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

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

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.

*****

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

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

What Next for Elijah Graham?/Letter Coming Soon

We blogged yesterday concerning Elijah Tanner Graham's recent Red Bay arrest for possession of a controlled substance--non marijuana and drug paraphernalia. According to Graham's Facebook page, this is not his first arrest, meaning he has already used his one ticket for youthful offender status.

Franklin County does not have drug court per se; in other words, probation for this offense is not a given, but could be considered likely. If you feel that this young man, a man who took part in the assault against David Martin Andrasik last November, should be incarcerated for these drug crimes, we urge you to write:

Hon. Terry Dempsey
Franklin County Courthouse
410 North Jackson Avenue
Russellville, AL 35653
332-8893

and

District Attorney Joey Rushing
Franklin County Courthouse
410 North Jackson Avenue
Russellville, AL 35653
332-8870

*****

Contacting us: We had some questions yesterday on how to contact us anonymously. While we can assure you we do not divulge sources, we can also understand anyone's desire for anonymity when communicating about one's employer or an elected official.

We suggest using G-Mail in order to set up a quick and anonymous e-mail account. It takes less than five minutes.

We've been promised a copy of the letter sent to over a dozen Alabama agencies concerning a local sheriff. We'll have it scanned and published as soon as possible. We realize there are always two sides to a story and will welcome any rebuttal.



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

Hershel Graham/ Kimberly Bynum Court Updates

Franklin County Courthouse

Hershel Graham waived his right to an arraignment last Friday and pleaded not guilty to the murder of David Martin Andrasik. His trial is scheduled for later this summer. It seems unlikely that Franklin County will pursue related charges against Graham's son Elijah, who has publicly announced he will be leaving Franklin County as soon as he is able to do so.

Related post: Why Wasn't Elijah Graham Indicted?

*****

A March 21st pre-trial for Kimberly Bynum has been continued. Her Franklin County trial is still presumed to be scheduled for this summer. After the verdict in the Amanda Duboise Watkins case, we may assume Bynum's attorney is being exceedingly vigilant in preparing for her case related to admitted sexual misconduct.

We are still receiving reports that Bynum has married, but have been unable to verify this. If anyone can provide us with documentation, please do so. This could greatly impact her trial.

Related posts: Kimberly Bynum's Long Term Affair?

*****

Not since Mike Royco and Lewis Grizzard has there been a national columnist more adept at humor than Reg Henry. Recently Henry has come under fire locally for...well, for being humorous. We suspect his detractors are closet Puritans who beat their rugs, add lead to their gasoline, and support the current management of Sweetwater Mansion. If you're not familiar with Henry, here's his bio. He appears every Sunday in the TimesDaily--one of the few things they actually get right.

Reg Henry

Shoalanda

Bowling & Airsoft: The Sports of Kings/Barry Lane

If you've watched much TV Land, you've probably seen the episode of Laverne & Shirley in which Squiggy (or was that Lenny?) declares, "Ah, bowling--the sport of kings." Apparently the late 1970s saw a new "sport" on the horizon. It came from Asia and it's called Airsoft. Let's just say that bowlers may have a right to be offended by our pairing their sport with Airsoft.

Acting on a total weapons ban, some Japanese companies began to produce versions of tactical weapons using what are commonly called BBs for ammunition. Others countries soon followed. After a reader informed us that Airsoft was not just one brand, but a generic name for weapons used in the sport of Airsoft, we found at least 15 companies that produce these watered down versions of high tech weaponry.

How common are Airsoft weapons? While illegal in Australia, Maylaysia, Korea, and some other countries, they're mainly legal in the United States. San Francisco, Washington, Chicago, New York City, and some smaller areas outlaw their purchase or use. No matter what the location in the U.S., all Airsoft guns are classified as illegal weapons if the orange tip has been removed or is painted over.

Can we definitely say Elijah Graham was holding an AK-47 assault rifle? No. We can definitely say that he was either pictured with an AK-47 or an illegal weapon.

*****

Last month, a Franklin County grand jury indicted Barry R. C. Lane for six counts of sodomy in connection with several incidents involving a young boy. The abuse began in 2004 and continued until last year. Lane quickly posted a 50K bond and returned to the free world. Unfortunately, this isn't such an unusual occurrence these days.

What is unusual is that 21 year-old Lane was already out on bail for similar crimes. From the July 20, 2011,  Franklin County Times:

A Russellville man was arrested Monday on sexually-related charges stemming from incidents that took place over a several-year period, officers said. Barry R.C. Lane, 21, 158 Franks Circle, Russellville, was charged with two counts of first-degree sodomy, second-degree possession of marijuana and another sexually-related charge. According to Franklin County Sheriff Shannon Oliver, the sheriff’s office received a report that Lane had sexually assaulted a female child under the age of 12. During the investigation, Oliver said Lane admitted to the sexual acts and said they were committed over the last several years and even as recently as last month. He is being held at the Franklin County Jail on a $50,000 bond.

Legally, Lane was entitled to the second bond; we do wish that the judicial powers that be in Franklin County had set the bond at a figure ensuring Lane would remain off the streets until his trial.

*****

Several readers have communicated they've tried to comment, but have been met with a spam filter. We're working on the problem, but it may involve the users' browser. While testing settings, some approved comments were inadvertently deleted. If your comment wasn't published, please resubmit, and thanks for reading.



Shoalanda

Tattoos & Violence and Judgment?

Two recent murder cases have provoked discussion on tattoos, and judging from some Facebook postings this is something everyone feels strongly about. Two men involved in local murder cases have proudly shown off new tats on their FB pages; do tattoos correlate with violent behavior? We found an interesting study that says yes, but if you have a tat, don't yell just yet. This is a synopsis of the study:

Results. Participants with tattoos and/or body piercings were more likely to have engaged in risk-taking behaviors and at greater degrees of involvement than those without either. These included disordered eating behavior, gateway drug use, hard drug use, sexual activity, and suicide. Violence was associated with males having tattoos and with females having body piercings. Gateway drug use was associated with younger age of both tattooing and body piercing. Hard drug use was associated with number of body piercings. Suicide was associated with females having tattoos and younger age of both tattooing and body piercing. Tattoos and body piercings were found to be more common in females than males.

The study doesn't contend that those with tattoos are more violent by nature. What it does present is that those guilty of violent acts are more likely to be tattooed than not. We have also been surprised by some comments on our own FB page concerning today's topic. One poster who owns a thriving business stated he would not hire anyone with visible tats since these techs go into people's homes. This surprised us, but we do see the rationale. Would a tech with a tattoo on his arm be unwelcome in our home? No, it wouldn't bother us in the least (We haven't checked with other bloggers in our group). What about piercings and scarifications? No, but since these types of body "art" carry inherent dangers of infection, we do wonder why anyone would choose them.

Pardon the digression and back on the subject of tats, here's some pics of two very young men recently accused of violent acts:

Tuscumbia Youth Arrested for Domestic Violence

Elijah Graham Accused of Complicity in Murder of David Andrasik

In closing, we hope everyone remembers that tattoos are usually pretty permanent. We suggest you think long and hard before getting that ink. If you decide you can't live without one, then check out the artist before you've said yes to that needle. Oh, we do hear it's painful...

*****

The arrest of one of two men accused of murdering David Andrasik has prompted the usual onslaught of "Judge not..." remarks. Are we as Christians, or any discerning individual, not to judge when a crime has taken place? If the answer is no, then there is no need for police or courts. Everyone from Charles Manson to Adolph Hitler is innocent by reason of (fill in the blank). No, we are most certainly to judge in many cases. Here's a quote that sums it up admirably:

F.F. Bruce: "Judgment is an ambiguous word, in Greek as in English: it may mean sitting in judgment on people (or even condemning them), or it may mean exercising a proper discrimination. In the former sense judgment is depreciated; in the latter sense it is recommended.



Shoalanda

A Real AK-47? Yep/Absentee Voting

The things we learn about society in general and gun afficiandos in particular never cease to amaze us. We recently published a photo of Elijah Graham holding a Russian AK-47 assault rifle...yes, a real one. One of young Mr. Graham's supporters quickly informed us that Elijah was actually holding an Airsoft brand air gun. Hmmm. Do such things actually exist? We would have bet no; however, we would have been wrong. Never underestimate the decadent desires of the American public.

Below is a photo of such an air rifle. Note the hollow, open stock and the orange tip. These two features distinguish the air gun from a real AK-47--which Elijah was holding. They also theoretically distinguish the air gun for the benefit of police. It's still a sobering thought that those who protect our lives and property are forced to contend with such "fun toys."

It's also a sobering thought that a father would buy his son a six hundred dollar assault rife.We're going to guess that supporters will now also contend that isn't a real cigarette the then 17 year-old Elijah is smoking?

 

Related post: Hershel Graham Indicted

*****

Absentee voting for the March 13 primary begins locally on Monday, February 6.  Individuals who are not be able to vote on March 13 between 7am and 7pm due to work or being out of town (for example) are eligible to vote absentee.  Candidates, as you campaign, you will discover voters who say, "I'll be out of town on March 13."  They might say, "My work schedule doesn't allow me to go vote."  Encourage them to vote absentee.  If there are any questions, contact the office of the county probate judge or circuit court clerk.  You can also visit the Secretary of State's website at http://www.sos.alabama.gov/Elections/AbsenteeVotingInfo.aspx.



Shoalanda

Why Wasn't Elijah Graham Indicted?

Hershel Dale Graham

Why wasn’t Elijah Graham indicted for assault against David Martin Andrasik? This is the question many readers have asked. We can offer only theories.

We’ve determined the younger Graham lacked one month being 18 when he committed the assault against David. If he were to be indicted, he would probably receive youthful offender status and his conviction, if any, be sealed. That begs the question should he have been indicted for helping disable David before his father Hershel Graham shot the young Red Bay father dead? We’ll inject here that if Elijah had been the one to pull the trigger he would almost certainly have been tried as an adult. The fact is Elijah, no matter how sinister his intentions, would have been charged with only assault if the situation had gone no further.

The defense would argue Elijah was an abused child—a motherless son who was not supervised by his father...or worse, whose own father abetted the under-age young man in purchasing cigarettes and tattoos. Should the elder Graham be convicted, Elijah will then be a de facto orphan, a fact that doesn’t bode well for his future.

*****

We’ve also been asked why the TimesDaily has published a somewhat one-sided version of the altercation that led to David Andrasik’s death. We rarely defend the journalism on the TD, but its writers can only publish the information they’ve been provided by the Red Bay police or the Franklin County District Attorney’s office. It’s certainly more than likely the writers at our local rag have no idea that David stopped because a dog belonging to the Grahams ran in front of his car.

We have to wonder if Red Bay officials are now enforcing the leash ordinance...or are they once again turning a blind eye?

Shoalanda

Hershel Dale Graham Indicted for Felony Murder

Alleged Driver with Russian Assault Rifle

One of two participants in the November 2011 shooting of David Martin Andrasik has been indicted by the January Franklin County grand jury. Hershel Dale Graham of Red Bay was arrested Wednesday and taken to the Franklin County Jail, charged with Felony murder. Graham's son Elijah, a 2011 graduate of Red Bay High School, has alternately been listed as 17 to 19 years of age. Witnesses say the younger Graham ran over Andrasik's foot before the elder Graham shot the victim in the heart.

Sources say bail was set at 100K, and Graham bonded out earlier today with instructions to stay away from the Andrasik family. If convicted, Hershel Graham will face 20 years to life in prison. We hope this is the beginning of some closure for David's wife Carla and his three young children. We encourage all our readers to join the Facebook page:

Justice for David Andrasik

*****

Update on Wilson High School volunteer coach charged with Second Degree Rape: Several sources have stated that Dana Myhan Allen will plead not guilty by reason of mental defect. Just as former Sheffield Junior High teacher Amanda Duboise Watkins claimed an earlier rape clouded her judgment, Allen will allege the advances of an older teacher/mentor while she was a student at Wilson left her with the inability to comprehend the enormity of her actions. If convicted, Allen faces two to 20 years in prison.

Shoalanda

Ricky Walter Denton Redefines "Habitual"

Tuscumbia's Ricky Walter Denton has just been sentenced to prison...again. Denton's career stretches back to the mid-1980s, and by the time he was arrested for drug trafficking in 1997, this perennial bad boy had convictions for six prior felonies, including burglary, promoting prison contraband, and leaving the scene of an accident...as well as two major drug convictions. Colbert County District Attorney Gary Alverson initially sought to have Denton tried as a habitual offender for the trafficking operation he conducted both from his home and a locker at the Dungeon Gym.

However, Denton agreed to a plea deal of 15 years, and was a free man again by 2001, when he was again arrested for drug trafficking. By 2004, Denton was 38 years old and wanted for fleeing a forgery charge. Back in prison by 2006, Denton began a long list of suits against government agencies including the Drug Task Force and the Colbert County Sheriff. By 2009, Denton was yet again free and took part in a robbery of a Ford City bank.

It was during the investigation of Denton for that crime that his involvement in a major tax fraud scheme was discovered. His partner in crime, Joann Smith Choat, will serve 12 months in Federal prison while Denton has been sentenced to 70 months. Ricky Walter Denton is still serving his state sentence for armed robbery. How long before he again returns to the free world? No matter how long, it seems as if incarceration has failed to teach this Tuscumbia terror the error of his ways.

*****

The Franklin County grand jury met earlier today. A list of indictments should be forthcoming shortly, and at that time we will know what charges will be brought against the killer(s) of David Martin Andrasik.

One of the accused, Elijah Graham, has been asking for support on Facebook. Fortunately, if he and/or his father are indicted, it will take more than well wishes on a social networking site to spare them punishment for this heinous crime.




Shoalanda
Comments welcome. No profanity, vulgarity, or libelous statements...

Does "Castle Doctrine" Apply to David Andrasik Killing?

David Andrasik & Daughter

Are you familiar with Alabama's "Castle Doctrine?" Unless you're one of our legal eagle friends, you may not have heard of this law that officially went into effect in April 2006. According to a news source at the time:

The “Castle Doctrine” bill removes the “duty to retreat” if an individual is attacked in his or her home, vehicle, place of business or any other place he or she has a legal right to be. This legislation also states that victims may use necessary force to defend themselves against the attacker.

Does this law apply to the killing of David Martin Andrasik, a 42 year-old father of three? Andrasik was shot in the Red Bay yard of Hershel D. Graham in early November. How was Graham, supposedly in his home and able to call police, attacked by Andrasik while David spoke with Graham's son Elijah outside? Why would a gun be considered necessary force since Andrasik was unarmed and outnumbered on the Graham property?

These are questions that will be presented to a Franklin County grand jury next month. Others have questioned how Hershel Graham, commonly known to have mental problems, was legally able to own a handgun. We have no answer to that, but not all mental illnesses result in commitments, and not all commitments are public record. Those who demand less restrictive gun laws need to address these issues.

Justice for David Martin Andrasik

*****

Joe Rhoden, in a letter to the TimesDaily, has questioned the existence of a contract requiring RegionalCare to build the new hospital in Lauderdale County. He suggests the contract should be made public. While we have not seen the contract, it would be logical to assume a copy of the contract is on file with both the Florence City Council and the Lauderdale County Commission. We feel sure either entity would be happy to produce the contract for him personally. Not everything is a conspiracy, Mr. Rhoden.

*****

According to Amanda Leeth Taylor's father Billy Leeth, he, his son, and one daughter have been asked to provide DNA samples for testing against remains that were found this weekend on Gnat Pond Road in Leighton.

Amanda has been missing for six weeks, with little publicity to help with the search. Amanda's family is hoping the results of the testing will rule out Amanda, but they will still be no closer to finding the 32 year old.

For further updates you may visit:

Our Daugher Amanda Taylor is Missing

Shoalanda