DA WANTS TOUGHER CRIMINAL PENALTIES

Gaither Intends To Push For Changes To N.C. Statutes

HICKORY -- Nearly two years ago, 4-year-old Rachel Sanchez was struck in
the head by a bullet that pierced the window of her grandparents' vehicle
while they were traveling on Interstate 40 in Conover.

This weekend, District Attorney James Gaither is proposing that North
Carolina law be changed in response to Rachel's case.

"Rachel's Law" would guarantee stiffer penalties for shooting into occupied
vehicles. It's among several proposals Gaither's office is taking to the
N.C. Conference of District Attorneys in Raleigh.

Gaither recently was appointed to serve on the committee, which meets to
discuss potential changes to state statutes. Gaither will help determine
which proposals the committee will push for in the General Assembly's
legislative session.

Existing statutes need to be clarified and fortified, Gaither said.

"Our legislature needs to toughen up the criminal code in the state," he
said. "There needs to be consistency throughout the criminal statutes so
the punishment fits the crime."

In November 2003, a 15-year-old boy confessed to the Sanchez shooting. He
told authorities he was aiming at the vehicle's tires. The boy was ordered
to serve 12 months on probation. Since the shooter was a juvenile,
Gaither's proposed changes would not have affected the case; however,
Gaither says the law needs to be changed as a deterrent.

Gaither's office is suggesting the following changes, in addition to
Rachel's Law:

- - An expansion of the legal definition of prostitution to include
additional sexual contact. Currently, prostitution is defined solely as
sexual intercourse; Gaither says that makes it tougher to prosecute cases
involving other sex acts.

- - That the law involving bomb hoaxes be expanded. Currently, someone can be
charged with a felony for calls reporting that a bomb is in a government
building. Gaither says this should include threats stating a bomb is
outside a government building, but close enough to still do damage.

- - A modification of marijuana laws that would make it a more serious felony
to possess, deliver or sell 2 pounds or more of the drug.

- - That aggravated assault on a female become a felony charge. Currently, a
domestic assault inflicting serious injury carries a misdemeanor charge.

In addition, Gaither is proposing a task force to review and expand the
state's laws against fraud. The current ones are inadequate, he says.

Gaither requests that people in his district write to him with suggestions
for further changes.