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Opinion | Slain Birmingham officer needed our help

Josh Moon

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On Sunday, Birmingham Police Sergeant Wytasha Carter was shot and killed by some criminals who were apparently trying to break into cars.

Carter died at the scene. His partner was also shot, and remains in critical condition at UAB Hospital.

It was senseless. And stupid. And maddening.

And not at all unpredictable.

In fact, it’s astounding that it has taken this long for a cop in one of the most violent cities in America — one of the most violent industrialized nations on earth — to be killed. Carter was the first police officer murdered in the city in 14 years.

In that same city, more than 200 people have been killed — most of them by gunfire — in just the past TWO YEARS.

And it will get worse.

It will get worse because we continue to turn a blind eye to the root causes of the violence that permeates our major cities: under-education, extreme poverty, drug use and a flood of easy-to-obtain firearms.

To put that another way: you have large groups of people who are hopeless, desperate and angry. They have been failed at every step of their lives — by their parents, their government, their schools and their justice system. They have been immersed in horrific violence since birth. They have no idea what acceptable conflict resolution even is, much less how to practice it. And they have been afforded ridiculously easy access to any firearm they would like.

A few years ago, as Montgomery suffered through one of the ugliest and deadliest years on record, I spent several days essentially hanging out in the highest crime neighborhoods — the projects, the abandoned apartment buildings, the neighborhoods you tell your kids to avoid when they start driving.

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What I found was depressing.

Because these were not bad people, They were not lazy or unmotivated. They were not happy with their lives, nor were they particularly hostile.

They were hopeless.

Every single day mothers in those neighborhoods sent their kids off to schools that they knew were failing them. Every day, they prayed that their kids found some crack to slip through and into a better life — maybe they would be great at sports or a gifted student who landed in a magnet program or … hell, anything.

But deep down, they knew.

They knew that at some point reality would take hold. Their kids, lured by quick and easy money, would fall into the gangs. The violence and crime would take root and become common. Juvenile detention facilities would follow. And probably, if their kids survived, jail and prison.

The stories are more nuanced, and there are more twists and turns along the way, but this was life in a nutshell for a good chunk of Alabama’s capital city.

The people had no hope.

And when such a thing happens, when you remove hope from hurting people, you also remove a valuation of life. Their life seems to be so utterly unvalued by everyone, so why should they value yours?

Or a cop’s?

This is where we are. And it’s getting worse.

You can get angry and stomp your feet and pretend that sticking kids in electric chairs or locking ‘em all up is going to solve it, but it’s not. Deep down, after centuries of that nonsense, surely you all know that by now.

The only thing that will solve it is love.

Until we love the poor kids, the black kids, the brown kids and all of the other kids who are a little bit different, this will never get better. Until we are as invested in the kids who dress in ratty clothes and have bad attitudes, in the kids who don’t speak the language well and who fight first and ask questions later, we will continue to produce murderers and cop killers.

It seems that Sgt. Carter knew this.

In interviews with local media outlets, those who knew Carter best said he served Birmingham because he wanted to make a difference in his city. He wanted kids and the good people to feel some measure of safety. He wanted kids to know there were alternatives to the gangs..

But mostly, he wanted the people in the worst parts of his city to simply know that someone cared about them.

Sgt. Carter didn’t die because his efforts were naive or misguided, or because the people he tried to help are too hopeless.

He died because not enough us joined him.

 

Josh Moon is an investigative reporter and featured columnist at the Alabama Political Reporter with years of political reporting experience in Alabama. You can email him at [email protected] or follow him on Twitter.

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Governor announces $219,000 in grants for ALEA

A $168,975 grant will be used toward a federally mandated sexual offender registration and residency program, according to Gov. Kay Ivey’s office.

Eddie Burkhalter

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(STOCK PHOTO)

Gov. Kay Ivey on Thursday announced $219,764 in grants to the Alabama Law Enforcement Agency (ALEA) to bolster the state’s oversight of those convicted of sex offenses. 

A $168,975 grant will be used toward a federally mandated sexual offender registration and residency program, according to Ivey’s office. Sexual offenders must register and report where they live after being convicted, and the funds will aid law enforcement officers in verifying those placed on the registry are meeting those requirements. 

An additional $50,789 grant is to be used to transition to a more comprehensive crime reporting system by a federally mandated 2021 deadline, according to Ivey’s office.

The new system will provide more detail about crimes, including the type of weapons used and characteristics about the location of crime, such as if it occurred in a rural or urban area.

“Protecting communities from sexual predators and reporting accurate records of crime statistics are high priorities for all law enforcement in Alabama,” Ivey said in a statement. “I commend ALEA for its commitment to making sure it stays in compliance with federal laws and working to close cases on known offenders.”

The U.S. Department of Justice grants will be administered by the Alabama Department of Economic and Community Affairs (ADECA).

“ADECA joins Gov. Ivey in supporting ALEA’s efforts to protect our communities from sexual predators and to make it easier for law enforcement agencies to share vital information with each other,” the director of ADECA, Kenneth Boswell, said in a statement.

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Opinion | A gruesome murder should point Montgomery in a new direction

The city didn’t arrive overnight at a place where 16-year-old girls are drinking smoothies after a gruesome murder, and the road out of it won’t be a short one either.

Josh Moon

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Montgomery's skyline (STOCK PHOTO)

The facts of 17-year-old Luna Pantaleon’s death are hard to stomach. The Montgomery teen was beaten with a metal pole and left to drown in a ditch. Her face was so badly beaten, with so many facial fractures, that the exact cause of her death couldn’t immediately be identified.

Her alleged killers are three 16-year-old girls. They reportedly went to McDonald’s after the murder and had smoothies. 

Those details were provided during a court hearing on Wednesday as reported by the Montgomery Advertiser. They are enough to cause you to pause while reading to take a deep breath. But these details are not the only ones that should get attention. 

The testimony of a Montgomery police detective who investigated the crime, and who interviewed the three girls who have essentially admitted to the crime, provided other disturbing details that paint a picture of the lives of Montgomery’s underprivileged youth — lives filled with violence and firearms, with late-night fights and “hits” put out on houses by 10th graders. 

This reality for many young people in Montgomery isn’t exactly a hidden secret. 

I can’t tell you the number of homeless teenagers I spoke with or tried to help while in Montgomery. I can’t tell you the number of conversations I had with middle schoolers who were in gangs, and who spoke openly about carrying handguns and other semi-automatic weapons. 

Don’t get me wrong. Montgomery is not the wild west, and every poor, Black person in the city isn’t part of a gang or spending their nights shooting at each other. 

But there is a level of violence and bad behavior that is growing and taking root in many communities. And it is happening because too many young people in those communities see no other viable alternatives. 

A never ending cycle of poverty and despair — a cycle that has lasted, in some cases, for multiple generations — has left them turning to other means of getting by, of finding love and acceptance, of finding guidance no matter how misguided that guidance might be. 

And every bit of it can be traced back to one problem: education. Or, in Montgomery’s case, the lack of it. 

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Segregation was common in all of Alabama in the 1950s and ’60s, but few cities in America clung to it as tightly as Montgomery did. When the Brown v. Board decision came down, private schools in Montgomery started to pop up — at one point a record number of them. And as the population grew, so too did the cities and the school systems surrounding Montgomery. 

In 2020, Montgomery’s private schools are more than 90 percent white. Montgomery’s public schools are more than 95 percent Black. Those numbers have not changed much over the years. 

But even more problematic is that Montgomery’s public schools are also serving a disproportionate amount of low-income students. That most of the poor people in Montgomery happen to be Black is a simple byproduct of the racism that saw Black citizens denied work, denied decent business loans, denied home loans for certain areas and denied acceptance into most state universities. 

And having a high number of low-income students means fewer resources, fewer involved parents and more students who struggle through no fault of their own, because working parents weren’t home to help with homework, or they don’t have internet service. It goes on and on and on.

Now, repeat those problems for a few generations. And, well, you get the idea. 

Exacerbating the problem for Montgomery, though, is a screwed up funding structure that has left its schools funded at the state’s lowest allowable levels. There will be an opportunity for Montgomery residents to fix that during Tuesday’s election by voting to increase property tax rates in the county. 

It is money that is desperately needed. But that money alone will not solve the issues. Because we’re way too far down the line at this point for a few dollars to fix what’s broken in Montgomery. 

It’s going to take the entire community putting aside their differences and their finger-pointing and their hate and actually working towards solving the problems, instead of just constantly pointing them out. It’s going to require a bunch of people to stop believing that skin color somehow makes a child less worthy of a quality education or more likely to be a criminal.

Mayor Steven Reed and several others have done a remarkable job to this point bringing together groups of people who have historically opposed any tax increases for the schools. He’s going to have to build on that goodwill going forward. 

Because while more money will certainly make a difference, it won’t put a parent in place. It won’t assure kids are getting quality medical care and mental health care. It won’t put food on the table at night or turn the broadband on. 

There will need to be more education options opened up for adults. There will need to be more comprehensive options available in some communities. This will take time and money, and it won’t be easy.

But here’s the one thing I know: the overwhelming majority of people in this world, and in Montgomery, want to succeed. They want to take care of themselves and their children. They want their kids to receive a decent education. They want a good job and to pay their bills and sleep easy at night. 

If you show them a pathway to such a life, they will take it. 

The city didn’t arrive overnight at a place where 16-year-old girls are drinking smoothies after a gruesome murder, and the road out of it won’t be a short one either. But passing this tax increase, and the community-wide dedication to this cause that it represents, is a damn fine start.

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Alabama Constable Association: Amendment 2 could defund constables statewide

Amendment 2, if approved, would delete language protecting how constables are funded statewide.

Eddie Burkhalter

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(STOCK PHOTO)

If Amendment 2 on the Nov. 3 ballot is approved by Alabama voters, it could pave the way for an end to an office in Alabama with a history in the U.S. that dates back to the 17th century, according to the Alabama Constable Association. 

Chauncey Wood III, president of the Alabama Constables Association, reached by phone Monday, referred a reporter to a pending press release from the association. Jonathan Barbee, constable for Jefferson County and the association’s spokesman, said in the statement Monday that the association is concerned with several aspects of Amendment 2. 

If approved, the amendment would process numerous changes to the state’s judicial system, including a change that would allow Alabama Supreme Court, rather than the chief justice, to appoint the administrative director of courts.

It would also increase the Judicial Inquiry Commission from nine members to 11 and would allow the governor, rather than the lieutenant governor, to appoint a member of the Court of the Judiciary. The amendment would also prevent automatic disqualification from holding public offices for a judge solely because a complaint was filed with the Judiciary Inquiry Commission. Additionally, it would provide that a judge can be removed from office only by the Court of the Judiciary.

Amendment 2 would also “delete certain language relating to the position of constable holding more than one state office,” and Barbee, in his statement, explained that the amendment could defund Constables statewide if counties chose to do so. 

“Constables are not taxpayer-funded, they are largely voluntary Peace Officers,” Barbee said. “The fees they collect from their duties as Officers of the Courts allow them to support the expenses of the office such as vehicles, uniforms, and equipment. Amendment 2 also deletes the language protecting how Constables are paid by private court fees, leaving it in question for the appointed Administrator to decide.”

In Alabama, constables are elected peace officers and act in many of the same ways as do sheriff’s deputies. They’re able to make arrests, serve court papers and provide security for parades, funerals and the like. 

Amendment 2 was sponsored by Alabama Sen. Arthur Orr, R-Decatur. Orr, in a message to APR on Monday, said that the portion of the amendment dealing with constables was drafted by an Alabama Law Institute committee, headed at the time by the institute’s deputy director at the time, Clay Hornsby. Orr referred questions about the matter to Hornsby. 

David Kimberley, acting deputy director of the Alabama Legislative Services Agency’s Law Institute, told APR that he took over as acting deputy director since Hornsby’s departure on Aug. 1. 

If the amendment is approved by voters, Kimberley said that a county that wants to keep their constable can do so, but that the amendment is an acknowledgement that there are few constables left in the state and it’s approaching becoming “an archaic position or office.” 

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“It was noted that only 24 out of the 67 counties currently have constables. Most of all the services of constables are duplicated sheriff’s deputies,” Kimberley said. “And it was essentially just an acknowledgement of what seemed to be a gradual phase out of this office in the state of Alabama.” 

Read Barbee’s full statement below: 

The Alabama Constables Association has joined other law enforcement and conservative groups in urging voters to vote “NO” on Amendment 2 in the general election on November 3rd.

Constable Jonathan Barbee, the Association’s Public Information Officer, said in a statement:

“We’re very concerned about several of the parts of Amendment 2, starting with the overall size and complexity of the Amendment. Typically, proposed constitutional amendments deal with only one or at most a few issues. Amendment 2 proposes SIX different changes to the State Judicial System, some of which drastically change the way we do things in Alabama.

“Amendment 2 could harm small communities by allowing county district courts to discontinue having municipal courts in cities with populations of less than 1,000.  Municipal courts are typically held at night, making it easier for working people to attend.  Without these small municipal courts, residents would have to spend most of a day at the county seat, losing a day of work or being forced to burn a vacation day for something that now is usually settled in an evening. It also indirectly attacks and defunds the Police departments of these towns, because their city courts are a significant source of revenue to help keep Officers on patrol. This part of Amendment 2 strikes at our small communities, drawing power to the larger county seats.

“Amendment 2 also removes the ability of the Legislature to impeach Judges, making the unelected, unaccountable to the people, Court of the Judiciary as the only body that can remove a Judge from the bench. Every citizen in Alabama should be concerned about this, because it effectively takes away their ability, acting through their elected representatives in the Legislature, to remove a bad Judge from their position.

“Amendment 2 allows Judges to continue working when complaints are filed against them with the Judicial Inquiry Commission.  We understand that automatically removing a Judge just because a complaint has been filed can lead to problems and abuses of the system, but these can be settled in a timely manner by the JIC. The alternative, which Amendment 2 will create, would allow Judges who need to be removed to continue hearing cases, and give them a legal basis for fighting their removal. We believe this has the potential for much more serious problems to arise within our courts.

“Amendment 2 could also defund Constables by removing our ability to serve as Constables while also working in another position with the State or County. Constables are not taxpayer-funded, they are largely voluntary Peace Officers. The fees they collect from their duties as Officers of the Courts allow them to support the expenses of the office such as vehicles, uniforms, and equipment. Amendment 2 also deletes the language protecting how Constables are paid by private court fees, leaving it in question for the appointed Administrator to decide. This could effectively defund the Office of Constable statewide, which removes the protection and services Constables provide in their communities at no cost to the taxpayers of Alabama. Over the last year, at least two Constables were responsible for saving several lives during medical emergencies, Constables in Jefferson County have been helping with traffic control and schools, and one Constable assisted with a large drug interdiction arrest. We feel this is an unnecessary and unwarranted attack on the oldest elected law enforcement position in the nation.

“There are other problems with this Amendment. Amendment 2 mandates that the entire Alabama Supreme Court, instead of the Chief Justice, appoint the Administrative Director of Courts. It would be a change from having a single elected, accountable official being responsible for this appointment to having it done by committee. Once the Administrator is appointed they could, in fact, serve a lifetime appointment.  Amendment #2 would also remove the ability of Alabama’s elected Lieutenant Governor to appoint one member of the Court of the Judiciary, giving that ability and more control to the Governor, who already appoints two members.  

“Many of these points are not easy to find, because the forces behind this Amendment have purposefully omitted them from the official documentation provided to the Alabama Secretary of State’s office. If for no other reason than this deliberate obfuscation of the true contents of this Amendment, it should be voted down. The people of Alabama deserve better than this attempt by special interests to radically change how our state’s Judicial system works, mostly as a smokescreen to hide how they will use it to protect bad Judges, inconvenience small-town residents, and make citizens across the state less safe.

“We urge the voters of Alabama to vote ‘NO’ on Amendment 2.”

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Alabama parole officers seize firearms, ammunition and drugs in Enterprise

The seized evidence will be presented to a grand jury for further action and to authorities for potential federal charges.

Brandon Moseley

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(STOCK PHOTO)

Officers of the Alabama Bureau of Pardons and Paroles on Wednesday seized two semiautomatic weapons, ammunition and drugs from a convicted armed robber in an operation in Enterprise. One of the seized weapons was stolen.

Alabama Bureau of Pardons and Paroles director Charlie Graddick praised officers Jared McPhaul and Troy Staley for their work.

“The first job every day of our officers is to protect public safety,” Graddick said. “These officers stopped a parolee with a violent history from potentially using illegal weapons to harm someone. We are all grateful for their hard work and dedication.”

The officers arrested parolee Jay Gatewood on a parole violation. Gatewood is out on parole after serving prison time for first-degree robbery and child abuse. Evidence of a possible parole violation was found after a search of Gatewood’s car.

The seized evidence will be presented to a grand jury for further action and to authorities for potential federal charges.

Parolees are required to report to parole officers periodically. Gatewood had failed to report for the month of October so McPhaul directed him to come to the Enterprise office to report. The officers had received a tip that Gatewood might be engaging in illegal activities.

When Gatewood arrived, the officers, acting on the tip, asked if there was anything improper in his vehicle. On questioning, Gatewood admitted to the officers that there was a gun in his car.

McPhaul and Staley then searched the vehicle and found two 9 mm semiautomatic handguns. They also found three ammunition magazines, two of which were fully loaded, and a jar of marijuana with a digital scale.

The parole officers turned the evidence over to the Enterprise Police Department. McPhaul said that one of the guns had been reported stolen.

On March 17, 2008, Gatewood was sentenced to 25 years in prison for the armed robbery of a Dothan law office. He received three additional years for a child abuse conviction.

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After serving just eight years of his sentence with the Alabama Department of Corrections, Gatewood was paroled in 2016. This was before Graddick was appointed the director of Pardons and Paroles. Gatewood has been supervised by parole officers since his release from prison.

For a convicted criminal to be in possession of firearms is a federal offense. That as well as the possession of illegal drugs and stolen property are all parole violations.

Gatewood, who has been jailed for the alleged parole violations, could potentially have his parole revoked for any one or more of these offenses. That will be determined in a future hearing.

Gatewood could potentially face new charges in the federal system for the gun charge. The stolen property and the marijuana could also be prosecuted in the state court system.

The possession of the digital scale is an indication that the marijuana was for other than personal use.

Depending on the amount of marijuana in the jar and any other evidence presented to the grand jury, Gatewood could potentially face a felony drug charge.

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