Andy Lopez: A Lesson for Some in Red Bay

Last week, police in the San Francisco area were called about a man standing in a vacant lot holding an assault rifle. From the time police arrived until they fired the shots that killed Andy Lopez, only ten seconds had elapsed. The problem many have with the police response is that the gun was an "airsoft" type weapon with the orange tip removed or painted over...and Lopez was only 13.

There's an investigation ongoing, but the salient fact is that it's never a good idea to take a modified airsoft weapon out in public, much less fail to drop it when police tell you to. How prevalent is this kind of thing?

Here's a photo of Elijah Graham, presumably still under indictment for drug crimes:

Elijah also played a large part in the murder of David Andrasik; however, he was never indicted for that crime. A source in Red Bay tells us that Elijah is on the radar of local police...along with his father Hershel who is out of jail/prison awaiting results of an appeal for his manslaughter conviction.

Elijah, 17 or 18 when this photo was taken, has claimed the weapon is an airsoft with the tip illegally modified. He obviously likes to live dangerously.



Shoalanda

Updates & Answers

Two interesting, but very different, criminal cases are in the limelight today. First, Hershel Dale Graham was sentenced to 14 years today. He will serve only two, assuming he behaves himself on five years of subsequent probation. He is scheduled to turn himself in Monday or put up 100K appeal bond money. Which will he do?

We have wondered about the many delays in sentencing; now we believe these postponements were to give Graham more time to come up with the money for an appeal bond. Will he win? We doubt it. It's our understanding that Joey Rushing dotted every "i" in this case. Mr. Rushing, as always, carried out his duties well.

We know the Andrasik family is deeply saddened that there was not a stronger sentence. Judge Terry Dempsey stated it was a difficult decision for him to make. How will it affect the retired rotund wrestler from Red Bay?

We doubt that a felony conviction will limit Graham very much. He doesn't work, and we doubt that he plans to travel to any exotic countries that would not allow a convicted violent felon a tourist visa. Graham's main problem may now be in controlling what those who know him have called a volatile temper. The fat lady hasn't sung yet, and the fat man may not be fat after two years in an Alabama prison.

*****

The second case? We'll let you read about it here:

How Can They Charge Manslaughter?

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Occasionally, someone asks us about our policy in reporting on past arrests/convictions. We never mention any past arrests, etc., unless the person is arrested again or thrusts themselves into the public arena to run for office or something similar.

We consider any crime/alleged crime to be off limits once it has been adjudicated and the person has finished with any legal requirements. Obviously, convicted sex offenders never finish their legal obligations. If the subject has been arrested again, we do discuss past arrests/convictions. These past arrests are not usually allowed in court. Should they be? It's our opinion that it depends on the case.

Justice is elusive, money and connections talk, and sheer geography may make the difference in any outcome. We don't see this as changing. We do suggest our readers lobby for justice--don't just sit back and trust the system to do the right thing in every case.

Tomorrow: Look who's up for parole...



Shoalanda

Forums, Red Bay, & Libel

Red Bay, Alabama

There's a national online forum that we won't name here due to the remote possibility someone either 13 in age or IQ is reading this and has not yet discovered this modern wonder. This forum is not censored and posters regularly libel others.

We've discussed the legal definition of libel before, as in grounds for a civil suit, and damages to income or personal life is the third requisite for such a suit. That means such suits are extremely difficult to win, and most attorneys shy away from taking them.

Some weeks ago a poster claimed the female police chief of Red Bay was having multiple affairs. Our opinion is many cannot accept a woman in a position of authority. Now, someone supporting a light sentence for Hershel Dale Graham, convicted killer of David Andrasik, has brought up a similar topic concerning Chief Jana Jackson and Andrasik. Multiple posts have been made, all along the same line, and all labeled as originating in Florence. 

Whoever the poster(s) is, he/she may think it's a safe bet that they can't be traced. First it does take a court order. It also helps to have the right contacts. Does anyone think Chief Jackson doesn't have the right contacts? Does anyone think Chief Jackson could not claim her job security was put at risk by these posts?

No, it would be fairly simple for Chief Jackson to determine the origin of these posts. If we were Elijah Graham, currently under indictment for drug possession/distribution in Franklin County, we would want to be sure no more such posts are made.

Tomorrow: What Really Happened at Hurricane Creek Baptist Church in Red Bay?



Shoalanda

Sentence Killer Hershel Dale Graham to 20 Years

The sentencing for Hershel Dale Graham, convicted of Manslaughter in the shooting death of David Martin Andrasik, has been rescheduled for June 26th. Sources familiar with the case tell us that the trio of attorneys representing Graham will be requesting house arrest for their client--no matter the length of the sentence.

We've never heard of such a request extending beyond an appeal period, and that on sentences of 15 years or less. We're quite sure the Aged & Infirm facility at Hamilton will have adequate accommodations for this killer.

Graham has had many previous brushes with the law. As a juvenile, he shot his stepfather Ralph Eugene Palmer. Palmer survived and lived until 2003. It's not surprising to note that Hershel's brother was listed as a survivor, but there was no mention of the rotund retired Red Bay wrestler.

Graham also has domestic violence arrests in Mississippi where he married his second wife. Yes, Hershel Graham who paints himself as a grieving widower married what some have called a "rich widow." We doubt that Graham received much of value from his investment in the matrimonial lottery, and we certainly know his wife didn't--she filed for divorce after a relatively short period.

Are the other tales of Graham's misconduct true? Anecdotes are just that and are often hard to prove. Unless there's a legal or some other record, it's one person's word against the word of his/her adversary. For that reason, we'll leave them in the comment section.

We are asking that you sign the Change.org petition requesting Franklin County Judge Terry Dempsey sentence Hershel Dale Graham to the maximum allowed by law--20 years. Anything 15 years or under (the minimum would be 10 years) would result in CIT (good time). We fervently believe that Graham should not be released early unless considered and approved by a parole board.

Petition

Peace to the Andrasik family...

Shoalanda

Ron Wikkid Weems: A Good Father?!

Ron Wikkid Weems & Laurel ChubbyLette Pruett

Laura Wise, aunt of Ron Wikkid Weems, aka the Wikkid One, called her nephew a good father. Really? He has at least five children by three different women, only one of whom he was married to. He didn't work, but preferred to have the Salvation Army provide for his children. He's now out of the picture, leaving his youngest child with his mother, a woman who allowed the child to be sexually abused. Yep, he's a great father.

As for Weems' mother Laquania, she's still maintaining her son's innocence...when she's not trying to cast spells for protection. Laquania seems to be a few nuggets short of a Happy Meal.

Colbert County District Attorney Bryce Graham has stated there was no basis for a Capital Murder charge against Weems. Really? Since witnesses testified that his victim Amanda Taylor was naked from the waist down, it would hardly have been a stretch for Graham to have also had Weems indicted for attempted rape. That's all it would have taken to make the charge a capital offense. We doubt the jury would have questioned the charge.

Now Weems will be up for parole at some point. He won't make it any time soon. Let's hope he never does.

*****

Due to an accident involving the court reporter in Franklin County, the sentencing for Hershel Dale Graham, admitted killer of David Martin Andrasik, has been postponed. We'll publish the new date as soon as it's announced.



Shoalanda

Special Report: Hershel Graham Guilty of Manslaughter

While not the Felony Murder verdict David Andrasik's family had hoped for, a Franklin County jury this morning found Hershel Dale Graham guilty of Manslaughter.

Graham will be leaving his gun collection and abused dogs for a new home in Hamilton, Alabama. We hope DA Joey Rushing and David's family will convince Judge Terry Dempsey to hand down a lengthy sentence. 

In Dennis, Mississippi, and Red Bay, Alabama, many citizens, including some abused ex-girlfriends of the retired rotund wrestler will rest easier tonight.

Shoalanda

A Few Words About Joey Rushing

Shortly after we began this blog, a situation in Russellville was brought to our attention. A woman had been, for lack of another word, attacked by law enforcement in that town. No, she wasn't a criminal, and while we can't go into the details at this time, the woman was a victim of forces that should have been protecting her, but instead considered her collateral damage.

We were asked not to report on the incident since it could have cost two or more innocent individuals their jobs. If there comes a time when we can report on the physical and psychological attack, you will read it here.

We assumed, and wrongly so, that Franklin County District Attorney Joey Rushing was involved in this incident; as in believing he backed up the officers who committed this crime and asked others to lie to protect them. We examined every action of Mr. Rushing that we read about. If fault could be inferred, we did so, based on what we now believe was a very false assumption on our part.

After months of looking into Joey Rushing's record, talking to those who know him, and just general observation of character, we realized we were totally wrong. We've never informed Mr. Rushing of the attack that we had once believed he condoned; however, we hope he knows that at this point we admire his work ethic, his religious dedication, and the fact that he faces sometimes insurmountable odds in Franklin County to seek justice for those who've been so terribly hurt by violent crimes.

We see that Mr. Rushing is now taking some hits for prosecuting Hershel Dale Graham. We don't believe those who are criticizing him know all the facts...or perhaps they just aren't capable of rational thought. Perhaps to those individuals, it all boils down to guns and vigilante justice.

We're calling Joey Rushing our latest local hero. No matter what office he should run for in future, he will have our support. Thanks again, Joey. There aren't too many like you out there.

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From a reader:

I'm not able to comment on this site for some reason, so I'm sending you an e-mail. I know the lady who owns the home where Elijah Graham was arrested one night last fall. She didn't know Elijah. He just parked in her driveway to take some drugs, shoot up or whatever he was doing. It wasn't pot.

So if I read some comments right, my friend who really didn't want this dopehead on her property, should have just shot him and then called police? I'm pretty sure that's what will happen to Elijah at some point anyway.

*****

We're going to agree with our reader. We doubt Hershel Graham would have wanted the homeowner to have treated Elijah in the same manner he treated David Andrasik.



Shoalanda

April Should Be Designated Murder Month

We can't recall a time when more murder cases have been on the docket than this April. In Franklin County, the Felony Murder trial of Hershel Dale Graham continues with closing arguments scheduled on Monday. As with the case of Joel Moyers in Limestone County, public opinion is hotly divided on Graham's innocence or guilt.

No one can predict what a jury will do, but according to those present at the Graham trial, District Attorney Joey Rushing has presented an excellent case against the rotund retired wrestler who claims to have felt so threatened by an unarmed man.

The Capital Murder trial of Charles Moore will get under way in Lawrence County on Monday. Moore is accused of murdering Bailey and Betty Nichols to whom he owned money.

What may be considered the Shoals trial of the 21st century in Colbert County will also get under way next week. Ronald Weems faces a Felony Murder charge in the death and dismemberment of his former sister-in-law Amanda Taylor. Jury selection will begin on Monday April 8th.

*****

A few have maintained the right to kill an unarmed person who is impaired and behaving in what could be considered a threatening manner. While we don't believe David Andrasik behaved in a threatening manner, at least according to reliable witnesses not a part of the Graham clan, it's an interesting point.

If that should become a legal precedent, expect to see many more shootings at auto accidents. Just a thought...



Shoalanda

Graham Family Lies Build Up

Elijah Graham & Cassidy Borden

The murder trial of Hershel Dale Graham enters it fourth day this morning. Graham is being tried for the Felony Murder of David Martin Andrasik. Testimony yesterday provided some dramatic differences in witness statements and statements by Graham at the time of the shooting. Let's look at some of them.

Hershel Graham: He retrieved his handgun when his son Elijah and girlfriend Cassidy ran into the home to tell him an angry man was outside and wouldn't leave.

Holly Lewey (Red Bay School Teacher): Graham came outside, talked with Andrasik, returned to the home and came back out with the weapon.

Hershel Graham: Andrasik refused to leave.

Holly Lewey: David attempted to leave, but was called back by Elijah Graham who removed his shirt and stated he was prepared to fight.

Hershel Graham: Andrasik verbally threatened him.

Holly Lewey: David said nothing before he was shot.

Hershel Graham: Andrasik charged at him and he shot.

Holly Lewey: Hershel Graham simply raised the gun and shot David from approximately three feet away.

*****

Hershel Graham has four attorneys representing him in his bid to beat the Felony Murder charge. A friend was in court yesterday and reports that most of their defense during morning testimony relied on red herrings:

...Graham is being called disabled. He looks like a beached whale. He could just fall on someone and kill them. The attys have made fun of the ABI's lack of recording devices. Seems they used a cell phone that didn't work. They've also brought up drugs they know the state can't or didn't test for. Looks like if Mr. Andrasik had been taking these drugs along with drinking he would have been dead ages ago. They must have hoped the jury didn't know the purpose of anabolic steroids, cause I've never seen a pic of Andrasik where he looked even slightly muscular...didn't see Elijah or the grandfather in court. Guessing Elijah will have to testify, maybe g.father also.

*****

Elijah Graham, son of Hershel, is expected to testify for the defense today. He is currently under indictment for drug charges in Franklin County. He has taken to Facebook to announce that no one but God can judge him. We had found this a nebulous statement until it was revealed that it was he who called David Andrasik back to his death. Elijah must feel great guilt that his father is now in danger of spending his remaining days in lockup.



Shoalanda

Federal Prison for Angel Gieske?

We promised those hurt by impostor Angel Gieske some good legal advice. First and foremost, retain an attorney if you haven't already. We can't stress this too strongly.

At least one reader asked about a class action suit. Again, only an attorney can give you definitive advice on this, but since there are several suits in the making, anyone hoping to recover any damage from Geiske should consider the time frame. That doesn't mean that one attorney can't represent several families.

Why is time so critical? The latest antics of Angel Gieske won't be relegated to a state board to sort out. It's our understanding that Gieske, a non-licensed provider, received Medicaid funds--received them under false pretenses. That's Medicaid fraud, and we do know it's vigorously prosecuted in this state.

Again we also encourage anyone hurt by Gieske to contact this site:

Stop DHR Corruption

*****

There's been an interesting development at Tuscumbia Middle School. It seems they're looking for a new principal. We had intended to bring you a guest commentary on some problems at that facility; however, we're now going to expand the articles and will publish later in the week.

*****

The Hershel Dale Graham Felony Murder trial started today in Franklin County. We see that Graham has graduated from a cane used at his pre-trial appearances to a walker. Well, apparently he was at one time a professional wrestler. We're sure he has many theatrical tricks up his country bumpkin sleeve. Did we say country bumpkin? He seems to have enough smarts to have retained four attorneys. We continue to pray for justice for his victim David Martin Andrasik.

Shoalanda

Disgraced Teacher Seven Times Lucky?

The Franklin County trial for Kimberly Bynum George has been postponed for the seventh time. Her new trial date is June 10th. Bynum's defense team may not be the reason for this delay. Several delays in the Felony Murder trial of Hershel Graham resulted in an April 1st date. The Franklin County judiciary probably felt it better to hold Graham's trial as soon as possible. Let's hope there's no more delay in justice for the David Andrasik family.

As for another delay in Bynum's trial, it's also frustrating for those whom she has hurt and betrayed. Delays can't go on forever. Facts can't be disputed. Let's hope justice is served in her case as well.

*****

As these two Franklin County trials demonstrate, justice isn't always swift, but is does usually prevail. Are there instances where justice seems sidetracked for no apparent reason? Certainly.

Tomorrow we'll look at one of those cases, perhaps a small matter in the grand scheme of things, but of huge importance to the victims and their friends.

Shoalanda

More on Mitchell Terry/Hershel Graham

The arrest of Mitchell Blake Terry is producing more questions; is he in fact the North Florence Bedroom Intruder? We believe he was in no way connected to the recent attempted kidnapping in Tuscumbia, but our sources at the Florence Police Department have remained mum on the laundry list of charges that may be facing Terry.

The official news release also connects Terry to a second Heathrow burglary/assault on September 21st, but not the three home intrusions from this spring. A reader has sent us a quote from Terry's mother's Facebook page in which she mentions his "victims." This may refer to those burglary victims in crimes that go back at least three years.

Terry did not live in the North Florence area; we have to wonder why he chose that location for his crime spree. No matter his rationale, he is now behind bars, and we hope he stays there.

*****

Pre-trial for Hershel Dale Graham, admitted killer of David Martin Andrasik, has been postponed for the fourth time. David's family understandably is seeking quick closure to the case, but that may not be possible.

No matter the number of delays, Franklin County Judge Terry Dempsey will eventually require Graham's attorneys to face this day in court. Graham will eventually be tried and judged by a jury of his peers. Murder cases often take two or more years to be brought to trial. It's a sad reality, and we wish the Andrasik family the best in their wait.



Shoalanda

Elijah Graham Arrested/We Need Copies

Elijah Graham

Earlier this year, many readers wondered why Elijah Graham was not indicted for Felony Murder in the death of David Andrasik. Witnesses at the scene had testified Elijah ran over Andrasik's foot, hindering his escape, before Hershel D. Graham fatally shot David in the chest. The Red Bay 18 year-old has was arrested on September 7th for possession of a controlled substance--non-marijuana, and possession of drug paraphernalia. The elder Graham has yet to be brought to trial. Sources say the court date for Hershel Graham has again been postponed.

Related post: Similar Crimes

*****

Several readers have inquired concerning the contents of the two letters we recently blogged about--letters related to a local sheriff's department. While we know the basic content, we don't feel comfortable publishing hearsay information. If anyone has a copy of either letter, please scan it and e-mail it to us at: shoalanda.speaks@gmail.com.

*****

Some advice to young (and older) women. If you're called into your boss' office, supposedly for an infraction of rules, and he states something like this, "You're in a lot of trouble, but if you take off those Bobbie Brooks and show me what you got, I'll forget about it," this is what you reply:

1. What you're suggesting is immoral.
2. What you're suggesting is sexual harassment.
3. Does your wife know you act this way?
4. Do the voters (if applicable) and members of (insert name of church if applicable) know you act this way?

Then you file appropriate charges faster than he can scarf a sugar-coated doughnut.



Shoalanda

Ronald Weems Proposes from Jail

It seems our favorite Juggalo, Ron Wikkid Weems has offered a jailhouse proposal to one of his longtime girlfriends--one who is not incarcerated and who has an actual income. We understand this former RN has accepted Weems' offer. Now that's true love...not to mention extremely bad taste and gross denial.

*****

The Franklin County grand jury will meet sometime this week between Tuesday and Thursday; the session may last two days. Exact dates are kept private, but we have been informed that Herschel D. Graham and his son Elijah Graham are among the list of those whose cases will be presented.

Our best to the David Andrasik family in their quest for justice.

*****

TBR has posted a new review in Quad-Cities Cuisine. Be sure to check it out.



Shoalanda

Comments welcome. No profanity, vulgarity, orlibelous statements...

Our Naughty List (Some Much More Than Others)

"Naughty Lists" seem to be a trend among local bloggers this year, so we're happy to jump on the bandwagon. Here's our version, in no particular order...

1. Terry Bowden - He didn't even bother to say goodbye.

2. Wal-Mart - What? They've made so little money over the years that now they're worried about Publix? Please...

3. Florence City Council - Most of them truly care about the town. Standing one's ground can be courageous, but failing to find a solution for our garbage woes is not a great example of placing the city first. Santa may not leave any trash in their yards, but by February Cupid may consider doing so.

4. Cherokee Mayor Chuck Lansdell - If you don't play his way, he won't play at all, while blaming others for his leadership problems.

5. Tuscumbia Police Chief Tony Logan - We're about to begin year three of this ongoing saga, all paid for by Lauderdale County taxpayers. He's not even appealing his DUI conviction on claims of innocence, but on a nebulous law. Great example there, Chief.

6. Brian Keith McGuire - Another less than upstanding citizen costing Alabama tax payers unnecessarily to appeal the loss of his teaching license. A Lauderdale jury may have found him not guilty of rape, but the Alabama Board of Education pronounced him guilty of that plus a lot of other seedy doings. Does he think anyone would hire him to teach Alabama youth even if he got his license back?

7. "Christians" who bash atheists - It doesn't speak well of their religion or their IQ. After all, we haven't seen any Methodists trash talking Baptists recently. Calling an atheist harsh names isn't going to make him want to sit by us in church on Sunday morning.

8. Florence and Colbert Animal Shelters - Neither can see the forest for the trees. We hope in 2012 both entities will concentrate on promoting animal adoption. It's about time...

9. Steve Pierce - If we can blame one man for UNA now residing in the purgatory that lies between Division I and Division II, it's Steve. We have to ask why he prefers UNA to be a very small frog in a big pond to being a very large frog in a medium pond.

10. Susan Leigh Smithson & the Sweetwater Gang - It's been over two years now since the owner of Sweetwater mansion and a few locals began their efforts to restore this once stately home. During this time, the director and her various committee members have alienated almost anyone who has volunteered to work on the property. Here's hoping Smithson finds a buyer in 2012,

11. Red Bay Police Chief Jana Jackson for commenting prematurely on the death of David Andrasik. No, no one knows how a Franklin County grand jury will rule in January, but we highly suspect Jackson will have some thoughtless words to eat.

We could add more, but the sound of tiny hooves approaching needs immediate investigation. Here's hoping all readers are careful out there this weekend.





Shoalanda

Comments welcome. No profanity. No vulgarity. No libelous statements. Get it? Got it! Good...