NC - Shooting By Senator Ends In Plea, Fine

[Kevlar]

http://www.newsobserver.com/2010/02/26/359007/shooting-by-soles-ends-in-plea.html

Sen. R.C. Soles pleaded guilty Thursday to shooting someone, paid a $1,000 fine, went back to being a senator and left another smudge on the voters' already soiled picture of North Carolina's political leaders.

Soles, 75, a top-ranking Democrat in the N.C. Senate and the state's long est-serving legislator, copped to a misdemeanor charge of assault and joined other public figures in a parade of recent career-ending scandals.

His plea spared him a felony conviction for the August shooting of a would-be intruder, a young man who was a former law client, at Soles' home in Tabor City. The senator long claimed that he shot in self-defense.

Soles will continue to practice law and will finish out his Senate term, his lawyer said. He announced in December that he wouldn't run for re-election this year but said Thursday that he was tempted.

"My gut feeling says go to the Board of Elections and sign up," Soles told The Associated Press, "but I don't think I'll do that."

Soles' exit from politics comes after an embarrassing string of events that ended Thursday with what some called a light penalty.

He was North Carolina's latest politician to fall.

An aide to former Gov. Mike Easley was indicted last month on federal corruption charges, and a federal grand jury is looking into Easley's actions. Former Speaker of the House Jim Black is in prison on a corruption conviction, as are two former legislators and a former lottery commissioner. A former congressman just got out. All but one are Democrats.

"All of that gives a lot of people a lot of heartburn," said Sen. David Hoyle, a Gaston County Democrat who is not running for re-election. "The citizens are very disgusted with all politicians from both parties."

Soles' plea will provide Republicans ammunition for campaign attacks.

"The rules for regular folks and for powerful Democrats are apparently different in Columbus County and maybe in the state," said Senate Republican leader Phil Berger of Eden. "I don't know too many folks who could plead guilty to shooting someone and the penalty is a $1,000 fine."

The episode also further inflames voters, bruised and scraped by a brutal economy, some said.

Harm to one and all

"It hurts everybody in politics," said Gary Pearce, a veteran Democratic consultant. "There's an anti-politician, anti-incumbent, anti-government mood sweeping across the populace."

Polls historically show voters often don't know which party controls the state legislature, where Democrats now hold a majority in both the House and Senate.

In August, Soles shot Thomas Kyle Blackburn, 22, after Blackburn and another man tried to kick in Soles' door. Blackburn was not seriously injured and later asked that charges not be filed.

Soles' lawyer, Joseph B. Cheshire V of Raleigh, said Soles' mistake was not calling the police when the incident began. Instead, he stepped outside with the gun, according to authorities.

Cheshire said Soles' constituents want him to finish his term. "He shot people who were trying to break into his home," Cheshire said. "I don't think most people in North Carolina would think that would prevent somebody from being a good legislator."

'Bad judgments'

After the court appearance, Soles said he was sorry.

"I thought I was in the right," he told the AP. "Sometimes you make bad judgments."

The incident put a spotlight on Soles' years of involvement in the lives of young men who were former clients. Records show police were called to Soles' house and law office at least 40 times in the past four years, ranging from routine burglar alarm activations to reported assaults and complaints that young people on mopeds were circling Soles' house.

Soles maintained he gave generously to the young men to help them shift to a productive life.

The office of Attorney General Roy Cooper handled the prosecution after Rex Gore, the Columbus County district attorney, stepped aside because of long-standing political ties to Soles.

Seeking accountability

"We felt, under the circumstances, we could not allow him to take the law into his own hands and he had to be accountable," James J. Coman, a senior deputy attorney general, told the judge, AP reported.

Even if he had been convicted of a felony, it's not clear whether Soles would have been forced out of office. A member of the legislature has to be a qualified voter, a non-felon, when elected. Once in office it's up to the other senators or representatives to decide whether a legislator is qualified to serve. In 2008, the House expelled Rep. Thomas Wright, a Democrat, before he was convicted of fraud and obstruction charges.

Joe Sinsheimer, a Democratic consultant who has played watchdog on his own party, said the case sends a signal that the state often has a difficult time policing itself.

"Federal prosecutors seem to have a better rate of success," he said, pointing to the multi-year federal sentences against Black and others.

 

[HooVooLoo]

...In August, Soles shot Thomas Kyle Blackburn, 22, after Blackburn and another man tried to kick in Soles' door. Blackburn was not seriously injured and later asked that charges not be filed...

Weird, man.

 

[red87930]

...In August, Soles shot Thomas Kyle Blackburn, 22, after Blackburn and another man tried to kick in Soles' door. Blackburn was not seriously injured and later asked that charges not be filed...

Weird, man.

or a weird man

Sounds like he is a lightning rod of trouble

 

[Bill Nance]

North Carolina has never been a particularly gun-friendly state. Recent posturing and some reforms aside, for the most part they have been quite restrictive. This doesn't surprise me. Once he stepped outside the door he was toast and at his age, fighting a potential felony beef just wasn't worth it.

 

[drgrant]

North Carolina has never been a particularly gun-friendly state. Recent posturing and some reforms aside, for the most part they have been quite restrictive. This doesn't surprise me. Once he stepped outside the door he was toast and at his age, fighting a potential felony beef just wasn't worth it.

Isn't NC one of those states where you have to beg for permission to buy a handgun?

-Mike

 

[Bill Katt]

This guy is also one of the anti's who feel that "citizens" should NOT have guns. Wonder if he got his back though.

 

[terraformer]

Isn't NC one of those states where you have to beg for permission to buy a handgun?

-Mike

Yes. Permit to purchase from the local popo.

There was more to this than just a shooting. I would not draw much about NC gun politics or self defense politics from this. You can draw some things about NC politics from this though. Anywho, the kid asked that charges not be filed. There is and always has been more to this one.

 

[Bill Katt]

Yes. Permit to purchase from the local popo.

There was more to this than just a shooting. I would not draw much about NC gun politics or self defense politics from this. You can draw some things about NC politics from this though. Anywho, the kid asked that charges not be filed. There is and always has been more to this one.

Reading between the lines in the original report of this story, it certainly looked like there were some "favors" paid for by this guy.

 

[center442]

Reading between the lines in the original report of this story, it certainly looked like there were some "favors" paid for by this guy.

Like others, I suspect that there's a lot more to this story, none of which has been explicitly stated. The following quote from the report made me wonder about what exactly was going on:

The incident put a spotlight on Soles' years of involvement in the lives of young men who were former clients. Records show police were called to Soles' house and law office at least 40 times in the past four years, ranging from routine burglar alarm activations to reported assaults and complaints that young people on mopeds were circling Soles' house.

He must live in a very rough neighborhood.

 

[terraformer]

Like others, I suspect that there's a lot more to this story, none of which has been explicitly stated. The following quote from the report made me wonder about what exactly was going on:



He must live in a very rough neighborhood.

It's called southern gentility. They will tell you everything you need to know, but never outright. Repeated calls to the house all involving young men... What ever would that mean...

 

[boomerang]

'Betcha he was mentoring them.

 

[Bill Katt]

It's called southern gentility. They will tell you everything you need to know, but never outright. Repeated calls to the house all involving young men... What ever would that mean...

It's gotta be those damn boy scouts. They're always runnin around on their mopeds hassling old pols in their mansions.

 

[terraformer]

It's gotta be those damn boy scouts. They're always runnin around on their mopeds hassling old pols in their mansions.

If it was boy scouts, I believe they screwed up and forgot the two deep leadership requirement. Or maybe it was too deep...

 

[Bill Katt]

Ewwwww....

 

[Mattitude]

There is no begging to buy a handgun and there is a misconseption to out of staters of what the "pistol purchase permit" actually is. The permit is 2 things, first it's proof of a backround check and second the 5.00 fee is a way for the counties to pull in extra $$. The permit is good for 5 years for anywhere in the state. Ther permit is stapled to the 4473 and no NICS check is performed at the time of sale. Also there is no waiting period to pick up the handgun as the waiting period was completed waiting for the permit to be approved. However if you have a CCW permit no purchase permit is needed as the CCW is used in lieu of.

Isn't NC one of those states where you have to beg for permission to buy a handgun?

-Mike

 

[drgrant]

There is no begging to buy a handgun and there is a misconseption to out of staters of what the "pistol purchase permit" actually is. The permit is 2 things, first it's proof of a backround check and second the 5.00 fee is a way for the counties to pull in extra $$. The permit is good for 5 years for anywhere in the state. Ther permit is stapled to the 4473 and no NICS check is performed at the time of sale. Also there is no waiting period to pick up the handgun as the waiting period was completed waiting for the permit to be approved. However if you have a CCW permit no purchase permit is needed as the CCW is used in lieu of.

Yes, I know it has a bypass, but it's still stupid. You have to go to the PD to get it, and you have to wait to receive it. Now correct me if I'm wrong, but don't you need a new one every time you buy a handgun? Or do you just get that one permit and it can be copied until it expires?

-Mike

 

[Mattitude]

In a way it's stupid and in a way it saves quite a bit of time. The counties view the permit fees as quick & easy income because some counties process a ton of applications. I think that's a pretty low way to get money because NICS checks are already paid for at the time of purchase and really what the sheriff is doing is a NICS check. The permits can be purchased without having a handgun already picked out and they can be stockpiled and there is no maximum number of permits that a person can own. It is nice to walk into a shop on a whim, pay for and walk out the door in 20 minutes with a new handgun. Each handgun purchase requires a permit that is surrendered at the time of sale. They are individually "serial numbered" like they are an accountable document. Merchants are not supposed to accept any photocopied permits. Permit applications are available at the county sheriff's office ONLY, local PD's do not have any applications. In my county, turn around is 2-5 business days and the limit is 5 permits per application, but you can submit another application when picking up the permits. I have a NC CCW so no permits needed and now even for long gun purchases the NICS check is not done. A bit OT here, there is no qualification or even a safety certificate needed to purchase pistol permits and again no qual or safety cert to purchase a handgun...pay money, submit permit/CCW, walk out door with handgun. The NC CCW shooting qualification is a joke...Ray Charles can pass it on the first try. If you can hit a brown paper shopping bag at up to 21 feet (the qual target is about that size, all black, no individual scoring as only hits on the paper count) with a handgun of your choice & caliber (except for rimfire) then you got a NC CCW. Raleigh & Charlotte are the democrat strongholds here and are anti-gun by southern standards but they won't throw you to the ground if they see you printing. Open carry is legal and in certain parts of the state it's fairly common to see people openly packing. Also, there is absolutely NO firearm registration. The state doesn't know what guns or even how many you own, long gun or handgun...only if a resident has a CCW permit.

Yes, I know it has a bypass, but it's still stupid. You have to go to the PD to get it, and you have to wait to receive it. Now correct me if I'm wrong, but don't you need a new one every time you buy a handgun? Or do you just get that one permit and it can be copied until it expires?

-Mike

 

[M1911]

It's called southern gentility. They will tell you everything you need to know, but never outright. Repeated calls to the house all involving young men... What ever would that mean...

I'm guessing some of his young law clients were not paying their legal fees in cash.

 

[Bill Nance]

In a way it's stupid and in a way it saves quite a bit of time. The counties view the permit fees as quick & easy income because some counties process a ton of applications. I think that's a pretty low way to get money because NICS checks are already paid for at the time of purchase and really what the sheriff is doing is a NICS check. The permits can be purchased without having a handgun already picked out and they can be stockpiled and there is no maximum number of permits that a person can own. It is nice to walk into a shop on a whim, pay for and walk out the door in 20 minutes with a new handgun. Each handgun purchase requires a permit that is surrendered at the time of sale. They are individually "serial numbered" like they are an accountable document. Merchants are not supposed to accept any photocopied permits. Permit applications are available at the county sheriff's office ONLY, local PD's do not have any applications. In my county, turn around is 2-5 business days and the limit is 5 permits per application, but you can submit another application when picking up the permits. I have a NC CCW so no permits needed and now even for long gun purchases the NICS check is not done. A bit OT here, there is no qualification or even a safety certificate needed to purchase pistol permits and again no qual or safety cert to purchase a handgun...pay money, submit permit/CCW, walk out door with handgun. The NC CCW shooting qualification is a joke...Ray Charles can pass it on the first try. If you can hit a brown paper shopping bag at up to 21 feet (the qual target is about that size, all black, no individual scoring as only hits on the paper count) with a handgun of your choice & caliber (except for rimfire) then you got a NC CCW. Raleigh & Charlotte are the democrat strongholds here and are anti-gun by southern standards but they won't throw you to the ground if they see you printing. Open carry is legal and in certain parts of the state it's fairly common to see people openly packing. Also, there is absolutely NO firearm registration. The state doesn't know what guns or even how many you own, long gun or handgun...only if a resident has a CCW permit.

Bottom line is that it's still having to beg the government to exercise a fundamental right. It's a total violation of the principles of the second amendment, period. Like I said, NC is far from gun-friendly.

 

[Mattitude]

...there is no begging nor is there any asking. I am not asking anyone permission to "let me pleeeeeeaaaasssseeee buy a handgun." NC is a "shall issue" state unlike MA which is a "may issue" state. I don't need to get an interview with the sheriff and plead my case to exercise a fundamental right. He doesn't have to like me and I can even piss him off because as long as there are no disqualifiers like a RO, felony conviction, etc he MUST issue me a purchase permit or CCW permit. I think you are confusing a purchase permit with something else because all that it is bottom line is proof of passing a state & federal backround check...it's just that NC uses it as a source of income. Saying that NC is far from gun-friendly is a bit ignorant. I would think that at least my 2 suppressors & 2 short barrel rifles contradict your statement.

Bottom line is that it's still having to beg the government to exercise a fundamental right. It's a total violation of the principles of the second amendment, period. Like I said, NC is far from gun-friendly.

 

[BradM]

Having lived in NC for about 30 years, Mattitude is spot on from what I recall.As for gun friendliness, it's not bad but could be better. As Mattitude said NC is a shall issue state with no BS restrictions on CC. One place where MA beats NC is that in NC if a business posts "No concealed weapons" than entering the premises is a crime unlike in MA (assuming I was correctly informed).

 

[BradM]

This does say a lot about NC politics. Corruption and political favors run deep.

 

[Mattitude]

Yes, carrying in a posted establishment is a misdomenor if you don't have a CCW (same with being caught without a CCW) or a felony if you do have a CCW. The penalties are more severe for CCW holders because they can't claim ignorance of the law. I would think that NC is a gun-friendly state overall but Brad is correct in that there is some room for improvement. This is what's allowed:

"shall issue" for CCW & purchase permits
open carry (no permit needed...you do NOT have to be a CCW holder to OC)
no state "assault weapons ban" (no such thing as "pre" or "post" ban"
machine guns (no machine gun license needed, only approved Form 4 required)
suppressors
short barrel rifles
destructive devices

I would say that's pretty gun friendly even though short barrel shotguns aren't allowed. I've been a NC resident for the past 9 years and I've been keeping up on the laws as much as possible since I do own NFA weapons and there is NO room for error with them. I am a MA part-time resident and I admit that I am not up on MA laws as much as I should but I am trying to change that. I would say that MA is on the extreme side of gun un-friendly state while NC is in the middle of the road for gun friendly.

Having lived in NC for about 30 years, Mattitude is spot on from what I recall.As for gun friendliness, it's not bad but could be better. As Mattitude said NC is a shall issue state with no BS restrictions on CC. One place where MA beats NC is that in NC if a business posts "No concealed weapons" than entering the premises is a crime unlike in MA (assuming I was correctly informed).

 

[Bill Nance]

Comparing Mass to NC and saying NC is gun-friendly is like comparing Berkley and Seattel and saying Seattle is conservative. It's only true relative to the opposite extreme.

If you have to get a piece of paper from the state or local government authorizing you to buy a gun, the state is not gun friendly. shall issue doesn't mean dick. It's still the state government interfering in a fundamental right. Funny how they missed my permit to blog, my permit to peaceably petition my government for redress of grievances and my permit to be free from unreasonable search and seizure. but yep, they didn't miss that 2A right. That has to be regulated.

Just because a state is "better" than another one which is utterly horrid, doesn't make it good. At best it makes it less bad. I'll take Vermont, AK, NH or Washington State over NC any day thanks.

 

[Mattitude]

It looks like we are just going to have agree to disagree here. If we're not comparing gun-friendliness by states, then I don't know how a person can make a statement on what is friendly and what is not. MA has an AWB, which the state is telling me (I am a part-time resident so it does affect me) that my AR is illegal only because it has a bayo lug, flash hider, pistol grip and all of my PMAGS...but for some reason NC doesn't have a problem with it. Back to NC and the whole piece of paper thing, I have a CCW permit and therefore I don't need to ask for a piece of paper to purchase a handgun. Your whole permit to blog and petition the gov't doesn't make any sense because you aren't getting a backround check to blog or petition. My 2A right in NC arent being regulated like you stated...the permit (for non-CCW holders) is just a backround check. Now I haven't purchased a handgun in MA so I am just guessing here...is there a waiting period from when money changes hand in the gun shop or can you pay & walk out the door with the purchase? If you have to wait any number of days then how is that any different than getting a permit?? I do agree with your last sentance though...I'll take Alaska over any other state and I would be there if I wasn't married or my wife wasn't a NC resident.

Comparing Mass to NC and saying NC is gun-friendly is like comparing Berkley and Seattel and saying Seattle is conservative. It's only true relative to the opposite extreme.

If you have to get a piece of paper from the state or local government authorizing you to buy a gun, the state is not gun friendly. shall issue doesn't mean dick. It's still the state government interfering in a fundamental right. Funny how they missed my permit to blog, my permit to peaceably petition my government for redress of grievances and my permit to be free from unreasonable search and seizure. but yep, they didn't miss that 2A right. That has to be regulated.

Just because a state is "better" than another one which is utterly horrid, doesn't make it good. At best it makes it less bad. I'll take Vermont, AK, NH or Washington State over NC any day thanks.

 

[CJKarl]

Reading between the lines in the original report of this story, it certainly looked like there were some "favors" paid for by this guy.

Kinda what I'm thinking.

 

[SecondAmdFirst]

"Young men" around the house? I certainly hope this guy isn't a Boy Scout Master!

 

[Mattitude]

That's usually how it goes. NC has been hit with A LOT of political scandal lately and people have been called out on a lot of "favors".

Kinda what I'm thinking.

 

[TomH]

...there is no begging nor is there any asking. I am not asking anyone permission to "let me pleeeeeeaaaasssseeee buy a handgun." NC is a "shall issue" state unlike MA which is a "may issue" state. I don't need to get an interview with the sheriff and plead my case to exercise a fundamental right. He doesn't have to like me and I can even piss him off because as long as there are no disqualifiers like a RO, felony conviction, etc he MUST issue me a purchase permit or CCW permit. I think you are confusing a purchase permit with something else because all that it is bottom line is proof of passing a state & federal backround check...it's just that NC uses it as a source of income. Saying that NC is far from gun-friendly is a bit ignorant. I would think that at least my 2 suppressors & 2 short barrel rifles contradict your statement.

If it's so friendly why require a piece of paper to do it? Why not just let you buy the gun outright?

 

[M1911]

If it's so friendly why require a piece of paper to do it? Why not just let you buy the gun outright?

Because it is a hold over from the old days, when the powers that be tried to keep a certain minority group from owning guns. It is a lot harder to lynch people who own guns.