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Grand jury ups the ante on felons

2 indicted under both habitual laws


Two Wilson men who have more than 300 past and present charges combined now face grand jury indictments under both the habitual felon law and the state’s new habitual breaking and entering statute.

Corey Atkinson, 43, of 801 Whitehead Ave., was indicted in January under both state measures that target repeat offenders. He was accused last year of committing breaking and entering crimes while he was out on a $2,500 bond on other charges. And following his arrest on additional felony charges, he was released the same day on a $3,000 bond.



A judge subsequently raised his bond to $45,000 at the urging of  Wilson prosecutors.

Gregory Lamont Melton, 41, 910 Meadow St., was also indicted under both habitual laws in January. A convicted habitual felon with 59 disposed cases in his life, Melton has pending charges of breaking into five homes in one day, including the homes of four Hispanic residents.

Wilson police have said both men have victimized residents and businesses for years and caused officers to expend resources in their efforts to repeatedly investigate and arrest them.

James M. Markham, assistant professor of public law and government at the UNC School of Government, noted there’s nothing in state statutes that says a person couldn’t qualify under both laws at the same time.

“It’s certainly possible,” sai
d Markham, who write extensively about criminal law and procedure, particularly corrections and sentencing law. Of course, something the state can’t do is take the same conviction and use it to leapfrop that conviction up the North Carolina sentencing grid with a two-step process involving both laws, he said.

In almost every case the habitual felon law offers a greater sentencing penalty, but it takes more convictions to quality for it.

Wilson County Assistant District Attorney Charles Thomas noted you can indict on both. “We intend to use every tool available to us,” Thomas said.

He pointed out it all hinges on getting a conviction on the underlying felony as the habitual measures are an enhancement, not an actual charge.

And whereas theoretically someone could be convicted under both laws if there are enough different groupings of pending cases, officials acknowledge it’s unlikely.

But with the new habitual breaking and entering entering the picture, if a defendant is indicted on both, one could theoretically be a point of bargaining in a plea to the other one.

Prosecutors likely wouldn’t proceed with a breaking and entering enhancement if they could be successful with a habitual felon enhancement.
  

GREGORY MELTON

On Aug. 6, five Wilson houses or apartments were broken into, “all within a stone’s throw from each other,” Wilson Police Sgt. Kelly Lamm previously said. It was a busy if not particularly lucrative day for Melton, according to police reports, which document all the break-ins occurred between 9:45 in the morning and 4:30 in the afternoon. In most cases, doors were kicked in and residents found Melton in their home, reports said.

Melton was being held without bond because of a p
arole violation. He was arrested on Aug. 13 on an outstanding warrant for the parole violation. Melton is currently charged with five counts of breaking and entering and two counts of larceny after breaking and entering.

Melton’s conviction record goes back decades in Wilson County and includes breaking and entering, larceny, possession of Schedule II drugs, resisting an officer, and possession of Schedule VI drugs. He was convicted of being a habitual felon in 2004 in Greene County.

  
COREY ATKINSON

A judge increased Atkinson’s bond to $45,000 after prosecutors argued the matter was a “safety issue for the Wilson community.”

Atkinson, whose file at the Wilson County Clerk of Court’s office is extensive and lists hundreds of charges, has a criminal history that dates back nearly two decades.

In September, Atkinson was arrested on charges of breaking and entering at Wilson Lawn and Garden on Tilghman Road, according to police. The most recent charges stem from break-ins and robberies at two Wilson homes — one on the 2000 block of Sulgrave Drive on Sept. 22-23 and one on the 1300 block of Gold Street on Oct. 12-13, according to police.

Atkinson was once charged with defrauding an innkeeper. He’s also faced charges of carrying a concealed weapon, concealment of goods, assault on a female, fictitious information to officer, five counts of misrepresentation to obtain ESC benefits, second-degree trespass and larceny of chose in action. Past charges include drug-related offenses such as possession of cocaine and possession with intent to sell and distribute cocaine. There was a habitual felon status attachment in his criminal file that has a notation of dismissed by district attorney under specific conditions that he plead guilty to felony breaking and entering and felony fl
ee to elude.

Investigators have said Atkinson has made a career out of victimizing businesses.

A Wilson County sheriff’s official said neither Atkinson nor Melton was currently housed in the county’s detention center.

 
THE NEW LAW

In 2011, North Carolina lawmakers approved certain changes in its criminal justice system through the Justice Reinvestment Act, which includes the habitual breaking and entering provision.

If a suspect is charged with felony breaking and entering and has one or more prior breaking and entering convictions, the district attorney can charge the suspect as a habitual breaking and entering status offender. If the suspect is convicted, he or she may be sentenced as a Class E felon, a more punitive classification than a Class H felon, which would have been the case otherwise.

Felonies range from classifications under the law from A to I, which is most to least severe in terms of structured sentencing punishments in North Carolina.

The law is effective for principal breaking and entering felonies committed on or after Dec. 1, 2011. Before the change, sentences reportedly didn’t increase for offenders until their fourth conviction.

Jeff Welty, assistant professor of public law and government at the UNC School of Government, said the new status offense on breaking and entering is modeled loosely on the previous habitual felon status in North Carolina, which was a four-strikes-and-you’re-out offense.

Here’s what it could potentially mean to a suspect: Depending upon someone’s previous record, if you are charged with breaking and entering, a Class H felony, you might be looking at probation or an active term under a year. With a Class E felony, you’re talking about potenti
ally an active sentence of about three years. In the case of habitual breaking and entering, it raises the punishment three felony classes from the underlying felony.

 
ANOTHER INDICTMENT

Tyrone Demar Draughn, 26, was also indicted in January under the habitual breaking and entering law. Four people have now been indicted under the new law in Wilson County.

Draughn has pending charges of breaking and entering and larceny after breaking and entering. He also has pending drug charges of possession with intent to sell and distribute marijuana and simple possession of Schedule VI controlled substance and possession of drug paraphernalia. Draughn has a previous conviction history including breaking and entering, larceny, possession of firearm by felon and common law robbery.

Markham noted with the timing of the new law taking effect that indictments likely are starting to come down in many North Carolina counties. He also noted prosecutors vary widely across the state in how much they make use of the habitual status laws. Thomas has stated Wilson intends to make good use of both.
 

jjimison@wilsontimes.com | 265-7813

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