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Alabama sheriff requests FBI probe into alleged sex assault at youth detention facility

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Alabama sheriff requests FBI probe into alleged sex assault at youth detention facility


Alabama sheriff officials have asked the FBI to investigate possible civil rights violations after two youth detention employees were charged with sexually assaulting minors at a facility, authorities said Monday.

The Montgomery County Sheriff’s Department was notified of “potential criminal behavior” at the county’s youth detention facility on Wednesday, according to Assistant Chief Deputy Wesley Richerson. The sheriff’s department immediately opened an investigation and discovered that two detention officers had allegedly sexually assaulted two different boys on separate occasions, Richerson said.

That same day, sheriff’s deputies arrested Kentavious Miller, 32, and charged him with first-degree sexual abuse, according to Richerson. Deputies then arrested another detention officer, Labradford Jamell Armistad, 35, on Friday and charged him with seven counts of first-degree sodomy.

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“This is an extremely disturbing situation, and to be frank, I’m absolutely appalled at what the evidence has revealed in this case,” Richerson said during a news conference Monday.

Richerson noted that the investigation is still ongoing. While the Montgomery County Sheriff’s Department remains the lead on the probe, Richerson said the sheriff’s department requested the FBI to open a criminal investigation into possible civil rights violations.

Both the Montgomery County District Attorney’s Office and state prosecutors were also contacted about the investigation “because these allegations involve victims that are in custody,” Richerson said.

“Simply put, we will not tolerate those who abuse their abuse their positions to harm others, and we will ensure that all suspects are held accountable in this case,” Richerson added.

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Youth detention officers accused of sexual assault

During the investigation, the sheriff’s department learned that around Dec. 15 a “male juvenile detainee was sexually abused by a detention officer inside the facility,” according to Richerson. Investigators then obtained statements and evidence that led to the arrest of Miller.

Charging documents obtained by news outlet AL.com and television station WSFA alleged that Miller had entered a cell assigned to a 14-year-old boy, approached him while he was lying on a bed, and sexually assaulted him.

Investigators also found evidence that another minor was “sexually assaulted while he was previously incarcerated inside the facility,” Richerson said. He alleged that Armistad sexually assaulted a “male juvenile detainee while he was in his custody.”

Both Miller and Armistad are no longer employed at the youth detention facility, according to Richerson. Before their arrests, Miller had worked at the facility for about five months while Armistad had been employed at the facility for about five years.

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Miller was taken to the Montgomery County Detention Facility after his arrest on Wednesday and was initially held on a $7,500 bond, according to WSFA and AL.com. He was later released on bond.

Armistad remains in custody without bond, Richerson said.

Youth detention facilities across the U.S. under scrutiny

The charges in Alabama are the latest in a wave of cases and lawsuits involving youth detention facilities across the country. Allegations of abuse and neglect have sprung up in several states in recent years, including Texas, Kentucky, Ohio, and Illinois.

In a report released last year, the U.S. Department of Justice examined substantiated incidents from 2013 through 2018 and found that most juvenile detention staff who sexually victimized children faced no legal repercussions for their actions.

An eight-month investigation by USA TODAY’s Network of Ohio newspapers last year exposed years of oppressive lockdowns, deadly violence, and chronic understaffing in the state’s youth prison system. Earlier this year, two teenagers filed a class-action lawsuit against a Kentucky youth detention center and its administrators, claiming that they were subjected to oppressive isolation, denied basic hygiene, showers, and medications, and forced to listen to a toddler song.

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Back in May, a lawsuit was filed on behalf of 95 people who claimed that staff at youth detention centers throughout Illinois sexually abused them from 1996 to 2017 when they were between the ages of 12 and 17. Months later, the Department of Justice concluded that five Texas juvenile detention centers violated children’s constitutional and civil rights.

The department said the detention centers — which housed children between the ages of 10 and 17 — exposed children to excessive force, failed to protect them from sexual abuse, and deprived them of basic needs. The centers also discriminated against children with disabilities by denying them “reasonable modifications to complete programs required for their release,” as well as equal opportunity to education, according to the department.

Contributing: Tami Abdollah and Minnah Arshad, USA TODAY; Alex Gladden, Montgomery Advertiser; Bianca Moreno-Paz, Austin American-Statesman



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Alabama

Alabama lawmakers considering closed primary change

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Alabama lawmakers considering closed primary change


MONTGOMERY, Ala. (WSFA) – Members of the House Ethics and Campaign Finance Committee heard from more than a dozen people in their Wednesday morning meeting about whether the state should close its primary elections or keep them open.

Closed primaries would mean only registered republicans can vote in republican primaries, and only registered democrats can vote in democratic primaries.

“Closed primaries protect the voice of the people who are truly invested in the party’s vision,” said Carol Johns, secretary of Alabama’s Republican Party, who spoke in favor of HB541.

Alabama voters currently do not have to declare a political party affiliation when registering to vote.

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Other public speakers disagreed with the idea.

Some said that they feel the open primaries give them the flexibility to choose the candidates that most align with their views rather than selecting a single political party.

“I’m not Democrat, not Republican, I am an unaffiliated voter who defended everything that you stand for,” said Andrew Newby, a former Marine who spoke in opposition to HB541. “I’m not allowed to vote in this state. That defies reasoning.”

The bill’s sponsor, Rep. Ernie Yarbrough (R-Trinity), said he wants to discourage anyone from voting in primaries with the intention of bringing unqualified candidates to the general election.

“My bigger concern here is that we have closed primaries so that everyone gets to choose the party that they want to vote for, and the candidate, the nominee that they vote for, reflects the party’s values,” he said.

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However, the committee’s democratic members, including Rep. Chris England (D-Tuscaloosa), pushed back on the idea.

“If this bill passes, in order to participate, I got to pick a party before I pick a candidate,” he said.

While there are states that already have closed primaries, Rep. England said he is against the idea for any state.

“It’s the antithesis of what democracy is supposed to be about,” he said.

The committee did hold a vote on House Bill 541 after the public comment. Chairman Rep. Matt Simpson (R-Daphne) said that the committee will hold a final vote on the bill during a special meeting Tuesday at 10:30 a.m. central.

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Prevention Day at the Capitol highlights systems in place that are reducing substance misuse, overdose deaths

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Prevention Day at the Capitol highlights systems in place that are reducing substance misuse, overdose deaths


MONTGOMERY, Ala. (WSFA) – Wednesday is “Prevention Day” at the state Capitol, an effort to continue drops in substance abuse in Alabama.

The day is dedicated to raising awareness about the work and the systems in place to prevent more people from using and becoming addicted to controlled substances.

For the second year in a row, prevention professionals from across Alabama will connect at the Capitol to hear inspiring stories from young people, community partners, and those in the field of prevention. The group will also meet with lawmakers to share priorities, and feature young people leading prevention efforts in their schools.

Prevention Day at the Capitol starts at 9 a.m.

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What to know about the Alabama man granted clemency two days before his execution

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What to know about the Alabama man granted clemency two days before his execution


MONTGOMERY, Ala. (AP) — Alabama Gov. Kay Ivey on Tuesday granted clemency to a man on death row who was scheduled to be executed Thursday even though he did not personally kill anyone.

Ivey commuted Charles “Sonny” Burton’s death sentence to life in prison without the possibility of parole. Burton, 75, was convicted of capital murder for the shooting death of Doug Battle during a 1991 robbery. Another man, Derrick DeBruce, shot Battle after Burton had left the building.

The 1991 murder and legal proceedings

The shooting occurred Aug. 16, 1991, during a robbery at an AutoZone auto parts store in Talladega. Doug Battle, a 34-year-old Army veteran and father of four, was shot and killed after entering the store during the robbery.

Before they went inside, Burton said if anyone caused trouble in the store that he would “take care of it,” according to testimony.

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As the robbery was ending, Battle entered the store. He threw his wallet down, got onto the floor and exchanged words with DeBruce. LaJuan McCants, who was 16 at the time, testified that Burton and others had left the store before DeBruce shot Battle in the back.

A jury convicted DeBruce and Burton of capital murder and both were sentenced to death. During closing arguments, a prosecutor argued Burton was “just as guilty as Derrick DeBruce, because he’s there to aid and assist him.” Prosecutors pointed to the statement about handling trouble as evidence that Burton was the robbery leader. Burton’s attorneys have disputed that he was the leader.

DeBruce had his death sentence overturned on appeal after a court agreed that he had ineffective counsel. DeBruce was resentenced to life imprisonment and later died in prison.

Ivey’s reasons for granting clemency

Ivey said she “cannot proceed in good conscience with the execution of Mr. Burton” when the triggerman had his sentence reduced to life imprisonment.

“I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not,” Ivey said in a statement. “To be clear, Mr. Burton will not be eligible for parole and will rightfully spend the remainder of his life behind bars for his role in the robbery that led to the murder of Doug Battle. He will now receive the same punishment as the triggerman.”

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It is only the second time the Republican governor, who has presided over 25 executions, has granted clemency to a person on death row.

“The murder of Doug Battle was a senseless and tragic crime, and this decision does not diminish the profound loss felt by the Battle family. I pray that they may find peace and closure,” Ivey said.

A mix of praise and criticism

The governor’s decision drew a mix of praise and criticism.

Alabama Attorney General Steve Marshall said he was “deeply disappointed” in the action and said he believes Burton’s execution should have gone forward. Marshall said Burton organized the armed robbery that led to Battle’s death. He said “longstanding Alabama law recognizes accomplice liability, as has every judge that has touched this case over three decades.”

“There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” Marshall said.

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Alice Marie Johnson, whom President Donald Trump had tapped last year as his “pardon czar,” praised Ivey. She said the governor “showed what courageous and common sense leadership looks like.”

“By commuting the death sentence of Charles “Sonny” Burton, she ensured that justice — not technicalities — guides the most serious decision a state can make,” Johnson wrote on social media.

Other Republican governors have granted clemency where there were concerns the person scheduled to be executed was the less culpable defendant. Oklahoma Gov. Kevin Stitt last year commuted the sentence of Tremane Wood to life, matching the sentence of his brother who confessed to the murder.

What happens next

Burton will be moved off of Alabama’s death row, where he has been imprisoned since 1992. However, it is unclear when that will happen. A spokesperson for the Alabama Department of Corrections did not immediately return an email seeking comment.

Burton will spend the rest of his life in prison since he doesn’t have the possibility of parole.

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