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State of North Carolina v. Ricky Francis Rawson, Jr.
Date: 09-17-2024
Case Number: 22CRS1610
Judge: R. Gregory Home
Court: Superior Court, Buncombe County, North Carolina
Plaintiff's Attorney: Buncombe county North Carolina District Attorney's Office
Defendant's Attorney:
Click Here For The Best Asheville Criminal Defense Lawyer Directory
Description:
Defendant appeals from his 15 December 2022 conviction on a single charge of violating a domestic violence protective order ("DVPO") under N.C. G.S. § 50B-4.1(a) in Buncombe County Superior Court. The trial in Superior Court was held pursuant to an appeal from a conviction on the same charge in Buncombe County District Court on 19 October 2022. At issue in the case was the allegedly threatening content of an email sent from Defendant to the mother of his child and beneficiary of the DVPO ("Mother"). The email chain between Defendant and Mother containing the alleged threat concerned a visitation irregularity involving their child and read as follows:
[MOTHER:] It's 9 am on Sunday. Jacob will reach out to you to reschedule for the time you missed on Thursday evening because of our delayed flight.
Thank you.
3
I think he may have left his new Adidas shoes and his red hoody there. Please send them back with him if he did.
[DEFENDANT:] He has a lot more here than that. Not from you but all of his stuff from my side and his memories are here. I hope you know this. I have way too much here to lose. I have a feeling I know what you did [Mother]. If you did I want you to know what you are destroying and making both him and I lose. [Your custody attorney] is not the visitation master. And you can't just make up time lost and expect that is okay. You can't do things and expect it is okay. If you think this makes you any kind of a decent person you are mistaken deeply. And I will be back. This time to fullfil [sic] promises made a long time ago. And he will never forgive you. So just know this. I will look around and see if I can find them.
The DVPO at issue provided, in relevant part, that "Defendant shall not commit any further acts of domestic violence or make any threats of domestic violence[.]"
Before his Superior Court trial, Defendant moved to dismiss the charge on the basis of due process and double jeopardy violations that allegedly occurred when he was taken to jail for six hours when he appeared in the courthouse for his first appearance in Superior Court. At the hearing on the motion, Defendant testified as to an exchange that occurred surrounding his District Court trial in late October 2022:
[Q.] Ricky, do you recall trying a case on October 19th of 2022?
A. Yes, ma'am.
Q. And were you representing yourself in that matter?
4
A. I was.
Q. Was that in a District Court 2A in Buncombe County?
A. That's correct.
Q. And were you in front of the Honorable Julie Kepple?
A. Yes, I was.
Q. And on that day when you were representing yourself, you were acquitted of communicating threats, correct?
A. Yes.
Q. And you were convicted of what's here before the Court today, which is one count of a domestic violence restraining order violation?
A. Yes.
. . . .
Q. How did you end up entering your appeal?
A. While I was in jail through help from you.
. . . .
Q. Now, when you gave notice of appeal, you were still in custody?
A. Yes.
Q. At any point in time, were you released by the Buncombe County Jail after you gave notice of appeal?
A. Yes. Sometime very late that night, I was released.
Q. And it was your wish to come before this Court to have a jury trial at that point in time?
5
A. Yes.
Q. Now, it's a little strange seeing that this is my affidavit, but were you told to be here on 10/24?
A. Yes.
Q. And were you, in fact, in Superior Court on 10/24 of 2022?
A. I was.
. . . .
Q. Did you notice -- it's always hindsight that is foresight, but did you notice anything strange when you entered the courthouse?
A. That three of the sheriffs got on their cell phones and was trying to talk to somebody -- I'm not sure -- as I was going through the metal detectors. And then they asked me if I knew where I was headed, and I said, "Yeah." I was headed to the fifth floor for Superior Court for the appeal.
. . . .
Q. Now, what happened once you arrived at the fifth-floor courtroom?
A. As soon as I came in, I sat in one of the back rows there in the left-hand side close to the door. And then the -- one of the sheriff gentlemen opened the door and motioned to me to come with him.
. . . .
Q. And did you comply?
A. Yes.
6
Q. And was anyone else in the hallway with this gentleman, or was he alone?
A. He was escorted by four more sheriffs.
Q. So how many sheriff's deputies came and were waiting in this hallway for you?
A. Five of them.
Q. And --
A. Four, plus him.
Q. Four, plus him?
A. Yes.
Q. And what was conveyed to you as to why you were being summoned to the hallway?
A. That there was just some issue that we needed to get clarified and that I was to go over to 2B with them to go in front of Judge Kepple.
Q. And did you comply?
A. Yes.
Q. And were you in handcuffs, or how did this go?
A. Not at that time.
. . . .
Q. And how long were you in the hallway waiting?
A. Five minutes maybe.
Q. And what happened next?
7
A. The four sheriffs came out of the courtroom, and one gentleman asked me to place my hands behind my back, and that's when they put me in handcuffs.
Q. For what?
A. I'm not really sure. And they wouldn't really -- they couldn't really tell me the reason why.
Q. At any point in time, did you go into District Court 2B?
A. No. Not at that time, not on that day.
Q. At any point in time, were you able to address the Court on 10/24?
A. No.
Q. And on 10/24, Mr. Rawson, you were still representing yourself as of that moment?
A. Yes.
Q. So you ended up in the jail. Would that be accurate?
A. Yes.
Q. And what was your bond on 10/24?
A. I didn't have one.
Q. Didn't have one in that there was a no-bond?
A. I didn't have one as in, it was saying that I was sentenced. That I was sentenced. I believe that's what it said on the paperwork.
Q. Now, at some point on 10/24, were you released?
A. Yes. About -- it was about right towards the end of the court day. It was about 4:30, 5:00 in the afternoon is when
8
I was released.
A police sergeant who was present at the courthouse testified that Defendant was taken into custody on 24 October 2022 at the instruction of the District Court judge who sentenced Defendant:
Q. And you heard the testimony of Mr. Rawson. It's been about two months ago, but do you recall October 24th?
A. I do.
Q. And were you at work that day?
A. I was.
Q. And how did you become involved on October 24th? Did anyone summon you to the courtroom?
A. No, I do not believe so. I -- the way that I recall it is that there was questions over the appeal process for Mr. Rawson, and they was wondering why he was released.
Q. And when you say "they," who is "they"?
A. The sergeants that was working in the courthouse.
Q. And at any point in time, did you speak with Judge Kepple in 2B that day?
A. I did.
Q. And did you see Mr. Rawson in the hallway that day?
A. I did.
Q. And can you recall speaking to Judge Kepple that day in District Court 2B and what was indicated to you?
A. I do remember talking to her, and it was that she wanted
9
him taken back into custody, and she would address his bond later that day, as she believed that he had to go in front of her since he appealed it.
Q. Now, when folks are placed in custody, ordinarily, there's some type of paperwork that accompanies them, like a warrant, for example. Was there ever a warrant for Mr. Rawson?
A. No.
Q. And what -- other than Judge Kepple asking that he be placed in custody, was there anything in writing?
A. No.
Q. And is that what ended up happening after the conversation with Judge Kepple?
A. That he be placed in custody?
Q. Yes.
A. It was.
* * *
State v. Rawson, COA23-610 (N.C. App. Sep 17, 2024)
Asheville, North Carolina violation of domestic violence protective order criminal defense lawyer represented the Defendant.
Defendant appeals from his 15 December 2022 conviction on a single charge of violating a domestic violence protective order ("DVPO") under N.C. G.S. § 50B-4.1(a) in Buncombe County Superior Court. The trial in Superior Court was held pursuant to an appeal from a conviction on the same charge in Buncombe County District Court on 19 October 2022. At issue in the case was the allegedly threatening content of an email sent from Defendant to the mother of his child and beneficiary of the DVPO ("Mother"). The email chain between Defendant and Mother containing the alleged threat concerned a visitation irregularity involving their child and read as follows:
[MOTHER:] It's 9 am on Sunday. Jacob will reach out to you to reschedule for the time you missed on Thursday evening because of our delayed flight.
Thank you.
3
I think he may have left his new Adidas shoes and his red hoody there. Please send them back with him if he did.
[DEFENDANT:] He has a lot more here than that. Not from you but all of his stuff from my side and his memories are here. I hope you know this. I have way too much here to lose. I have a feeling I know what you did [Mother]. If you did I want you to know what you are destroying and making both him and I lose. [Your custody attorney] is not the visitation master. And you can't just make up time lost and expect that is okay. You can't do things and expect it is okay. If you think this makes you any kind of a decent person you are mistaken deeply. And I will be back. This time to fullfil [sic] promises made a long time ago. And he will never forgive you. So just know this. I will look around and see if I can find them.
The DVPO at issue provided, in relevant part, that "Defendant shall not commit any further acts of domestic violence or make any threats of domestic violence[.]"
Before his Superior Court trial, Defendant moved to dismiss the charge on the basis of due process and double jeopardy violations that allegedly occurred when he was taken to jail for six hours when he appeared in the courthouse for his first appearance in Superior Court. At the hearing on the motion, Defendant testified as to an exchange that occurred surrounding his District Court trial in late October 2022:
[Q.] Ricky, do you recall trying a case on October 19th of 2022?
A. Yes, ma'am.
Q. And were you representing yourself in that matter?
4
A. I was.
Q. Was that in a District Court 2A in Buncombe County?
A. That's correct.
Q. And were you in front of the Honorable Julie Kepple?
A. Yes, I was.
Q. And on that day when you were representing yourself, you were acquitted of communicating threats, correct?
A. Yes.
Q. And you were convicted of what's here before the Court today, which is one count of a domestic violence restraining order violation?
A. Yes.
. . . .
Q. How did you end up entering your appeal?
A. While I was in jail through help from you.
. . . .
Q. Now, when you gave notice of appeal, you were still in custody?
A. Yes.
Q. At any point in time, were you released by the Buncombe County Jail after you gave notice of appeal?
A. Yes. Sometime very late that night, I was released.
Q. And it was your wish to come before this Court to have a jury trial at that point in time?
5
A. Yes.
Q. Now, it's a little strange seeing that this is my affidavit, but were you told to be here on 10/24?
A. Yes.
Q. And were you, in fact, in Superior Court on 10/24 of 2022?
A. I was.
. . . .
Q. Did you notice -- it's always hindsight that is foresight, but did you notice anything strange when you entered the courthouse?
A. That three of the sheriffs got on their cell phones and was trying to talk to somebody -- I'm not sure -- as I was going through the metal detectors. And then they asked me if I knew where I was headed, and I said, "Yeah." I was headed to the fifth floor for Superior Court for the appeal.
. . . .
Q. Now, what happened once you arrived at the fifth-floor courtroom?
A. As soon as I came in, I sat in one of the back rows there in the left-hand side close to the door. And then the -- one of the sheriff gentlemen opened the door and motioned to me to come with him.
. . . .
Q. And did you comply?
A. Yes.
6
Q. And was anyone else in the hallway with this gentleman, or was he alone?
A. He was escorted by four more sheriffs.
Q. So how many sheriff's deputies came and were waiting in this hallway for you?
A. Five of them.
Q. And --
A. Four, plus him.
Q. Four, plus him?
A. Yes.
Q. And what was conveyed to you as to why you were being summoned to the hallway?
A. That there was just some issue that we needed to get clarified and that I was to go over to 2B with them to go in front of Judge Kepple.
Q. And did you comply?
A. Yes.
Q. And were you in handcuffs, or how did this go?
A. Not at that time.
. . . .
Q. And how long were you in the hallway waiting?
A. Five minutes maybe.
Q. And what happened next?
7
A. The four sheriffs came out of the courtroom, and one gentleman asked me to place my hands behind my back, and that's when they put me in handcuffs.
Q. For what?
A. I'm not really sure. And they wouldn't really -- they couldn't really tell me the reason why.
Q. At any point in time, did you go into District Court 2B?
A. No. Not at that time, not on that day.
Q. At any point in time, were you able to address the Court on 10/24?
A. No.
Q. And on 10/24, Mr. Rawson, you were still representing yourself as of that moment?
A. Yes.
Q. So you ended up in the jail. Would that be accurate?
A. Yes.
Q. And what was your bond on 10/24?
A. I didn't have one.
Q. Didn't have one in that there was a no-bond?
A. I didn't have one as in, it was saying that I was sentenced. That I was sentenced. I believe that's what it said on the paperwork.
Q. Now, at some point on 10/24, were you released?
A. Yes. About -- it was about right towards the end of the court day. It was about 4:30, 5:00 in the afternoon is when
8
I was released.
A police sergeant who was present at the courthouse testified that Defendant was taken into custody on 24 October 2022 at the instruction of the District Court judge who sentenced Defendant:
Q. And you heard the testimony of Mr. Rawson. It's been about two months ago, but do you recall October 24th?
A. I do.
Q. And were you at work that day?
A. I was.
Q. And how did you become involved on October 24th? Did anyone summon you to the courtroom?
A. No, I do not believe so. I -- the way that I recall it is that there was questions over the appeal process for Mr. Rawson, and they was wondering why he was released.
Q. And when you say "they," who is "they"?
A. The sergeants that was working in the courthouse.
Q. And at any point in time, did you speak with Judge Kepple in 2B that day?
A. I did.
Q. And did you see Mr. Rawson in the hallway that day?
A. I did.
Q. And can you recall speaking to Judge Kepple that day in District Court 2B and what was indicated to you?
A. I do remember talking to her, and it was that she wanted
9
him taken back into custody, and she would address his bond later that day, as she believed that he had to go in front of her since he appealed it.
Q. Now, when folks are placed in custody, ordinarily, there's some type of paperwork that accompanies them, like a warrant, for example. Was there ever a warrant for Mr. Rawson?
A. No.
Q. And what -- other than Judge Kepple asking that he be placed in custody, was there anything in writing?
A. No.
Q. And is that what ended up happening after the conversation with Judge Kepple?
A. That he be placed in custody?
Q. Yes.
A. It was.
* * *
State v. Rawson, COA23-610 (N.C. App. Sep 17, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of North Carolina v. Ricky Francis Rawson, Jr.?
The outcome was: Affirmed
Which court heard State of North Carolina v. Ricky Francis Rawson, Jr.?
This case was heard in Superior Court, Buncombe County, North Carolina, NC. The presiding judge was R. Gregory Home.
Who were the attorneys in State of North Carolina v. Ricky Francis Rawson, Jr.?
Plaintiff's attorney: Buncombe county North Carolina District Attorney's Office. Defendant's attorney: Click Here For The Best Asheville Criminal Defense Lawyer Directory.
When was State of North Carolina v. Ricky Francis Rawson, Jr. decided?
This case was decided on September 17, 2024.