GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - # 9

[SeeAlice]

I will show this to my wife tonight she will like it. I will not comment on CL'S family per TOS however her mom has some health issues and if you are the praying sort I ask you to pray for her mom. I have always said she is a good woman of good character who has deserved way better than life delivered.

I will remember all of you in my prayers tonight. Give the Mrs. an extra smooch on my behalf.

 

[SeeAlice]

Arron Lewis isn't the only person filing ....


Filed Nov 21, 2014 Petition for Appointment of Special Admin of Beverly Lownes Carter Estate
Filed Nov 25, 2014 Exhibit A - death certificate (not scanned)
Filed Nov 25, 2014 Exhibit B- Employment contract between Carl Carter Sr and Law Firm
Filed Dec 2, 2014 ORDER APPT ADMINISTRATOR/IX order signed giving Carl Carter Sr the appointment

**Side note, Nov 24, 2014 was the date of formal charges for Capital Murder, Kidnapping (and the Firearms chgs for AL)were filed on Aaron Lewis and Crystal Lowery in Circuit Court Case....

***Side note, Dec 3, 2014 is when Arron Lewis and Crystal Lowery went before the Court for Plea and Arraignment in the Circuit Court on Capital Murder and Kidnapping of Beverly Lynn Lownes Carter

In part:

IN THE MATTER OF ESTATE OF BEVERLY LOWNES CARTER, DECEASED PETITION FOR APPOINTMENT OF SPECIAL ADMINISTRATOR

Lynn Carter, SR....whose interest in the decedent's estate spouse... petitions that special letters of administration of the estate to be issued in order to investigate and pursue a possible wrongful death and survival lawsuit related to her death which occurred on or about Sept 20, 2014 (*** ARMIMI note- this is the date that Beverly Carter was located and pronounced deceased)

In the Contract..... all parties responsible ... as result of an incident which began in Scott AR on or about September 25, 2014 which resulted in the death of Beverly Carter...

https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60PR-14-2152&begin_date=&end_date=

Who are they suing for wrongful death? The real estate firm?

 

[mpnola]

Good for them! And I hope they are set up so that if "Mr. Loves-To-Sue" gets any money, it goes straight to them! For the rest of his sue happy life! I don't understand the brain of someone who is okay with kidnapping and duct taping and eventually killing a human, but can personally feel so incredibly wronged by not being prison pampered! I don't want to understand that brain, I guess.

TKL, I would like to second what SeeAlice said! Please, extend the love and support we have for you, to your wife! You both are examples of amazing strength, willing to do whatever it takes to keep their family in a safe and secure place, in my book!

 

[jstkiddn]

Exactly what mpnola said. Odds are that if Mr. Sue Happy keeps filing lawsuits at the current rate, he will eventually gain some money....just like last time. Many times they just settle to make it go away and he knows this, and right now he has nothing but time to file suit after suit.

I hope that any gain he receives goes to the Carters. Sort of like OJ Simpson and the Brown family.

 

[arkansasmimi]

Who are they suing for wrongful death? The real estate firm?

***just my opinions
Doesn't say... but I would feel comfortable in my opinion that Arron Michael Lewis, Crystal Hope Lowery for sure, and possibly I guess the Real Estate Firm. I remb years back when Barbara Mandrell was in that accident that was bad. In 1991 my family on vacation went to her museum in Nashville, TN. It was interesting. She had to sue the other party that hit her, a young 19 yr old who died in the accident.

I don't know the laws on stuff like that, but possible it could be a work related claim due to she was working. Not sure how the Agent/Broker stuff is as if your contract worker? ConnectZDots.... can you weigh in .. I know your in a diff state, but how would that work? Thanks in advance..

I found this on answers dot com
According to Tennessee State law if you are in a car accident which was caused by the other party, in order to receive money from your own insurance company you have to sue the other party in name only

and
During the recuperation period, Mandrell was unable to work and therefore needed to collect on her automobile accident insurance to pay for medical bills and to keep her band paid. Mandrell was informed by her insurance company that under Tennessee law, they were unable to take legal action on her behalf and that she had to sue the estate of the other driver (an uninsured motorist, Mark White, 19, of Lebanon, Tennessee, who died in the accident) in order to collect
http://en.wikipedia.org/wiki/Barbara_Mandrell

 

[concernedmother]

I assume its still the same as when I was in real estate. You are an independant contractor, responsible for your own transportation, taxes etc. They dont pay you, you earn commission off your sales.So I don't think he could sue the real estate. His suit would be against AL and CL for wrongful death. They are the ones accused of taking her life. jmo

 

[concernedmother]

http://en.wikipedia.org/wiki/Wrongful_death_claim
The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt.

For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O. J. Simpson murder case).

http://dictionary.law.com/default.aspx?selected=1586
preponderance of the evidence
n. the greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

http://legal-dictionary.thefreedictionary.com/Beyond+a+Reasonable+Doubt
Reasonable Doubt
The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.
If the jurors or judge have no doubt as to the defendant's guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proven the defendant's guilt beyond a reasonable doubt and the defendant should be pronounced guilty.

 

[ConnectZDots]

***just my opinions
Doesn't say... but I would feel comfortable in my opinion that Arron Michael Lewis, Crystal Hope Lowery for sure, and possibly I guess the Real Estate Firm. I remb years back when Barbara Mandrell was in that accident that was bad. In 1991 my family on vacation went to her museum in Nashville, TN. It was interesting. She had to sue the other party that hit her, a young 19 yr old who died in the accident.

I don't know the laws on stuff like that, but possible it could be a work related claim due to she was working. Not sure how the Agent/Broker stuff is as if your contract worker? ConnectZDots.... can you weigh in .. I know your in a diff state, but how would that work? Thanks in advance..

I found this on answers dot com
According to Tennessee State law if you are in a car accident which was caused by the other party, in order to receive money from your own insurance company you have to sue the other party in name only

and
During the recuperation period, Mandrell was unable to work and therefore needed to collect on her automobile accident insurance to pay for medical bills and to keep her band paid. Mandrell was informed by her insurance company that under Tennessee law, they were unable to take legal action on her behalf and that she had to sue the estate of the other driver (an uninsured motorist, Mark White, 19, of Lebanon, Tennessee, who died in the accident) in order to collect
http://en.wikipedia.org/wiki/Barbara_Mandrell

Just got home. No, I don't think they would be suing the firm. Realtors are independent contractor status - not employees- and the only umbrella type insurance policy they work under as I know it here is what's called an Errors & Omissions policy that covers the firm's side of lawsuits related to any malpractice, abuses of license, fraud, misrepresentation, etc.

In my friend's murder (not a realtor) there was a wrongful death suit filed by the family after the big trial, but the murderer had a significant estate and they sued him, his estate. Maybe .... (here she goes again!!) maybe there is a third party involved that they could sue...because I can't see them getting much from AL or CLs estates... Unless AL has a stash of stolen goods at some public storage or garage somewhere. I highly doubt they'd be trying to hold the Crye Like broker responsible though....Seems unlikely. jMO.

 

[ConnectZDots]

For that matter, there could be a number of others involved along the way in the commission of the crime that we don't know about yet, whose actions or lack of actions could well have inadvertently facilitated or allowed her to: go missing, be "terrorized", be killed, be buried in a shallow grave. An example might be if she was taken to the cement place to be roughed up and terrorized, and the company guard was asleep or took a bribe to let them come in - laying some blame at the cement company. ... Or that mystery third party... (making this up just as a possible scenario where one might have cause to press charges) MOOoooo

 

[jstkiddn]

<snip>...because I can't see them getting much from AL or CLs estates... Unless AL has a stash of stolen goods at some public storage or garage somewhere. I highly doubt they'd be trying to hold the Crye Like broker responsible though....Seems unlikely. jMO.

I agree about Crye-Lyke, but AL walked out of prison last time with almost $60k in cash. Not out of the realm of possibility that it could happen again, so I'm glad they are taking steps to lay claim to any sudden windfalls he may acquire.

 

[ConnectZDots]

I assume its still the same as when I was in real estate. You are an independant contractor, responsible for your own transportation, taxes etc. They dont pay you, you earn commission off your sales.So I don't think he could sue the real estate. His suit would be against AL and CL for wrongful death. They are the ones accused of taking her life. jmo

Sorry concernedmom....just saw your post after I replied to same! Yes, I agree, would be quite a leap to sue the brokerage.

 

[ConnectZDots]

AL walked out of prison last time with almost $60k in cash. Not out of the realm of possibility that it could happen again, so I'm glad they are taking steps to lay claim to any sudden windfalls he may acquire.

Yep in the case of an indigent I believe a successful lawsuit can garner future wages...although he won't most likely be doing much more than making license plates. Well... I do suspect he will try to sell the rights to the story, not sure if he himself can actuall earn profits for that though. Think not.

 

[ConnectZDots]

Oh... Look! I'm alone in the room!

Anyways I just wanted to echo the sentiments from earlier for TKL and his wife.... And for the whole TKL family, who all had to have been deeply affected by this trauma. I hope you all have good caring friends at this time.

 

[arkansasmimi]

Thank you both. That was what I was think but wasn't sure.. (* I still have not resolved the gut feeling of someone else in addition to these either) Plus as someone else stated NWLady? If AL were to get any other $$ they could get it. Hinky meter is runny...

 

[arkansasmimi]

I agree about Crye-Lyke, but AL walked out of prison last time with almost $60k in cash. Not out of the realm of possibility that it could happen again, so I'm glad they are taking steps to lay claim to any sudden windfalls he may acquire.

Agree. The attorney contract says lawyer is getting 33 1/3% plus cost...so I sure they have private investigators snooping and Sleuthing all over the place (wink wink). If they don't win, not owe... The Lawyer isn't going to take this case unless they think they can win $$... but they can after investigation if they think recovery is poor withdraw from case... should be interesting....bookmarking for later

 

[arkansasmimi]

This law firm is a Personal Injury Law Firm

This struck me odd.. probably just something all of them have .. actually never looked. Seen the gobs of commercials for personal injury lawyers, thankfully closest I have ever had to get.

http://www.mcmathlaw.com/attorneys/james-mcmath.aspx

Areas of Special Interest

Personal injury, especially related to product defects; pharmaceuticals and toxic substances; medical negligence; crash worthiness and passenger restraint system failures; highway construction accidents; commercial and crop damage related to pesticides either through misuse or product defects; pollution-related property damage and personal injury claims; multiple plaintiff causes of action.

 

[Tallula.Belle]

I think at this point that this has been filed as a precaution, so if their are any monies at a future time. I think it is also of note that it was clearly stated that the decedent "Owned no assets of marketable value." Which blows AL comment about a rich broker theory up in smoke.

As to the law firm could be someone the family knows.

 

[Butler321]

Just a thought.... If/when the Carter family gets a judgement against AL for wrongful death and AL gets it through his narcissistic thick scull that he will never get a penny, and that any and all future windfalls of money will go to the Carter family... Maybe he'll stop suing everyone.

 

[mpnola]

Just a thought.... If/when the Carter family gets a judgement against AL for wrongful death and AL gets it through his narcissistic thick scull that he will never get a penny, and that any and all future windfalls of money will go to the Carter family... Maybe he'll stop suing everyone.

I thought the same thing!!!!!!!!!!!!!!!!! And then I thought- nah, he will take that as another opportunity to file an appeal on that judgement for why he should have the money himself or something. He's nuttier than a fruit cake!

 

[beaglebrd]

I wonder, with this suit by the Carters, if they can get information that they aren't currently getting for a sealed criminal trial. I'm sure the family knows more than the public, but maybe they want answers sooner than by the time a trial rolls around. Trial have a way of getting put off over and over again.