- North Carolina’s Governor Roy Cooper signed House Bill 474 on Monday, also known as the “death by distribution” act.
- Under the new law, anyone illegally selling controlled substances that cause a person’s death could be hit with the same type of felony charge and punishment as second-degree murder.
- Supporters of the law say harsher punishment and charges will make drug dealers think twice about selling controlled substances.
- Meanwhile, those against the bill say that not only is the act targeting the wrong people, but it could deter people from calling 911 if someone is overdosing.
Prosecutors in North Carolina will be able to charge anyone illegally selling a controlled substance with the same type of felony charge and punishment as second-degree murder if the substance they sold resulted in an overdose and “was the proximate cause of the victim’s death,” according to a new bill.
Under the new law, which was signed by Governor Roy Cooper on Monday, an illegal seller or drug dealer could face one of two charges if found guilty: aggravated death by distribution or death by distribution. The main difference between the two is that the charge becomes aggravated when the suspect has a similar previous conviction.
Suspects charged with aggravated death by distribution face a Class B2 felony, which according to North Carolina’s court system, is the same class as a second-degree murder charge and carries a maximum sentence of 484 months in prison.
The other charge, death by distribution, is deemed a Class C felony, which is the same class as first-degree kidnapping or assault and has a maximum sentence of 19 years in prison.
The bill specifically states that the charges only apply to illegal sellers.
Lawmakers behind the bill say they hope the act will, “encourage effective intervention by the criminal justice system to hold illegal drug dealers accountable for criminal conduct that results in death.”
One of the sponsors of the bill, Representative Dean Arp, says that the act is necessary and compares the law to a drunk driver being punished if they killed someone.
“You didn’t do it with malice, but you did kill somebody so you still have to be held accountable,” he told local reporters.
District attorneys around North Carolina have spoken out in support of the bill as well. Cumberland County’s Billy West stated: “it’s a violent crime, and this bill treats it like a violent crime.”
Union County’s Trey Robinson told members of the House Judiciary Committee, “we have a hole in our law that is preventing us from going after people who are actually selling this stuff as a commercial enterprise.”
However, others have argued the act will harm the already existing Good Samaritan Law, which prevents people from being criminally prosecuted if they call 911 or other law enforcement for help during a drug overdose.
Representative Sydney Batch was one of the lawmakers who spoke out against the bill. She previously told WRAL, “I’m concerned people are not going to call when their friend, a family member or someone else [overdoses].”
A line was later added to the bill, specifically stating that death by distribution will not “restrict or interfere with the rights and immunities provided” under the Good Samaritan law. This prompted Batch to vote for the bill to pass when the North Carolina House of Representatives met in June.
Some who have also voiced their concerns are parents whose children have died from an overdose, worrying the law targets the wrong group as criminals.
“We don’t care about the subsistence dealer. We don’t care about 16-year-olds sharing needles,” one mother told local papers. “We care about the people that have established a chain of commerce and are bringing this stuff into our counties. That’s who we’re trying to get.”
Others on social media agreed with the parents and echoed their concerns on Twitter. Some posted about how the bill will not incarcerate the right people and called it “a huge step backward.”
Even though the law has been signed, it will not go into effect until December. Some people in North Carolina are still protesting the act, with one planned for Wednesday night.
Ohio Will Give 5 People $1 Million for Getting Vaccinated
- Ohio is launching a lottery program that will give five people ages 18 or older $1 million each if they receive at least one dose of a COVID-19 vaccine.
- Five vaccinated people between 12 and 17 years old will win full four-year scholarships to one of the state’s public universities under a similar giveaway program.
- Some have criticized the move as a waste and misuse of federal coronavirus relief funds, but others applauded it as a strong effort to boost slumping vaccination rates.
- Gov. Mike DeWine (R) addressed critics on Twitter, writing, “The real waste at this point in the pandemic — when the vaccine is readily available to anyone who wants it — is a life lost to COVID-19.”
Ohio Announces Vaccine Lottery
Several states and cities across the country have been rolling out different incentives to help boost COVID-19 vaccination rates. Some are offering $100 savings bonds, $50 prepaid cards, and even free alcohol, but Ohio’s Republican Gov. Mike DeWine took it a step further Wednesday, saying that five people in his state will each win $1 million for getting vaccinated.
DeWine said that the lottery program, named “Ohio Vax-a-Million,” will be open to residents 18 and older who receive at least one dose. Drawings start May 26 and winners will be pulled from the state’s voter registration database.
The Ohio Lottery will conduct the drawings, but the money will come from existing federal coronavirus relief funds.
Younger people will also have a chance to win something. That’s because DeWine said five vaccinated people between 12 and 17 years old will be eligible to win a full four-year scholarship to one of the state’s public universities under a similar lottery program. The portal to sign up for that opens May 18.
DeWine Defends Lottery
Reactions to the giveaway have been mixed. Some echoed statements from State Rep. Emilia Sykes, the top House Democrat, who said, “Using millions of dollars in relief funds in a drawing is a grave misuse of money that could be going to respond to this ongoing crisis.”
DeWine, however, seems to have anticipated pushback like this.
“I know that some may say, ‘DeWine, you’re crazy! This million-dollar drawing idea of yours is a waste of money,'” he tweeted. “But truly, the real waste at this point in the pandemic — when the vaccine is readily available to anyone who wants it — is a life lost to COVID-19.”
Despite some backlash, a ton of other people have applauded the plan as a smart way to encourage vaccinations across all age groups. So far, about 36%of Ohio’s population has been fully vaccinated — compared with 35% nationally.
Still, the number of people seeking vaccines has dropped in recent weeks, with an average of about 16,500 starting the process last week, which is down from figures above 80,000 in April.
See what others are saying: (AP News) (NPR)(The New York Times)
Derek Chauvin Qualifies for Longer Sentence Over George Floyd’s Murder, Judge Rules
- A judge overseeing the trial of Derek Chauvin ruled Wednesday that there were enough aggravating factors in the former officer’s murder of George Floyd that could qualify him for a longer prison sentence.
- While Chauvin was found guilty on all three charges he faced, Minnesota state law only allows him to receive prison time for the most serious charge of second-degree homicide, which has a max sentence of 40 years but a recommended sentence of 12.5 years for people with no criminal history.
- The judge ultimately agreed that Chauvin qualifies for longer sentencing because prosecutors had proven that he abused his power as a police officer, acted “particularly cruel” to Floyd, and committed the crime in front of children with at least three other people.
- Chauvin is currently scheduled to be sentenced on June 25.
Judge Cahill Rules on Aggravating Factors
Hennepin County District Judge Peter Cahill, who oversaw the murder trial of Derek Chauvin, has ruled that there were aggravating factors in the former Minneapolis police officer’s murder of George Floyd, thus qualifying him for a longer sentence.
While the jury found Chauvin guilty on all three charges he was facing, Minnesota law says that he will only face sentencing for the most serious charge, which in this case is second-degree murder.
That charge carries a maximum sentence of 40 years, but state sentencing guidelines recommend 12 and a half years for someone with no criminal history. Prosecutors asked Judge Cahill for what’s called an “upward sentencing departure,” arguing that there were five factors that should open Chauvin up to a maximum sentence.
In a ruling made public Wednesday, Cahill wrote that prosecutors had proved beyond a reasonable doubt four of those five factors.
In his decision, Cahill agreed with the prosecutor’s claim that Chauvin had “abused his position of trust and authority” as a police officer and that he “knew from his training and experience” that the neck restraint he used Floyd in “danger of positional asphyxia.”
Cahill also supported the argument that the former officer had been “particularly cruel” to Floyd, who he wrote “was begging for his life and obviously terrified by the knowledge he was likely to die,” adding that Chauvin “remained indifferent to Mr. Floyd’s pleas.”
The third and fourth aggravating factors that the judge sided with prosecutors on were that Chauvin had committed the crime as part of a group of three or more people and that he perpetrated that crime in front of children.
Notably, Cahill did reject the fifth aggravating factor brought by prosecutors, who argued Floyd was “particularly vulnerable” because he was handcuffed and held facedown on the street. The judge said that prosecutors did not prove that argument, writing that Floyd had been able to resist arrest before he was put on the ground.
The ruling comes just a few days after Chauvin and the three other officers were indicted on federal civil rights charges by a grand jury.
Chauvin was also indicted on a second, separate federal charge related to the arrest of a 14-year-old boy in September 2017, during which he allegedly held the boy by the neck and hit him with a flashlight repeatedly.
According to reports, if he is convicted, he would likely serve the federal sentence at the same time as his state one. However, the federal charges may impact the pending August trial of the three other officers, who have been charged with aiding and abetting murder and manslaughter.
Separately, last week, Chauvin’s defense attorney filed a motion for a new trial, alleging misconduct by the judge, prosecutors, and jurors, signaling additional continued litigation.
See what others are saying: (The Washington Post) (NPR) (CNN)
Teens Attack and Rob 80-Year-Old Asian Man in Northern California
- Viral surveillance footage shows an 80-year-old Asian man in the San Francisco Bay area being assaulted and robbed on Saturday by suspects who police say are teenagers.
- Police believe the suspects are as young as 16, and at one point, one can be heard in the video giggling from the getaway car as the victim cries for help.
- The news comes after the nonprofit Stop AAPI Hate released data showing that reports of anti-Asian hate incidents in the U.S. jumped by almost 74% year-over-year in March.
Suspect Laughs at Victim During Attack
Surveillance video going viral on social media captured an 80-year-old Asian man in the San Francisco Bay area getting assaulted and robbed on Saturday by suspects who police believe are teenagers.
The full video is extremely distressing. It shows the man getting knocked to the ground, trying to fight off his attackers as he cries for help. To make matters worse, at one point, high-pitched giggles can be heard coming from another teen in the background. That person appears to be inside a getaway car nearby.
The victim was robbed of a watch and sustained minor injuries. Police have also said that a vehicle similar to the one used in this case was spotted at a strong-armed robbery in a nearby San Leandro area less than two hours later, where another victim was robbed of her purse.
Police believe the suspects are as young as 16.
Surge of Crimes Against Asians in U.S.
This is just the latest violent attack against an Asian person making headlines since the start of the coronavirus pandemic.
Last week, reports emerged regarding two Asian women who were attacked with a hammer in Times Square by someone demanding they remove their masks. Two other Asian women were recently stabbed while waiting for the bus in downtown San Francisco.
The San Francisco-based nonprofit Stop AAPI Hate released data Thursday saying that reports of anti-Asian hate incidents in the U.S. jumped by almost 74% year-over-year in March — with Chinese people as victims in 44% of these acts.
Vancouver Sees Massive Influx of Anti-Asian Hate
While anti-Asian hate crimes have surged in the U.S., the situation may be worse in Canada, specifically in Vancouver. Around 42% of people in Vancouver are of Asian descent and at least 25% speak Chinese — making it the most heavily Asian city in North America.
Still, it witnessed a 717% year-over-year surge in anti-Asian hate crimes in 2020, according to the Vancouver Police Department. Bloomberg even dubbed it the Anti-Asian hate crime capital of North America, saying more anti-Asian hate crimes were reported in the city of 700,000 people last year than in the 10 largest U.S. cities combined.
That’s part of why people all across the city are participating in more organized action to speak out against anti-Asian hate. For instance, several rallies took place in Vancouver Monday to mark the National Day of Action Against Anti-Asian Racism.