Wednesday, January 7, 2015

Dear Judge Green: This isn't broken?

You're 16, so beautiful
Readers may remember the carjacking that took place in front of the Flowood location of Bed, Bath, & Beyond in December. The female victim certainly does.  Flowood police arrested a 16 year-old Eddie Devine of Jackson.  He is currently being held without bond in the Rankin County Detention Center.  However, JJ dug into Devine's history.  It is a history of violence, rape, kidnapping, and carjackings.  He has been repeatedly indicted and released.   The first question that should be asked is why Devine was free to carjack a women at knife-point last month.

Here is the WLBT story on the FLowood carjacking:

 Around 6:30 p.m., investigators say the woman had just left the store and got inside her car, when the suspect threatened her with a knife, dragged her out of the car and stole both the vehicle and her purse.

Flowood Police and the Rankin County Sheriff's Department responded. The woman was not injured. Investigators were able to locate the victim's car thanks to a GPS application on her cell phone.

"Approached her with a knife, drug her out of the vehicle, stole the vehicle from "Bed, Bath and Beyond," said Sgt. Clint Hatch with the Flowood Police Department. "We were able to recover and locate the vehicle outside The Blake, beside JCP here. The only thing that's missing is her purse and an undisclosed about of currency."
WLBT reported his arrest on Christmas Eve:

A teenager out on bond after a Jackson rape case is back behind bars. This time he was arrested by Flowood Police and charged with one count of carjacking.

Just after 6:00 Monday night, a woman leaving the Flowood Bed, Bath and Beyond was carjacked. Police say Devine had a knife with him, took the woman's keys and stole the car. It was located soon after at the nearby retirement community, The Blake. That was thanks to GPS on the woman's phone that was left in the car.

Fingerprints from car the matched Eddie Devine, Jr's.
Readers may remember the April case where 16 year-old Eddie Devine and a 13 year-old accomplice kidnapped and raped a woman who was able to escape at a gas station. WJTV reported on April 22, 2014:

A 29-year-old woman told officers she was raped three times by the younger of two teenage boys during the course of a carjacking and kidnapping, according to a Jackson police report.

The incident began about 11:50 a.m. Saturday, at an apartment complex on East Northside Drive, according to the report. The woman told officers she saw two teenagers in the parking lot as she walked to her car to go to work. As she walked by them, she was hit in the head with what she believed to be a gun and was forced into her car, according to the report.

The woman told police that her attackers were both very young and one of them was no older than 14 and weighed about 100 pounds.

The suspects asked the woman for money -- first $20,000, then $4,000 and $300, the victim told police. When she told them she didn't have any money, she was hit in the head several times with a handgun and then raped by the younger suspect while still in the parking lot, according to police.

The attackers then drove the woman to another location where she was raped again, police said....
 When the teenagers stopped for gas at the S Mart on North State Street, she was able to unlock the door of the car, roll onto the ground and go inside the gas station for help, according to the report.
The woman told police she was raped only by the younger of the two boys. During the attack, the woman was raped with a gun and an ice pick, according to the report.

The woman was taken by ambulance to the University of Mississippi Medical Center, where she remained hospitalized Tuesday, police said.

Police on Saturday arrested Eddie Devine, 16, and Remy Harvey, 13, and recovered the victim's vehicle, authorities said.

Police arrested Eddie Devine.  Jackson Municipal Court Judge June Hardwick refused to set bond for the accused rapist and kidnapper.  However, Hinds County Court Judge Houston Patton issued an order on June 16, 2014 denying bond to Devine - but stipulated that he was to be released from jail if he was not indicted by September 1, 2014.  Judges will impose such conditions so as to encourage the prosecutors to move cases to trial.  He was not indicted until October 2, 2014 for eight counts of rape, kidnapping, assault, roberry, and other crimes.  Eight counts. Let that little fact sink into your head for a minute.  He was still in jail in jail for some reason and the indictment was served on him on October 15.  However, Devine was released from jail on October 17, 2014.  You read that correctly-  he was released from jail. He has yet to be arraigned on the indictment. 

Sources in the Hinds County Sheriff's Office told JJ that the computer system showed the release order from Judge Patton but for some reason did not show the new indictment.  Thus this little thug was released from jail to go out and carjack again.  However, this was not Devine's first indictment.

A Hinds County grand jury indicted Devine on July 12, 2013 for carjacking.  Circuit Judge Winston Kidd set his trial for February 10, 2014 on September 3, 2014.  Judge Kidd set his bond at $50,000 on December 6, 2013.  His attorney is Darla Palmer.    Devine has yet to go to trial.  The docket (see below) only lists four events: indictment, execution of capias, setting of trial date and bond, and the continuance of  his bond.  No trial, no hearings, no nothing.

There you have it.  Devine is indicted for carjacking in July 2013. He is allowed to post a bond and remain free.  No trial every took place.  He carjacks, kidnaps, and repeatedly rapes a woman in April 2014.  The Judge refuses to set bond but puts an expiration date on the no-bond order.  He is indicted but gets out anyway.  He is never arraigned on the indictment.  He then carjacks a woman with a knife in Flowood just a few days before Christmas.   All before his seventeenth birthday. 

Don't worry, the interim Hinds County District Attorney on this case, Michael Guest (yes, that was sarcasm), said the court in Rankin County, issued a no-bond order for Devine and he will enjoy hospitality courtesy of the Rankin County taxpayers until he goes to trial. 

No, Tomie Green, the criminal justice system in Hinds County is not broken.  Hell, if this is not example of broken, what is?


Anonymous said...

Who is going be our next DA & Sheriff? Both are total morons.

btw, does Schuler Smith wax his eyebrows?

Anonymous said...

Both of those clowns need to be voted out. I want to see who runs against those two. Shuler-Smith seems as if he is in cahoots with the criminals and Lewis is just blah.

Anonymous said...

This is a prime example of the pathetic judicial system and the elected judges operating in it. This is solvable, however, by the election of competent, conscientious individuals This is most recently made apparent by the election of a totally incompetent Larita Stokes. We deserve this kind of result in Hinds County, however, the people of Rankin County do not........yet.

Anonymous said...

Why is Judge Green's name mentioned in this headline?

Place blame where the blame actually lies: with the elected District Attorney and his assistants who do not communicate with one another. They have just as much right to file oppositions to bonds, request hearings denying bond, yet there is almost zero chance you'll find anyone from the DA's office filing any sort of written response to anything.

Avery Wiseman said...

@7:13, since you asked, the choice is yours. You could have Michael Guest as your DA and either Bryan Bailey or Randy Tucker as your sheriff. On the other hand, you could stay where you are. We make choices and we live with them.

Anonymous said...

[AND] the Pollyannas, Cheerleaders and Apologists wonder why the actual taxpaying class is leaving Jackson and Hinds as fast as they can rent a moving truck.

Anonymous said...

Well said 8:50

Bill Dees said...

Has Eddie Devine ever been convicted of any of the charges brought against him? Has he ever gone to trial? If he's never gone to trial then the fault lies with the Office of the District Attorney.

Anonymous said...

I live in Jackson.

Walked up to a Dogwood retail establishment before Christmas.

As I approached the front door there were two Flowood PD officers with three young black males face down on the ground and cuffed.

As I passed overheard one of the officers ask one of the perps where they were from to which the perp responded 'Jackson'.

The officer then very nicely in an almost fatherly tone responded, and this is near verbatim, "Well young man you made a very big mistake today shoplifting in Flowood. We don't take kindly to that sort of behavior here in Rankin County. I hope this is a wake up call for you.".

The Flowood Police Officer sharing that message was black.

Anonymous said...

Well, it looks like they may be about to try Michael J. Brown for the money he stole from Aaron Henry's grandson? Only took them two years from the time Rankin County got him.

Anonymous said...

8:27 By consensus, Judge Green is the worst judge in Jackson as far as releasing violent criminals back into society to repeat or escalate their offenses against innocent victims is concerned (and in many other areas, but that's off-topic in this thread).

Benjamin Franklin pointed out that in a democracy voters get the government they deserve.

Anonymous said...

@9:42 You have to either give the accused a trial, grant bond or risk having a conviction thrown out for violating a speedy trial violation. Judges cant try criminals, but are responsible if they don't get a speedy trial. If you don't want criminals to g et out on bond then the alternative is to try them and get a conviction. The MS Supreme Court has addressed this. Otherwise you're in a lose lose situation

Anonymous said...

I like Guest but if you think he has any more knowledge of the law that Smith you're hopelessly wrong. Michael at least will admit he doesn't know anything. Would love to have Michael try more cases!

Kingfish said...

Clarion-Ledger on October 14, 2014:

Hinds County's criminal justice system might be bent but it isn't broken, a senior circuit judge says....

Green said most cases are moving through the system within two years. She said in some cases inmates may stay in jail longer because of factors such as waiting for a mental exam or because their initial trial ended in a mistrial. Also, Green said if an inmate is a danger to the community, he can't be let back on the street.

District Attorney Robert Shuler Smith said cases are moving through the system faster and he doesn't believe the system is broken. Smith convened the grand jury that filed the latest grand jury report.

Anonymous said...

The Mississippi Supreme Court will not overturn a case for a speedy trial violation. Everyone knows this so the speedy trial provision is no threat whatsoever. If you're out on bond and commit another crime, you should not be able to get out again until you are tried (and only then if you are acquitted). Hinds County is a mess. We need a new DA. And replacing that idiot Green would be helpful.

Anonymous said...

A good start would be for people to go to the polls and vote. There is always a low turnout of registered voters, and surprisingly many people qualified to vote, that aren't registered. The unregistered voter will be one of the biggest complainers. If you don't vote, you have no right to complain.

Anonymous said...

Well if he had a pending 2013 indictment and was arrested for the crimes of sex battery, kidnapping, etc. in 2014 then the DAs office should have filed and Article 3 Sec. 29 motion. The constitution says that if you are out on bond and commit a felony offense that carries 5 or more years, your bond shall be revoked.

Kingfish said...

9:39: But they have not indicted the father even though he admitted on the stand in Rankin under oath to embezzling from his son's estate.

Pittpanther said...

KF, agreed this is ridiculous.

Can the carjacking victim sue Hinds county? If the county had performed its duty, the perp likely would not have been able to commit that crime in Flowood.

So what can we do now? Other than waiting for an election, what can we do? These people should be embarrassed publicly, 60-Minutes style.

Anonymous said...

Speaking of crime, there has been a string of car break-ins in the (Greek eatery next to Baptist) parking lot over the last two months. I am surprised this hasn't been discussed on JJ. Also I am surprise it has taken them over two months to install their cameras they claim is almost finished.

Anonymous said...

12:05, that all sounds great until you look at Jackson's demographics. The voters ARE getting who they want. The more people who register to vote / go vote won't change that. The demographics will bear that out.
Jackson has changed. Permanently.

Anonymous said...

Heard the same about the Greek restaurant near Baptist. Seems like a vehicle gets hit every few nights in their parking lot during peak dinner time, yet the manager on duty gives the same story....the cameras are installed just not recording yet. Been a regular customer since the mid 90's but won't be back until they get serious about protecting their patrons' belongings.

Anonymous said...

It may already be too late, but reasonable Jacksonians will learn one day that the "crime is expected in larger urban cities" argument does nothing except breed tolerance of behavior that endangers the city's occupants and erodes the tax base. Is it a fact of larger cities across the nation? Sure, but the attitude of sugar coating crime makes it worse. Voter turn out is low, even in NE JXN, which exacerbates all issues. Too many businesses refuse to take appropriate security measures to protect their businesses and their customers, while demanding the cops be all places at all times.

Anonymous said...

I was at a local car club meeting that has been held at a jackson establishment for many years. Had the first meeting in Rankin county after last month they busted in a windshield on a guys work truck. Its happening everywhere, and I'm not sure if the peers of the recently appointed Mrs. Stokes want anything more than to push the (we'll call them taxpayers) out and then take over. I think that is actually a thought. You have certain "atty's" that praise stokes and lumumbas actions as to say "yall do as you please, we'll get you out, or get someone in office that wont care as much in the name of race or civil rights". Seems to align with the Kush Plan, or Progressiveism, or whatever happens to be taught after lunch at certain churchs...

Anonymous said...

3:04 - several of the people who are not registered to vote would/could change the demographics. They are people who don't register because 'they don't want to be called for jury duty'.

So, they actually double the problem. Don't vote for decent judges or DAs, and aren't willing to serve on juries.

Anonymous said...

3:26 I firmly believe that the cops in Jackson have learned to NOT arrive at the scene until long after bad guys have gone. They then offer themselves as uniformed (but off duty) police to 'assist' the business owner at additional (contract) pay to pad their meager patrolman salary. Ask the convenience store and restaurant owners in Jackson.

KaptKangaroo said...

Panther - I agree, an expose on the entire Jackson Court System would serve Downtown Businesses and the Surrounding Communities.

Hey Jason - you listening? How about marching across the street and start doing some real investigative reporting.

Anonymous said...

On another note, their parents must be so proud.

Anonymous said...

This is 9:39. I didn't realize that the Daddy hadn't been indicted. Another example of a broken "system".

Anonymous said...

If you want to make a difference, show up to serve on a jury rather than trying to get out of it.

Anonymous said...

yeah, White, professional, and republican, you would be kicked off by the selection process immediately.

Anonymous said...

Sounds like Rankin County has a crime problem.

Anonymous said...

The violence of the 2013 rape should have assured neither of these two boys were free before their 18th birthday. How can Schuler-Smith's office even begin to justify their being out to torment others?

Anonymous said...

If this guy had felony charges on him in Pearl, why did Tyrone Lewis let him out of the Hinds Co. jail?

Anonymous said...

3:04's comment yesterday afternoon regarding Jackson's demographics does not reflect what is actual. Just because the majority of Jackson is black does not mean they want or accept crime. 95% of the blacks in Jackson want it cleaned up. If all of our major media were to do investigative reporting and consistently educate as to who and where the "soft on crime" areas are, then the same "softies" would not be re-elected. Most of Jackson's black population go to church, mow their yards, work to support and better their families and deplore the criminal element which is mostly black.

Anonymous said...

@ 5:27 - I don't believe they were saying the demographics accept this behavior. However, they will elect someone like Green, Smith, or our toothless Judge over a better candidate that is white or perceived as an Uncle Tom.

Kingfish said...

Why wasn't a motion to revoke his bond on the July 2013 indictment filed when he had his April crime spree?

Anonymous said...

@Kingfish, for once, I agree with you. No action was taken by the DA's office when they had the knowledge that a new crime had been committed while out on bond for the original charge.

You cannot blame the courts when the courts are not notified by an elected official and/or his assistants. I challenge anyone to find a written motion by anyone from the DA's office where this happens. It simply does not happen. Every motion is made ore tenus, which is basically Latin for "I'm too lazy to write this motion, so please hear what I have to say."

Anonymous said...

Can you please follow up and let us know how Joseph Mcdougle is his co defendant when he doesn't know him.

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Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).

Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.

In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.

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Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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