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5:46 a.m. • 2-11-12

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More Homicide Arrests Point to Problems With Probation System


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Toriko Mercer
Probation Jail Prison

Two more men accused of homicides in Durham in recent months were on probation for misdemeanor crimes when they were arrested.

It's more evidence of problems with the state's probation system, which has come under scrutiny following the arrests last month of two men charged in the shooting death of University of North Carolina at Chapel Hill student Eve Carson.

Durham leaders say the problem is statewide.

"I'm devastated, and everyone should be," Durham City Councilman Eugene Brown said. "I don't know how much more evidence we need to understand the harsh reality of the fact that this system is not working."

Toriko Mercer, 23, who is charged with murder in the March 28 death of David Anthony Taborn, was on probation for two misdemeanor larceny convictions.

Gary Brady, 46, was arrested Jan. 18 in the Nov. 23 shooting death of Derrick Burch. At the time, his probation was in the process of being revoked for alleged violations.

Both men were on "community-level" probation, which is the lowest level of probation, Department of Correction spokesman Keith Acree said.

"It concerns us to see numerous incidences of that in the same place," he said. "That's more than we'd like to see. (We're) trying to determine what we can about how they were handled and do what we need to do to correct any situations we find there."

Last month, the DOC's director of the Division of Community Corrections ordered an internal investigation into the probation cases of two men charged in Carson's March 5 shooting death. Director Robert Guy is expected to release the results of that probe Wednesday.

Demario James Atwater, 21, was in court in Raleigh two days before Carson's death for a probation violation hearing, but it was rescheduled because of a clerical error. It was one of several mistakes WRAL found last month in Atwater's case.

Laurence Alvin Lovette Jr., 17, who is charged in Carson's death and the Jan. 18 shooting death of Duke University graduate student Abhijit Mahato, was released from jail on probation Jan. 16.

DOC officials said last week that his probation officer made telephone contact with Lovette but never saw him outside of court during the six-week period between Mahato's and Carson's deaths.

RELATED TOPICS: Abhijit Mahato, Eve Carson, Durham, Raleigh, Duke University

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"Durham leaders say the problem is statewide" Another let me muddie up the water so maybe they won't see how much I've screwed up. How about cleaning up what you can and then point out the other issues.

Most working people ...myself included...pay taxes. The money goes to pay people ...cops , judges, and other persons in the judical system. The cops for the most part seem to catch a lot of crooks. Somewhere inbetween the judge and his golf buddy let me line your pockets public defender they get off. More time to rob and kill. The gang members get put in their work by doing so. So if they do ever get any prison time...they have a high status on the inside. The answer is not programs and giving them checks ....Put them in jail and if they commit murder give them death. I bet by doing the murder rate would go way down.Probation has once again proven itself a joke!

It is a matter of survival now. For those that do not want us to own my own guns so only the criminals will have them they are safe in their homes. But for the people that live in normal cities who have to defend themselves the police are overwhelmed all I can say is defend yourself they say do not profile I say watch the news you decide. It does not matter who wins the election crying is on an increase from the time the break your front door and you call the police it is too late that is why I am looking for the candidate he that will let you defend yourself you have to choose the lesser of all evils when you're talking politics there is no lesser they all have an agenda as of now I don't care who wins I just know I can rely on Smith & Wesson that does no sound good but when someone is breaking your door are you going to call a politician and the police are overwhelmed I like Texas because everybody owns a gun supposedly so they think twice about committing a crime think twice befo

You sound bitter, must have had an experience on probation before. The probation officer is at the bottom on all this. I haven't heard anything about all the people involved before it got the probation officer. Arresting Officer/DA/Judge/Court Appointed Attorney,Clerks Office that made the mistake, they are all part of the process.....

1SmartLady...then why is the probation officer needed?...my whole point...we do not need probation officers because they serve no purpose, except being paid by taxpayers. Probation officers do not prevent crimes from the criminals they are responsible for. No way.....we do not need probation officers. Just millions and millions of dollars being spent for nothing.

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