Cooper etc. dismissed from Reopen NC arrest lawsuit | Durham Police charge 19 over fiery street takeover | DOJ intervenes in anti-christian discrimination rezoning lawsuit
No. 121 — Apr. 20-Apr. 26, 2025
Wake Co. Judge dismisses some defendants from Reopen NC arrest lawsuit
Judge drops some defendants, allows COVID protester’s lawsuit to move forward - Carolina Journal
In a ruling this week, a Wake County Superior Court judge dismissed the complaints against four of the defendants named in the civil rights lawsuit brought by Monica Ussery over her arrest at the first Reopen NC protest in April 2020:
Roy Cooper, then Governor
Erik. A. Hooks, then Secretary of the NC Department of Public Safety
Martin Brock, Chief of the NC General Assembly Police
Tito Fink, officer of the NC State Capitol Police
These counts were dismissed on the basis of "failure to state a claim," meaning that even if the facts alleged in Ussery's complaint are assumed to be true, the court finds that those facts are not sufficient legal basis for the relief sought.
However, the judge ruled against the motions to dismiss for the following defendants, allowing the lawsuit to continue:
Roger "Chip" Hawley, then Chief of the North Carolina State Capitol Police (now NC SBI Director)
Derick Proctor, officer of the NC State Capitol Police
The State of North Carolina
The City of Raleigh
Cassandra Deck-Brown, then Chief of the Raleigh Police
Dedric Bond, then Raleigh Police Captain
Previous Coverage:
Monica Ussery has April 2020 protest charges dismissed (Original Article — Feb. 23, 2023)
Raleigh Police "Health Hazard" Hypocrisy (Original Article — Apr. 17, 2023)
EXCLUSIVE: Bodycam video shows Raleigh Police crackdown on 1st Reopen NC protest (video) (No. 15 — Apr. 15, 2023)
Cooper's pick for SBI Director implicated in shutting down "non-essential" protest in 2020 (Original Article — May 1, 2023)
Federal Judge Dismisses Civil Rights Lawsuit over Anti-Lockdown Protester's Arrest (Original Article — Jun. 21, 2024)
State lawsuit filed over 2020 ReopenNC arrest (No. 82 — Jul. 27, 2024)
Cooper Named in Civil Rights Lawsuit as Anti-Lockdown Protest Arrestee Continues Quest for Justice in State Court (Original Article — Jul. 27, 2024)
General Assembly confirms SBI Director nominee involved in suppressing 2020 Reopen NC protest (No. 99 — Nov. 23, 2024)
Video captures brawl at Rolesville High School
DOJ supports megachurch in lawsuit against Chatham Co. over rezoning denial
US Justice Department backs megachurch suing Chatham County over alleged bias - N&O
DOJ sides with mega church in land dispute with Chatham County leaders - ABC11
The Department of Justice has filed a "Statement of Interest of the United States" a lawsuit filed by The Summit church under the Religious Land Use and Institutionalized Persons Act (RLUIPA) after Chatham County denied a rezoning application to build a new campus south of Chapel Hill.
In the lawsuit, Summit argues that the Board of Commissioner's decision to deny the zoning application for the church's Chapel Hill campus because a megachurch "does not fit" with the "rurality and character" of the county was unlawfully discriminating on the basis of religion, as non-religious rezoning requests in the area with similar traffic and other characteristics had been approved.
The DOJ's filing specifically refutes the county's arguments in response to the lawsuit that Summit did not have standing to sue, pointing to previous decisions in which federal courts have found local zoning decisions have been found to be in violation of the federal law and have ordered local authorities to reverse such decisions.
Durham police charge 19 over fiery "street takeover" in February
‘We are going to charge you’: Durham police crack down on car meetups with guns, drugs and stunts - WRAL
19 charged in Durham street takeover, police need help identifying others involved - WRAL
19 people charged in connection with Durham street takeover in February - ABC11
This week, the Durham Police Department announced that 19 individuals aged 17-25 were being charged with "Street Takeover" (NC GS § 20‑141.10) over an illegal "car meetup" on February 22. Video from the event obtained by WRAL shows a crowd taking over an intersection outside of the Durham Bulls Athletic Park, with drivers doing doughnuts and burnouts around a circle of pavement which was set on fire.
Only eight of the defendants are from Durham, with some hailing from as far away as Mecklenburg and Gaston Counties, or Virginia Beach and Williamsburg in Virginia:
Daniel Alexander Valladares, 18, of Durham, NC
Dylan James Miller, 19, of Youngsville, NC
Alexander Plumb, 19, of Virginia Beach, VA
Santiago Rojas Bermudez, 19, of Morrisville, NC
Jake Brian Roblero, 19, of Raleigh, NC
ustin Isaiah Barham, 18, of Cary, NC
Kamren Alizyah Hord, 18, of Kings Mountain, NC
Daniel Adonay Guevara Machado, 18, of Durham, NC
Issac Guillen-Banegas, 19, of Durham, NC
Roger David Canadas Mendoza, 18, of Durham, NC
Pedro Davalos Jr, 22, of Durham, NC
Adrian Jesus Hebreo Ramirez, 22, of High Point, NC
Derek Rene Olmos-Rosales, 24, Durham, NC
Edwin Gonzalez Lopez, 22, of Pineville, NC
Erick Alexander Rodriguez, 25, Williamsburg, VA
Christopher David Cotto Semidey, 20, Raleigh, NC
Male juvenile, 17, of Durham, NC
Male Juvenile, 17, of Hillsborough, NC
Female Juvenile, 17, Durham, NC
Just months before this event in November 2024, a veteran Durham Police officer non-fatally shot a 16-year-old fleeing from a "car club" event in the middle of the night after he reportedly ignored police warnings by brandishing and raising a handgun at the officer. At a street takeover in July 2024, a 22-year-old man was run over and killed after being thrown out of a vehicle being driven by his minor brother as he hung out the window and filmed.
Although the Durham Police are seeking to crack down on this type of dangerous and illegal activity, their priority is apparently not shared by the Durham District Attorney's office, who dropped a prior street takeover charge against one of the organizers last year.
When pressed by WRAL's investigative team, DA Satana Deberry first claimed that he had no criminal record (which was false), then claimed that he "did an 8-hour driving school as diversion" (as if organizing a car meetup is just poor driving skills), then finally claimed that the assistant DA "did not follow the office process" and had received "internal retraining."