so after two weeks ... I'm a little concerned."
Police went to check on the Chapmans late Monday, and found the door to apartment 179 standing open.
They saw Kenneth Chapman inside and asked if they could speak with his wife.
He called upstairs for her, police said, then invited them in. Officers were suspicious and stayed outside.
Then the two children came running out.
Chapman fired shots toward the officers.
When the shooting stopped, they went inside and found Chapman on the stairs, dead from a self-inflicted gunshot wound.
Researcher Maria David and Staff Writers Lisa Hammersly and Ann Doss Helms contributed.
Bernard Madoff, who is serving a 150-year sentence in North Carolina
for running a fraud scheme that cost investors billions of dollars, was
physically assaulted by another inmate in December, according to three
people familiar with the matter.
After the attack, Mr. Madoff, who pleaded guilty a year ago and was
sent to a federal prison in Butner, N.C., was moved on Dec. 18 to the
prison's low-security medical center for treatment. At the time, the
Bureau of Prisons said that rumors of an assault were false and that
Mr. Madoff suffered from dizziness and hypertension.
One of his lawyers, Ira Sorkin, added at the time that Mr. Madoff
was experiencing high blood pressure and heart palpitations. Mr. Sorkin
declined to comment Wednesday on whether his client was beaten, saying,
"I don't comment on prison conditions or his family. That has been my
Mr. Madoff was treated for a broken nose, fractured ribs and cuts to
his head and face, according to a felon currently at Butner serving
time on drug charges who was familiar with his condition at the time.
The details of the injuries couldn't be independently verified.
A Saginaw woman is in custody for allegedly prostituting her 10-year old daughter to a local drug dealer and businessman.
Blackwell, 47, is awaiting her preliminary trial for charges of
pandering, also known as pimping, and one count of criminal sexual
conduct. Police say Blackwell is accused of selling her granddaughter
in exchange for cocaine and other narcotics.
The suspected drug dealer, Johnnie Lee Griffin of Saginaw, is on the Crime Stoppers list of wanted criminals.
alleged that she traded the granddaughter to this gentleman for
narcotics and in exchange he was allowed to sexually assault her," said
Sargent Joseph Dutoi.
Now police are on the lookout for Griffin, who faces multiple criminal charges.
Griffin is convicted, he will face a mandatory 25-year jail sentence
because the victim is under the age of 13; however, the charges won't
end there. Once convicted, Griffin will face two counts of criminal
sexual conduct one, one count of criminal sexual conduct two, and
additional charges for the narcotics found in his home on Owen Street.
Blackwell, on the other hand, could face a 20-year prison sentence for
pandering and pimping. She also faces charges of conspiracy to commit
criminal sexual conduct.
Police say they
learned of the incident from another minor involved in a second
criminal sexual conduct case pending against Griffin.
are not releasing information on this case, but say it is being
investigated. In the meantime, the Crime Stoppers Unit is asking for
help pinning down the suspect.
like to get his picture and his face and his name out to community
members in hopes that he will either turn himself in or that someone
might see him and call either the Saginaw Police Department or local
authorities," said Dutoi.