Durham DA: Prosecute Felon In Possession? Nah!

Santana Deberry is the district attorney for Durham County, North Carolina. The county and the 16th Prosecutorial District are co-terminus. Deberrry first took office in 2019 and was re-elected in 2022.

NC Conf. of District Attorneys

According to the Law Enforcement Legal Defense Fund, Deberry was backed to the tune of over $260,000 by George Soros through monies funneled through organizations such as Fair and Just Prosecution and the Forward Justice Action Fund.

Thus, it should come as no surprise that the conviction rate for murder in her district is lower than adjoining districts as well as the state average. According to WRAL, in Deberry’s first four years as DA, her office only had a 24% murder conviction rate comparted to 67% in adjoining Wake County and 45% for the state as a whole. Her initial campaign for office said she was going to concentrate on the prosecution of violent crime while minimizing petty crime prosecution.

A more recent investigation by WRAL of Deberry’s office found that they have a policy dictated by Deberry of not prosecuting “felon in possession of a firearm” charges if there was no violence or threats of violence. Adjoining prosecutorial districts take a very different approach. In Wake County, now the state’s largest county, if there is sufficient evidence to prove that felon was in possession of a firearm, they refuse to drop the charges. Likewise, DA Jeff Nieman whose district includes Chatham and Orange Counties says his office “prosecutes all possession of a firearm by a felon charges” so long as they have sufficient evidence.

Durham County’s Gang Violence Reduction Manager conducted a study in 2022 of inmates in the Durham County Detention Center and asked why they carried firearms.

The response?

“It was very interesting,” he said.  “I asked them why they carried a firearm. And some of them said they saw no consequences for carrying a firearm.”

While many inmates so no consequences to carrying a firearm, both the police and the community are seeing the consequences with the crime rate in Durham. As Mary Long, the sister of a 2019 murder victim notes:

You can’t just allow the crime to happen without accountability, and that seems to be where we’re faltering — the accountability end…

It’s disheartening to hear the stories, the amount of violence that’s in the front page of the news, and then not to see remedies being taken. To just dismiss it and allow them to walk out the door, without any accountability? That’s scary.

Sarah Krueger, an investigative reporter with WRAL, goes more in-depth on this story and how she found the internal memos detailing the no prosecution policy in this audio podcast.

Durham County is the bluest of the blue. In the 2024 election, Democrat candidates including VP Kamala Harris averaged about 80% (if not more) of the vote while Republican candidates got about 18% of the vote. In 2022, the breakdown was the same. Deberry was unopposed for re-election that year though she did receive fewer votes than other candidates in contested races.

The moral of the story is you get what you vote for.

There Are Felons In Possession And Then There Is This!

It is against Federal law and most state laws to be a convicted felon in possession of a firearm. This would include possession of ammunition. Usually when a criminal is charged with being a felon in possession it is because they had used a firearm in the commission of another crime. Then there is Manuel Fernandez of Agua Dulce, California.

Fernandez had been convicted of a felony in February 2017 but was released in August. He had been sentenced to 486 days in jail on unspecified felony charges.

Fast forward to June 14th. The Los Angeles Sheriff’s Department acted on a tip and raided Fernandez’s home outside of Palmdale. The tip said Fernandez had “an arsenal”. Normally, in California terms, that meant he had a Marlin Glenfield 60, a Ruger 10/22, and maybe a semi-broken revolver along with a couple of boxes of ammo.

LA County Sheriff’s Dept photo

In this case, I will freely admit that Fernandez did indeed have an arsenal by any stretch of the imagination.

LA County Sheriff’s Dept photo

The sheriff’s raid initially netted 432 firearms. They then got a warrant to search another house of a “female friend” a mile away and got another 30 firearms. However, they were not done. Returning to Fernandez’s residence, investigators found another 91 firearms hidden throughout the house and property. This brings the total to 553 firearms. In a quick scan of the photos, I see Mosins, Swiss K-31, Mausers, etc. He was an equal opportunity felon in possession it seems.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives is working with the LASD to trace these weapons. Investigators also seized computers, hard drives, and cell phones that they thought might have been used in Fernandez’s illegal firearms purchases.

LA County Sheriff’s Dept photo

Fernandez has been charged with being ” Felon in Possession of Firearms (129800(a)(1) PC), Possession of an Assault Rifle (32625(a) PC, Felon in Possession of Ammunition (30305(a) PC) and Possession of Large Capacity Magazines (32310(a) PC).” Believe it or not but Fernandez was released on bail the next day which I have confirmed through LASD records. Fernandez appears in court on July 9th on these charges.

I’m going to guess that if Fernandez is convicted he will serve more than the 486 days his first felony conviction was supposed to bring him.