Tenth Judicial Circuit Court Judge David Carpenter, who approved a plea agreement for the man now charged in the deadly Five Points South shooting that left four dead and 17 injured, was also responsible for a proverbial slap on the wrist in the kidnapping hoax of Carlee Russell that grabbed national headlines in 2023 and led to the creation of a new state law.
Russell's case gained national attention after she disappeared from the side of Interstate 459. Investigators said moments before she disappeared, she called 911, saying there was a toddler on the side of the interstate in a diaper. She also called a family member before dropping off the radar.
Russell returned home on foot two days later after a full-scale search was launched, including local, state, and federal agencies. She was taken to the hospital for evaluation after detailing a convoluted story of a kidnapping. However, detectives quickly determined the whole story was a farce.
Despite pleading not guilty in October 2023, Hoover municipal Judge Brad Bishop found Russell guilty on two counts of false reporting and ordered her to serve a year in jail and pay nearly $18,000 in restitution.
Russell appealed the decision to Carpenter's court, which maintained the ordered restitution but suspended the jail sentence, saying it would waste resources. NPR reported that State prosecutor Clark Morris argued during the sentencing that Russell should be given jail time despite the charges being misdemeanors. Hoover Police Chief Nicholas Derzis said he was "very disappointed" that Russell didn't receive jail time. He also stated the restitution was insufficient and should be closer to $40,000-$50,000.
Carpenter also ruled that Russell's restitution payments be set at $50 a month, according to AL(dot)com.
Damien Laron McDaniel, 22, of Forestdale, who is currently behind bars for his alleged role in the Five Points South shooting, may have been incarcerated at the time of his alleged murders if it were not for Carpenter approving a plea deal the previous year.
SEE ALSO: Judge who allowed release of Five Points South shooting suspect denies culpability
Carpenter's subsequent online petulance led social media to point out other cases in which he granted deals to those who would go on to commit violent crimes. He granted a Bessemer inmate bond for reckless murder in the death of a female minor. That inmate, Raukeem Cunningham, of Lipscomb, was later charged with shooting three people at a gas station over Labor Day weekend.
Carpenter frequently posts politically charged messages on X and describes himself as "liberal trash."
Russell's case prompted state lawmakers to pass legislation increasing criminal penalties for falsely reporting a crime. House Bill 82 (HB82) by State Rep. Mike Shaw (R-Hoover) was signed into law by Gov. Kay Ivey in May after passing both legislative houses unanimously.
The new law increases the penalties for false reporting of a crime that poses imminent danger to a person or the public by making it a Class C felony. The bill also expands the ability of the state to seek restitution from local, state and federal authorities for the costs incurred while investigating false reports.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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