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State mourns loss of Huntsville officer Billy Clardy III

Brandon Moseley

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Friday, Huntsville Police Officer Billy Clardy III was shot and killed in the line of duty. Alabama Governor Kay Ivey (R) expressed her grief at the loss of yet another Alabama law enforcement officer killed defending the public safety of the people of Alabama.

Officer Clardy was part of a STAC team operation that set up a drug buy at a house on Levert Street Friday night. When officers arrived, LaJeromeny Brown allegedly shot Clardy. The officers maintaining the perimeter caught Brown after a short foot chase. Clardy was rushed to the hospital where he died from his wound.

Clardy was a fourteen year veteran of the Huntsville Police Department. His family has a long history in law enforcement in Madison County. STAC is a multi-jurisdictional federal drug task force led by the Huntsville Police Department.

LaJeromeny Brown, age 41, has been charged with capital murder for the slaying of Agent Clardy.

“I am grieved to hear of the Huntsville Police Officer killed in the line of duty and extend my deepest sympathies and prayers to his family for their unimaginable loss,” Gov. Ivey said in a statement. “It has been an exceptionally tough year for our law enforcement community, and this will be felt across our state. I will also be praying for strength for the Huntsville Police as they grieve the loss of their fellow officer, as well as for their continued protection as they keep us safe. May the Lord’s peace that passes all understanding be with the family and everyone who loved this dedicated officer.”

“With the loss of Officer Clardy, all of us lost a little bit of life yesterday,” Huntsville Mayor Tommy Battle said. “Clardy was the first officer I rode with after being elected Mayor, and I’ll never forget his spirit, his selfless dedication to this City and his true talent as an officer.”

“Officer Clardy was an exemplary Community Resource Officer with a special emphasis of taking care of the homeless,” Battle added. “In addition to being a member of the STAC team, Officer Clardy was a key member of HPD’s Anti-Crime team. He was a great example of the heart and soul of being a police officer. We stand united as a City, as a State and as a Nation in support of the Huntsville Police Department and the Clardy family.”

“A @HSVPolice officer has fallen tonight, killed by gunfire in the line of duty,” Alabama Attorney General Steve Marshall (R) said on social media. “As we mourn the loss of yet another one of Alabama’s heroes, let us pledge to find ways to keep law enforcement safe. Please pray for the officer’s family and fellow officers. #ThinBlueLine.”

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“Last night, a Huntsville police officer was tragically killed in the line of duty,” Congressman Mo Brooks (R-Huntsville) said. “My thoughts and prayers go to him, his family, and his colleagues. America’s law enforcement is all that stands between dangerous criminals and our families. Please thank all police officers who risk their lives for us.”

“All of Alabama is heartbroken again as another Alabama peace officer is gunned down in the line of duty,” U.S. Attorney Jay E. Town said in a statement. “The Huntsville Police Department investigator, whose name will be released tomorrow, will always be remembered as a good man and a fine officer. Those of us who knew him admired his dedication and professionalism. We must now direct our prayers to his grieving family and pull together in full support of the Huntsville Police Department and law enforcement everywhere who lost another brother of the badge tonight. I am beyond grief.”

“The Madison County Democrats express deepest condolences to the family, friends and colleagues of Officer Billy Clardy,” the Party said in a statement. “Officer Clardy was the nephew of Retired Deputy Sheriff and former Democratic Candidate, Tim Clardy. Words cannot express the community’s gratitude each citizen feels towards every officer who puts their life on the line for our safety every day, and for the families they leave to grieve their memory.”

“When we talk about a family in law enforcement, the STAC team is a prime example of that,” said Madison County Sheriff’s Office Chief Deputy Stacy Bates. “It’s kind of the ultimate representative of what a family-type law enforcement unit is.”

The STAC Team has been fighting drugs in Huntsville for decades.

“There’s no investigation too small that they don’t handle, there’s none too big they can’t handle,” said Bates.

Brown is a parolee with a long, sordid history of repeated criminal conduct. In 2013 his probation was revoked after he was arrested for conspiracy to distribute crack. That year, he was on a list of the 31 most dangerous criminals in Chattanooga released by the Mayor of that city. In March 2018, Assistant U.S. Attorney Christopher Poole filed a petition seeking a warrant for Brown for a parole violation after the Border Patrol arrested him near Laredo, Texas and charged him with being a felon in possession of a firearm. Poole argued that that and leaving the jurisdiction of his parole justified revocation of parole. On October 2018, Poole filed another petition for a warrant stating that Brown committed another crime after he was arrested by the Chattanooga Police issued warrants for Brown’s arrest on the charges of: aggravated robbery aggravated burglary, aggravated kidnapping, and impersonating a police officer. He is a suspect in a series of home invasions in 2018. He was arrested again in December 2018 and charged with assault of a police officer.

A lack of sufficient prison space to house the many dangerous repeat offenders like Brown is an issue that confronts the state of Alabama and many other states.

Clardy’s father, Billy Clardy Jr., was killed in the line of duty, in a fatal car crash in 1978 at age 26. Clardy III had hung an ornament on the Fallen Officers Tree in honor of his father on November 29.

Clardy is the seventh member of law enforcement killed in the line of duty in Alabama this year.

(Original reporting by WHNT Channel 19 TV and WAAY Channel 31 TV contributed to this report.)

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Alabama inmate killed by another inmate at Ventress Correctional

Eddie Burkhalter

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via the Alabama Department of Corrections

A Birmingham man serving at Ventress Correctional Facility in Clayton was killed by another inmate, according to the Alabama Department of Corrections. 

Dennis Benson, 40, who was serving a 36-month sentence for possession of a controlled substance and receiving stolen property, died March 30 after being attacked by another inmate, ADOC said in a statement. 

“The ADOC condemns all violence in its facilities, and the fatal actions taken against Benson by another inmate are being thoroughly investigated,” the department said in a statement.

Benson’s cause of death is pending a full autopsy, and more information will be available upon the conclusion of the investigation into his death, according to the department. 

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Attorney general partners with Facebook to stop price-gouging

Eddie Burkhalter

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Alabama Attorney General Steve Marshall on Friday announced a partnership with Facebook to address price-gouging on the social media site by people looking to profit from the COVID-19 pandemic. 

“There is no question that unscrupulous operators are trying to take advantage of Alabamians looking to buy basic necessities to protect and sustain themselves and their families during the ongoing coronavirus epidemic,” Marshall said in a statement. “What’s more, much of that illegal activity is centered online because many consumers find it easier to purchase supplies on the internet due to lack of local availability or self-quarantining. As my office seeks ways to protect our consumers, I am pleased to announce that Facebook is one of several major e-commerce platforms to respond to my call to participate in a coordinated effort to identify and shutdown online price gouging.”

Facebook has agreed to review and remove price-gouging listings and advertisements from the website, according to a press release form Marshall’s office.

The press release from Marshall’s office notes that Facebook has already banned advertising or sale of medical masks, hand sanitizer, surface disinfecting wipes and COVID-19 testing kits, and the site also as prohibited products “cures” or products that claim to prevent someone from contracting the virus. 

Recent research by Digital Citizens Alliance showed, however, that many of those banned products and advertisements continue to appear on Facebook, despite the company’s March 6 announcement prohibiting them.

Alabama’s price-gouging law went into effect on March 13 upon Gov. Kay Ivey’s declaration of a state of emergency.

“Although what constitutes an unconscionable price is not specifically set forth in state law, a price that is 25% or more above the average price charged in the same area within the last 30 days — unless the increase can be attributed to a reasonable cost in connection with the rental or sale of the commodity — is a prima facie case of unconscionable pricing,” according to the release.

To file an illegal price gouging report visit the Alabama Attorney General’s Consumer Interest Division at  https://www.alabamaag.gov/consumercomplaint, or call 1-800-392-5658 to receive a form by mail to complete and return.

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Families, advocates ask Alabama to release at-risk inmates amid COVID-19 outbreak

Eddie Burkhalter

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Contributed photo

When Amber Faircloth learned Thursday of the first confirmed case of COVID-19 in an Alabama prison, she worried that her husband, who has cancer, could be in jeopardy. 

Her husband, who’s serving time at Limestone prison, is one of more than 1,000 inmates most at risk of serious complications or death if the virus spreads throughout Alabama’s prisons. 

Amber and a group of criminal justice reform advocates have asked the Alabama Department of Corrections to consider releasing inmates who are more at risk from the virus, but the department told APR on Friday that for now, there are no plans to do so. 

Justin Faircloth just had a second round of chemotherapy Wednesday and was told by a doctor before treatments began that his stage-4 colon cancer could take his life within six months. 

“We might as well kiss this world goodbye if it gets in here,” Justin Faircloth said in a phone interview with APR on Saturday, speaking of the virus.

He’d undergone a previous round of chemotherapy before being arrested in December on a probation revocation charge, and once in the state’s custody those treatments stopped, AL.com’s Connor Sheets reported in February   

Treatments have since restarted, but Amber worries that his liver is so damaged and his immune system so weak that he’d surely die if infected with the novel coronavirus that causes COVID-19. She’s asking that he and others in his condition be released before an outbreak occurs. 

“Even a common cold can put him in the hospital,” she said. “And it’s not just him.” 

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ADOC has a large population of older inmates, and many with serious medical conditions, which experts say puts them at much greater risk for complications and death from COVID-19. The tight quarters and overcrowding in Alabama’s prisons — for which the state has repeatedly been reprimanded by federal courts and the DOJ — make them a particularly dangerous place for a COVID-19 outbreak.

Her husband was in the infirmary Thursday night, she said, but it was so crowded that he had to sleep with two other inmates, inches apart, in what inmates call a “boat,” which are plastic stackable bunks that rest on the floor. 

“He’s on a chemo pump, and he’s on the floor,” Amber said. “That’s inhumane and unsanitary.” 

On Friday, he was moved back to the general population, where the men sleep in cramped, open dormitories close to one another. Prisons are perfect environments for rapid viral outbreaks, health experts say. 

“We’re in such close quarters. We use the same toilets. We use the same sinks. We touch the same handles on the microwave and the same remote controls,” Justin said, adding that correctional officers are just as worried about a breakout inside the prison as the inmates.

Justin said inmates are given the same lye soap bars they’ve always gotten, but said he’s not seen any instructional material to let inmates know about the danger of the virus or how to protect from it.

Justin’s criminal history shows signs of years of struggles with drug addiction. The 34-year-old has been arrested for drug possession, theft, resisting arrest and burglary. 

“I ended up relapsing and did commit a crime,” Justin said. “But I should be able to wear an ankle bracelet or something. Be monitored from my house.”

An administrative employee at a state prison tested positive for COVID-19, and all staff who came into contact with the person are under a 14-day quarantine, the Alabama Department of Corrections announced Thursday. ADOC hasn’t stated in which prison the infected person works. 

ADOC also hasn’t said how many, if any, inmates or other staff have been tested for the virus, but in a statement Thursday, the department said it “has the ability to test inmates within the facilities; however, testing will only occur after the ADPH approves a physician’s order.” 

Alabama’s prisons were at 169 percent capacity in December, before Holman prison closed to almost all inmates and moved the rest to other overpopulated facilities. 

Amber is asking the state to consider releasing her husband, perhaps place him on electronic monitoring, and said those in his condition should be removed from what could quickly become a death trap. 

It’s a call shared by Alabamians for Fair Justice, a group of criminal justice reform advocates and formerly incarcerated people. The group wrote a letter to ADOC commissioner Jeff Dunn on Wednesday that urged the department to act before an outbreak might occur. 

One of the specific recommendations from the group is to release the 1,000 or so inmates who are at high risk of serious complications or death from the virus. 

In this light, the Bureau of Pardons and Parole’s decision to cancel upcoming parole hearings is counterproductive. We call on BPP to work with ADOC to expand upon existing medical parole provisions in order to expedite the release of people from the populations at greatest risk,” the group’s letter reads. 

The group also recommended that ADOC develop reentry plans, identify transitional housing and, where possible, refer the released inmates to outside medical and mental health providers.

In a statement to APR on Friday, an ADOC spokeswoman said, for now, the department doesn’t anticipate any non-routine releases. 

“The ADOC is continuing to work closely with Governor Ivey’s Coronavirus (COVID-19) Task Force, the Alabama Department of Public Health, and infectious disease control experts to mitigate the potential spread of the virus,” the statement reads. “Maintaining the safety, security, and well-being of our inmate population, staff and the public remains the ADOC’s highest priority.”

“The ADOC’s Office of Health Services is working closely with our contracted health services vendor to monitor and protect high-risk inmates, including those with pre-existing medical conditions. At this time, the Department does not anticipate conducting any non-routine releases. We are closely monitoring the spread of COVID-19, and will be making additional operational and preventative decisions as this situation continues to evolve.”

ADOC has taken other steps to mitigate the dangers of a COVID-19 outbreak. The department has suspended visitations, begun screening staff for fever, suspended inmate co-pays and transfers between prisons. 

On Friday, ADOC announced that state prisons would stop taking in new inmates for 30 days.

It’s a move that might help prevent the virus from getting into prisons, but it shifts that danger to county jails, and it’s not sustainable. Prison systems across the country are coming to terms with what could turn into a very deadly situation very quickly. 

In Los Angeles earlier this week, low-level inmates were being released from some jails, The Los Angeles Times reported, and New York City this week began releasing more vulnerable inmates with medical conditions and those serving for minor crimes. 

“I think the threat level is at 10 now,” said Scott Kernan, a former secretary of the California Department of Corrections and Rehabilitation, speaking to ABC News. “The [nation’s] corrections leaders are struggling to figure out what the national response will be.”

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Alabama prisons halt intakes from county jails during COVID-19 outbreak

Eddie Burkhalter

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The Alabama Department of Corrections on Friday announced a 30-day moratorium on taking in inmates from the county jails amid the COVID-19 pandemic. 

ADOC on Thursday said an administrative employee in a prison tested positive for the virus, and that all staff who came into contact with the person are under a 14-day quarantine. It was the first confirmed COVID-19 case in the state’s prisons. ADOC said no inmates have tested positive. 

The department said in a statement that suspension of new intakes includes “but is not limited to, new commitments, court returns, and parolees and probationers…” 

Statement from ADOC: 

“The Alabama Department of Corrections (ADOC) continues to take steps necessary to maintain the safety, security, and well-being of our inmate population, staff, and the public. The Department is working closely with Governor Ivey’s Coronavirus (COVID-19) Task Force, the Alabama Department of Public Health (ADPH), and infectious disease control experts to mitigate the spread of the virus. Our continued and collective efforts have allowed for the implementation of new preventative practices and procedures in response to this rapidly evolving situation.

 “Effective today, the Department is placing a 30-day moratorium on new intakes from county jails based on Governor Ivey’s declared State of Emergency related to COVID-19. This restriction includes, but is not limited to, new commitments, court returns, and parolees and probationers who are revoked or sanctioned to a dunk. During this time, the Department will continue to receive inmates with severe medical or mental health conditions, subject to the usual review process by the Department’s Office of Health Services. However, additional health screenings will be implemented at the facility level to ensure any inmate is not symptomatic prior to entry. While the 30-day moratorium is in effect, the ADOC’s intake procedures will be reviewed closely and intake dorm space will be assessed thoroughly. At the end of this 30-day period, the Department will assess our interim intake process.

“In addition to implementing system-wide preventative measures to prevent the virus from entering our facilities, the ADOC also is modifying internal protocols to best serve our inmate population who have been impacted by these altered processes and various safety precautions. Effective immediately, the ADOC will extend both inmate yard time and snack line services at all our facilities. Other protocol adjustments remain under consideration for possible implementation.

 “We are continuing to diligently monitor the situation, working closely with the ADPH and adhering to CDC-recommended health and hygiene guidelines. As noted yesterday, March 19, the ADOC has been notified that an administrative employee tested positive for COVID-19. All individuals within the Department who have been in direct contact with the individual who tested positive remain in a 14-day self-quarantine period, and are being monitored by the Alabama Department of Public Health (ADPH) for signs and symptoms due to direct exposure. Maintaining the safety, security, and well-being of our overall system remains the ADOC’s highest priority.”

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