Remember Holly Mitchell? He is the teenager who was found in possession of an M-16 assault rifle & magazine clip at a West Mecklenburg High School football game on Sept. 29, 2006. (View Post)At the time of Holly Mitchell’s arrest for possession of a gun on school property, he was on probation for stealing a car in November of 2005.
According to court documents, Holly and his partner in crime Rashawn Hood, were caught in a stolen vehicle by police on Nov 22, 2005.
Holly Mitchell struck a deal with prosecutors and pled guilty to conspiracy to commit larceny of a motor vehicle. Holly was sentenced on August 14, 2006. He was sentenced to a 36 month suspended sentence; supervised probation for 36 months; 72 hours of community service (to be completed within 90 days); $100 restitution to the victim; obtain a GED/High School diploma within 18 months and he must pay probation fees & court costs.
Less than two months after Mitchell was sentenced, on Oct 5, 2006, his probation officer filed a “probation violation report.’ Holly violated his probation by not performing any community service hours and he was not paying his court fees. The court issued a warrant, he was arrested and spent eight days in jail.Mitchell’s probation officer filed a second ‘probation violation report’ on Dec 8, 2006. Holly’s violations included the same as the first report and his probation officer added his Sept 29th possession of a weapon charge to his list of probation violations.
Holly Mitchell appeared in Superior Court on January 4, 2007 for his probation violation hearing. At the hearing, the District Attorney’s office, Charlotte-Mecklenburg police and his probation officer recommended that Mitchell's probation be revoked and he serve out his full sentence of 5-6 months in the department of corrections.During the hearing, Prosecutor Gabrielle Macon presented the MK-16 assault rifle and magazine clip Holly had at the football game as evidence. She informed the Judge of Holly’s continuous criminal behavior and his wanton disregard of a Judge’s order. The Judge also heard testimony from Charlotte-Mecklenburg police officers investigating the weapon case.
Also in the courtroom was Holly Mitchell’s mother. She made an impassioned plea to the Judge not to send Holly to jail. The Judge listened...
Judge Linwood O. Foust disregarded the recommendations of Holly’s probation officer, CMPD police officers and the prosecutor. He gave Holly a slap on the hand and sentenced him to the following conditions of release: 10 days of weekend jail (Friday 6pm- Sunday 6pm); He must pay owed court costs (payments of $60/mo starting on Feb 4th); He must obtain a high school diploma in 15 months and he is not allowed on any CMS/school property for 2 years.Our court system is beyond broken. If the DA doesn't dismiss the charges and the felon is actually sentenced- it doesn't seem to matter if they violate probation. Mitchell's next scheduled court date is on March 1, 2007.
13 COMMENTS:
He is hopeless. He'll show up on a hot summer night as homicide 35, either as the victim or the shooter. We had our chance to pull him from decent society and we missed the opportunity. Thank you judge......
Another problem is that a few months o\in jail won't likely do anything but make him meaner. Maybe the judge is hoping the kid can change before he pours gasoline on the fire by putting him in a bad guy training camp ( jail ) for a few months.
That's the 'benefit of the doubt' post.
rime will never go down in charlotte because of this, our system sucks.
Could this be the same AR15 rifle stolen from Carolina sporting arms a few years back? The AR Rifle is often confused with the M-16 as it is the civilian version lacking the automatic fire components
This kid will be at again, you wait and see. Knuckleheads like Mitchell need to be behind prison walls to see how the true, hardcore 'gangstas' live since Mitchell and others want to live this life. Sometimes, you have to make examples out these LDs(little dummies).
These liberal judges listen to the pleas of the criminal's mom, and go home at night to Myers Park and live an existence that is worlds away from the violence they foment.
If these judges had to live in this criminal's neighborhood for even a few days, things would soon change.
The team is at fault, beyond a shadow of a doubt. But who is really at fault in this particular situation? Judge Lindwood Foust. Whatever happened to making our streets safe? Allowing this kid back on the streets with nothing but a slap does not teach respect. This kid will continue to commit crime and we can all send a thank you note to Foust. He should lose his job.
Well - see, there you go - another example of how not only the court system is broken, the election process is too. To get elected as a judge, all Foust had to do was be in the top 2 positions out of 3 total. Therefore, as Karl Adkins only got 27.1% and Foust got 27.31%, Foust got elected. In fact none of the 3 positions got even close to 50% of the people actually wanting them to be a judge. Under what screwed up procedure can your qualifications be ratified by only slightly more than a quarter of the population, actually QUALIFY you to hold office?
Do you guys really think the streets would be safer if Foust had stuck him in county for a few months?
I don't. It's not like he'd get much time at all - and probably just get more hardened in county.
It's the entire system - not one judge.
FWIW - I live in Myers Park, 2 blocks from the mayor, and we have crime here, too. My next door neighbor's house has been broken into and they had their car stolen also.
We don't have chickenheads and drug dealers wandering around, but we have guys like this casing houses. I have a mastiff - they don't come to my house. I'd like to see them wet their pants when my 250lb dog looked in their direction.
I realize the gun Mitchell was carrying has been reported differently by all the media outlets.
On Friday, I went down to the courthouse and pulled the case files to gather information for this post… In all the court documents, the weapon is listed as an M-16 rifle.
I made copies of some of the documentation but I do not have a scanner yet to post the info here. Soon, I hope!
I believe this boy will kill someone. He is bad, a bad seed. Should be in jail for many years, life in jail, would protect the community. To keep from being his victim, leave the area.
Liberals will always protect and try to help the criminal not the public. They want us to try and understand why criminals steal, sell drugs, kill, etc. Harsh punishment does not exist, so we have high crime. Spare the rod, you spoil the child.
Yeah the court system is a joke they sentence him to receive his high school diploma in 15 months yet they say in the next breath he is not to be on any CMS property for two years. Who did the math on this one? Did they get help?
He must go to CPCC to get his G.E.D.
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