A Gaston County family is demanding fair treatment as teenage twin brothers Paden and La'Dainian Fuller face attempted first-degree murder charges in adult court.
The charges stem from an incident in October 2021.
Dawn Blagrove, executive director of Emancipate NC, working with the Fuller family, said the brothers were riding home on their bikes and encountered police due to street closures for a fireworks show. The situation escalated, resulting in a physical altercation.
Blagrove asserted La'Dainian Fuller acted out of fear to protect his brother, placing an officer in a headlock. She pointed out the officer sustained minor injuries and no medical attention was required. The boys, who were 15 at the time and have developmental delays, both now face adult criminal charges, which the family claims are racially motivated.
"If these were white children riding their bikes, trying to get home, the situation would have been handled very differently," Blagrove contended. "I really believe that, because these are Black boys, this district attorney is using this situation to try to appear 'tough on crime' in a way that is having an absolutely absurd result."
Blagrove added the charges for one of the twins were originally dropped, but then reinstated mid-August. While District Attorney Travis Page has not commented publicly, Emancipate NC is asking for the case be dismissed or at least be returned to juvenile court.
Blagrove noted North Carolina was the final state to raise the age of juvenile court jurisdiction to 18, but only for minor felonies and misdemeanor cases. It means district attorneys can still request anyone under age 16, accused of more serious felonies, be tried in adult court.
According to Blagrove, the Fullers' case illustrates the need for further reform of the "raise the age" law.
"There's nothing about this process that is treating these children with special needs as children with special needs," Blagrove argued. "We elect district attorneys, and we give them the power of the people, in hopes that they will use the power that the people have given them in a way that is fair and that is just and is equitable."
Blagrove added the family is appealing the decision, with the next court date scheduled for Aug. 31 at the Gaston County Courthouse.
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A bill pending in the West Virginia Legislature would increase the length of penalties for "serious" felony convictions, but critics have said it would contribute to prison overpopulation.
The state Senate passed Senate Bill 136 by an overwhelming margin last week. The House of Delegates has yet to consider the measure.
Kenneth Matthews, West Virginia economic justice associate for the American Friends Service Committee, said extending the minimum time prisoners must serve before a parole hearing would pack the prisons with more people waiting for a conditional release.
"Increasing penalties for offenses will create an increase in the prison population that's already overpopulated and create an increase in the aging (prison) population in the state, which is also overpopulated," Matthews outlined.
West Virginia's overall jail population in 2024 was about 11,000, with an incarceration rate of 674 per 100,000 residents, considerably higher than the national average of 614.
According to the Prison Policy Initiative, the state's 10 regional jails were initially built to hold 2,883 people -- but they house more than 4,400 people on any given day. The bill's Republican backers, who have a legislative supermajority, said state law is not stern enough on serious offenders.
Matthews countered the numbers do not back up their position.
"West Virginia is already kind of tough on crime," Matthews pointed out. "We're not the lowest in terms of sentencing and penalties in the country or even in our area, and we're not like an outlier in terms of lower penalties for certain offenses."
He added proposed sentences of 40-60 years for murder before people are eligible for parole would significantly expand the number of older, less-dangerous members of the prison population.
"They have a geriatric wing there and they have actually instituted a job, called the orderly, where their whole job is to push individuals around on wheelchairs and take care of their needs throughout the facility," Matthews emphasized.
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Programs allowing incarcerated people to receive reductions in their sentences help lower chances of reoffending, according to a recent analysis.
North Carolina has earned time policies, enabling people to reduce their sentences by up to 30%.
Sarah Anderson, associate director of criminal justice and civil liberties at the conservative public policy think tank R Street Institute, said needs-based assessments when someone enters incarceration typically determine the programs to help a person improve themselves and succeed outside of incarceration.
"Whether it's a literacy program, other education programs, certain job programs," Anderson outlined. "Then for individuals with behavioral health or substance use issues, there's a lot of treatment opportunities."
People who complete evidence-based recidivism-reduction programs can see their time in prison decreased. At least 38 states have either earned time or good time programs, or both. Good time programs reduce sentences by incentivizing good behavior.
Anderson pointed out "truth-in-sentencing" laws became popular during the War on Drugs and required people to serve a certain percentage, usually 85%, of their sentence before becoming eligible for reductions. The approach waned in the 1990s but Anderson noted truth-in-sentencing laws saw a resurgence after the pandemic because of increases in crime, despite evidence such laws do not improve outcomes.
"These types of incentive programs actually work far better to prevent crime in the future than does just requiring somebody serve 85% of a sentence without any type of an incentive to even participate in a productive program while they're incarcerated," Anderson reported.
Anderson emphasized truth-in-sentencing laws also went away because the cost to imprison someone can strain state budgets. The cost to incarcerate someone in North Carolina last year, for instance, was on average more than $50,000 annually. Anderson argued the cost means we should ensure people do not go back to prison.
"It's sort of incumbent on us to make sure that if we're incarcerating people and they are in state custody that we're doing everything we can to make sure that the time that they're spending in there is the only time that they're going to be spending in there," Anderson contended.
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Medical neglect inside Ohio's jails is under scrutiny following the release of a new toolkit by The Marshall Project to aid in investigating in-custody deaths.
An investigation into the Cuyahoga County Jail uncovered serious lapses in emergency response. Families of those affected are demanding answers and accountability.
Tanya Anderson waited eight months to see surveillance footage of her nephew's death while he was incarcerated.
"What kind of people are they?" Anderson asked. "They're not doing anything but just walking around my nephew, Glenn Williams Jr.'s body, and not even trying to help him or revive him."
The state found the jail out of compliance with medical training requirements in this case, but no disciplinary action was taken against staff despite nine minutes passing before CPR was attempted.
Beyond Williams' case, concerns over medical neglect extend to other incidents.
Eric Jaeger, a paramedic, EMS educator and expert in emergency response argued the deaths and near-fatal incidents could have been prevented with proper training.
"You need to cycle back and reevaluate whether the folks who are responding to these emergencies ever received appropriate medical training," Jaeger emphasized.
Adam Chaloupka, attorney and union representative for the Ohio Patrolmen's Benevolent Association, which includes the county's corrections officers, said they have made attempts to master the training but it is unclear why.
"There is no discussion of jail policies on what you're supposed to do with this training," Chaloupka contended. "There's no discussion of how you're supposed to use it. They're just supposed to notify that people that there is potentially a medical emergency."
Cuyahoga County Jail officials maintain they are addressing compliance issues but critics argued without enforceable policies and accountability, inmates remain at risk. Families continue to push for reforms to prevent further tragedies.
This story is based on original reporting by Mark Puente and Brittany Hailer for The Marshall Project and Scott Noll for News 5 Cleveland. This story was produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.
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