Saturday, April 22, 2023

Joplin man with history of violent behavior, not showing up for court free on bond on weapons charge


A Joplin man with a history of violent behavior and not showing up for court hearings is free on $25,000 bond after his arrest on a weapons charge following an incident April 15 at Club XO, 502 S. Joplin Avenue.

A 9 a.m. Wednesday initial appearance is scheduled in Jasper County Circuit Court for Christopher Lee Carter, 28.

The incident that led to his arrest was detailed in the probable cause statement:

I arrived on scene with other officers and I contacted the victim, DH, who stated he was involved in a disturbance at this location where a gunshot was fired. DH stated he observed Christopher Carter being refused entry into Club XO as he was leaving.






Mr. Carter was walking to a vehicle parked nearby when he opened the front passenger door and retrieved an AR-15 pistol.

At this time, fearing for the safety of himself and the public, DH grabbed ahold of Mr. Carter when the magazine fell out of the gun. During this struggle, the pistol discharged the round that was in the chamber in an unknown direction.

A witness on scene stated they observed an unknown male grab the gun and run and put it in a car. Mr. Carter was shortly later arrested for an active warrant on a car stop at 7th Street and Main Street. Mr. Carter shows to have several felony convictions on his criminal history which would prevent him from being in possession of a firearm or ammunition.

Mr. Carter was arrested and appeared to be intoxicated while in possession of an AR-15 magazine containing the same ammunition found on scene of the shooting. Mr. Carter was later identified as the shooter by DH. at the Joplin City Jail.

An AR-15 pistol was also later located in a car parked across the street from Club XO on a traffic stop. 

The Joplin Police Department issued a news release Monday saying it had forwarded charges of assault in the fourth degree, unlawful use of a weapon, unlawful possession of a firearm and armed criminal action.

The Jasper County Prosecuting Attorney's office elected to file only one felony charge- unlawful possession of a firearm.

Bond was set at $25,000, cash or surety, despite Carter being on probation when the crime was allegedly committed.







Jasper County Circuit Court online records show Carter pleaded guilty to possession with intent to distribute and burglary and was sentenced to 15 years in prison on August 27, 2018. Under a plea bargain with the prosecuting attorney's office, Carter's sentence was suspended and he was placed on probation for five years.

Almost immediately, Carter began racking up probation violations. Violation notices were filed November 14, 2018 and June 11, 2019, but the first motion for Carter's probation to be revoked came January 30, 2020.

A hearing was held in February 2020 with Carter denying the allegations. The following month, the prosecuting attorney's office withdrew the revocation motion.

A second revocation motion was filed August 4, 2020. When a hearing was scheduled in October, the prosecuting attorney's office filed in open court another violation notice, which appears to be in connection with his arrest by the Joplin Police Department on charges of first degree robbery, first degree burglary and armed criminal action.

The prosecuting attorney's office dropped the charges when the witness against Carter left the courthouse and would not testify at his preliminary hearing.

From the Joplin Globe's account:

Carter was accused of pushing his way into the man's apartment without permission on July 10, pointing a gun at his head and ordering him to sit down on his couch. He then robbed him of two gold necklaces he was wearing and his shoes after striking the victim in the forehead with the gun, according to a probable-cause affidavit.

Two unidentified accomplices purportedly assisted Carter in also taking the victim's phone, watch, gaming console, other jewelry and shoes, and some backpacks, according to the affidavit.

Judge David Mouton suspended Carter's probation November 19 and issued a warrant for his arrest setting the bond at $50,000 cash only. When the first hearing was held November 30, Carter asked Mouton to reduce his bond and the judge set it at $25,000, cash or surety. Carter was unable to pay that much, so on December 18, 2020, his public defender filed a motion for another bond reduction. Online records don't indicate Mouton's ruling, but four days later, Carter was able to post bond.

Carter's next hearing on the probation violation was scheduled for January 11, 2021 and Carter was a no-show.

Another hearing date was scheduled, but was continued at the request of the public defender.

On March 15, 2021, Carter was in court, but the case was continued to April 5. When April 5 arrived, the case was continued to May 3. Carter was in court again, but Mouton agreed to the public defender's request for a continuance to June 21.

When June 21 arrived, Carter didn't. Mouton issued a warrant for his arrest and set the bond at $100,000, cash or surety.

On June 29, 2021, Carter was in court and his attorney made a motion for bond reduction. The prosecuting attorney's office objected and Judge Mouton denied the motion. The prosecuting attorney's office filed an amended notice of probation violation in open court.

At the next hearing July 6, the prosecutor filed yet another amended probation violation motion. A bond reduction motion by the public defender was once again denied and the next hearing was scheduled for September 7.







Once again, no decision was made at the September 7 hearing, except for Mouton rejecting another bond reduction motion.

The same happened at a hearing September 28.

On November 15, 2021, an evidentiary hearing was held on the probation violation filings. Online records indicate Mouton explored all alternatives to revoking probation, which would send him to prison for his 15-year sentence.

Mouton finally revoked Carter's probation, but elected to place him in a shock incarceration program for four months and after that, it could be determined whether he should have to serve the rest of his sentence.

On April 5, 2022, Carter was a free man, though he was placed on probation for an additional five years.

A little over a year later, according to the probable cause statement for the current allegations against him, Carter was denied entrance to a club, went to his car to get an AR-15 pistol and was headed back to the club when he was interrupted.

***
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4 comments:

  1. Anonymous10:59 PM

    Catch and Release is frequently available until someone does a Murder Death Kill* or gets arrested for distributing or possessing poundage of illegal drugs.

    *Demolition Man

    ReplyDelete
  2. Anonymous6:11 AM

    Here We Go Again!!! Why do the Judges and Prosecutors in Jasper and Newton County keep giving these Habitual Offenders that Magic - - "Get Out of Jail Free Cards" - all the Time. What will it take for them to "Wake Up" - After Someone gets Killed???

    We have got to Hold Not Only the Criminals, but these Judges and Prosecutors responsible for their Actions!!!

    The Judges and Prosecutors - are Elected to Serve the Public of Jasper and Newton County - and when they do not we have got to Either Vote them Out, have them Disbarred, or Removed through the Courts.

    It is no wonder - since Jasper and Newton County has had a History of allowing Judges, Prosecuting Attorneys, Elected Officials, and People Connected who supported these Judges and Prosecutors get into Office - off on various charges.

    Judge Richard Copeland should have never been behind the bench after his drunk driving accident on Jan. 27th 1983 - that Killed 2-College Students - but got off on a Technicality and was Elected back into Office Multiple Times!!!

    https://www.courtlistener.com/opinion/2452634/state-v-copeland/

    Stop Feeling Sorry for the Criminals and Start Feeling Sorry for the Victims.





    ReplyDelete
    Replies
    1. Anonymous1:08 PM

      You are 100% correct I can’t understand why nobody can see it.

      Delete
  3. Anonymous2:55 PM



    The appeals court upheld the lower court's ruling that the evidence used to charge Mr Copeland was seized in violation of the 4th Amendment.

    https://www.courtlistener.com/opinion/2452634/state-v-copeland/

    That is hardly a "Technicality" and your capitalization of the colloquially used "technicality" doesn't make it an actual legal term of art in the law.




    ReplyDelete