Case Results

on CRIMINAL:

In March 2018, Jay Vannoy and Brandon York represented an Ashe County Sheriff’s Deputy who was charged with second degree murder and assault with a deadly weapon with intent to kill inflicting serious injury.  These charges were the result of an officer involved shooting where the officer shot a person while he was on duty.  The shooting was recorded on the client’s bodycam and on another officer’s bodycam.  There was a substantial amount of pre-trial publicity related to the case, so venue for the trial was moved from Ashe Couty to Yadkin County.  At trial the State argued that the defendant law enforcement officer shot the Ashe County citizen with malice when he chased the citizen’s truck while the truck was going in reverse away from the officer.  The defense contended that the law enforcement officer was acting in self-defense and in defense of the other officers that were on the scene, and that he fired his weapon to protect himself and the other officers.  After deliberating for approximately six hours, the jury found the law enforcement officer not guilty of all charges.  Based on this outcome, the law enforcement officer was able to return to work.

In Watauga County in April 2017, Jay Vannoy represented a client who was stopped after he failed to use a turn signal and proceeded into the bike lane approximnately one foot and then crossed into the other lane of travel before being pulled over. The officer said tht the client had a “1,0000-yard stare.”  After the client was requested to perform the standardized field sobriet tests, the officer formed an opinion that the client was impaired and arrested him and had his blood drawn.  The results of the blood test showed that client’s blood ethanol concentration was .04 and was positive for marijuana.  The State called an expert in forensic drug toxicology from the North Carolina State lab who testified to that the effect that alcohol and marijuana may have on a person but could not state whether the client was impaired at the time from marijuana.  Mr. Vannoy was able to get the expert witness to explaint that marijuana can stay in your system for some period of time without having any intoxicating affect.  After the jury heard all the evidence and the arguments from Mr. Vannoy and the prosecutor, the jury found the client not guilty of DWI.

In March 2017 in Yadkin County, Jay Vannoy represented a client who was stopped for speeding on a motorcycle.  The driver blew .08 on the inoximeter, but did well on the standardized field sobriety tests.  There was no other evidence of impairment.  The State argued that because client blew .08 and that is the legal limit, that he was guilty of DWI.  Mr. Vannoy argued to the jury that the intoximeter is not truthworthy and with the error rate within the machine, it is likely that the client’s lood alcohol level could have been below .08.  The jury agreed and found the client not guilty.

Also in 2017, in Ashe County, Jay Vannoy represented a client who had wrecked her vehicle in a rain storm and admitted to taking her prescriptions.  The State argued that based on the client’s slurred speech and grogginess following the accident, that she was ipaired from the prescription medication.  In addition, the State argued that she performed poorly on the standarized field sobriety tests which indicated that she was impaired.  Mr. Vannoy argued that the wreck was caused by the weather and had nothing to do with her prescription medication and that her performance on the standardized field sobriety tests was related to the trauma from the accident.  The jury found the client not guilty of DWI. r

\In May 2016 in Alexander County, Jay Vannoy, with the assistance of attorney Ashley Cannon, represented a client who was charged with first degree murder.  The State alleged that the client  shot a man while the client was on his own front porch and the man was in the client’s front yard.  There had been multiple arguments throughtout the nigt and the police had been called several times and the victim had been asked to leave.  When the victim came back into the client’s yard the last time, the defendant  told the man to leave and that he wasin fear of hi own life.  However, instead of leaving client’s yard, the victim approachecd the defendant’s porch and the defendant pulled out a gun and fired one shot killing the victim.  While the State contended the defendant was guilty of first degree for acting with premeditation and deliberation, the defendant argued that he was acting in self-defense.  The state acquitted the defendant of first degree murder and second degree murder, and found the defendant guilty of voluntary manslaughter.  The defendant argued that the Castle doctrine applied because the victim had entered ono th3 defendant’s property when the defendant shot him.  The trial court denied Mr. Vannoy’s request to instruct the jury on the Castle doctrine.  This case is currently on appeal to the North Cartolina Court of Appeals and presents an interesting question, whether the Castle doctrine should apply under the cirumstances of this case.

lJay Vannoy represented a client who was arrested and charged with first degree murder on August 22, 2014 in Alexander County.  The State accused the client of beating his girlfriend severely until she died.  Mr Vannoy and his client asserted from the outset that the client did not kill the girl,  but that she had taken some prescription medications that caused her death. Once the autopsy was returned, it confirmed that the client did not kill the lady and in February 2015 the charges were dismissed against Mr. Vannoy’s client.

In September 2013 Jay Vannoy represented a client charged with first degree murder in Caldwell County.  The client was accused of stabbing the victim, who was a friend of his, in the neck with a steak knife with premeditation and deliberation.  The client argued that he was acting in self defense after the victim pointed a double barrel shotgun at him.  The case went to trial before a jury in Caldwell County.  The jury considered whether to convict the client of first degree murder, second degree murder or voluntary manslaughter.  Mr. Vannoy argued to the jury that his client stabbed the victim in self defense and the clients actions were justified so he should be found not guilty. After seven days of trial, the jury agreed and found Mr. Vannoy’s client not guilty of all charges.

Jay Vannoy represented a client who was charged with first degree murder and obstruction of justice.  In February 2013, Mr. Vannoy’s client pled not guilty and the case went to jury trial.  Mr. Vannoy argued to the jury that the client acted in self-defense when his client was shot first by the victim with the client’s own gun, and then believing the victim was going to get another gun, client shot the victim three times. The State argued that the Defendant planned the shooting and shot himself to make it look like self-defense.  After the shooting, the client admitted to the police that he told a neighbor to move a gun at the scene and put it in the victim’s hand.  The trial lasted three weeks and on March 8, 2013, the jury found Mr. Vannoy’s client not guilty of first degree murder, but guilty of obstruction of justice.

On May 17, 2010, a woman in Surry County was charged with first degree murder, conspiracy to commit first degree murder.and robbery with a dangerous weapon.  Mr. Vannoy represented her,  and she was facing life in prison without parole. The client was alleged to have plotted with a co-defendant to kill her husband.  On the night her husband was killed, the Defendant made a statement to the police at the police station.  Mr. Vannoy filed a motion to suppress this statement on the grounds that the police violated the client’s rights in taking the statement.  The Court agreed,  so the statement could not be introduced into evidence against the client.  After the statement was suppressed, Mr. Vannoy was able to negotiate a plea bargain to conspiracy to commit second degree murder and solicitation to commit robbery with a dangerous weapon. On October 1, 2012, the Defendant entered an “Alford” plea without admitting any guilt.  The Defendant was given a sentence of 68 to 91 months on the conspiracy charge and 16 to 20 months on the solicitation charge.  The Defendant was also given credit against this sentence for the time she spent in jail waiting for trial.

Mr. Vannoy had a client in Surry County charged with first degree murder.  The client stabbed a man during an altercation.  Mr. Vannoy argued that the client was acting in self-defense when he stabbed the gentleman.  The stabbing occurred in July of 2009.  Mr. Vannoy negotiated a plea for the client to voluntary manslaughter and on March 8, 2011 the client was given a mitigated sentence to voluntary manslaughter and received a minimum of 72 months and a maximum of 96 months in prison with credit against this sentence for all the time the client served waiting for trial.

In 2011, Jay Vannoy tried a case for a client in Wilkes County who was charged with trafficking by selling a Schedule II controlled substance and possession with intent to manufacture, sell and deliver Schedule II controlled substance. The trafficking charge was dismissed by the Court at the close of the State’s evidence and the Defendant was found not guilty by the jury on the remaining charges.

The firm represented a client in who was an employee of the Town of Boonville and was charged with communicating threats and second degree trespass. Jay Vannoy represented this client and the case went to trial in District Court in Yadkinville in front of a judge and the client was acquitted of all the charges and the alleged victim in those charges was convicted of assaulting the client. Jay Vannoy instituted a civil action against the person for assaulting the client. That case went to a jury trial in Yadkin County in February 2011 and the jury awarded a verdict for compensatory damages in favor of the client in the exact dollar amount Mr. Vannoy requested. The case was settled before the punitive damages portion of the trial was heard by the jury.

In August 2011, Jay Vannoy represented a client in Wilkes County who was charged with the felonies of breaking and entering, larceny after breaking and entering, and obtain property by false pretense. The case was tried in front of a Wilkes County jury and the client was found not guilty of all charges.

In February 2001, Jay Vannoy and Gary Vannoy represented a client charged with first-degree capital murder in Surry County. The State was seeking the death penalty against the client. The Vannoys argued that their client acted in self-defense and was not guilty of first-degree murder. The jury convicted the client of second-degree murder in lieu of first-degree murder.

In 2001, Jay Vannoy represented a client charged with aiding and abetting first-degree murder and being an accessory after the fact to first-degree murder in a shooting case that occurred in North Wilkesboro. After the jury deliberated for approximately two hours, the client was found not guilty.

In 2002, a client was charged with second-degree kidnapping and robbery with a dangerous weapon from a convenience store in North Wilkesboro. The client pled not guilty and the case went to a jury trial in February 2003. The client was acquitted of all the charges.

In June 2002, Jay Vannoy represented a client charged with first-degree rape. The jury found the client not guilty.

In 2005, Jay Vannoy’s client was charged with voluntary manslaughter after he stabbed another man. The client claimed he acted in self-defense. The client pled not guilty and, after a jury trial, the client was found not guilty.

In September 2007, Jay Vannoy represented a client charged with first-degree murder for shooting a person at close range with a shotgun. The client initially confessed to shooting the victim. However, at trial, the defense argued that the confession was not accurate and that someone else shot the victim. The jury acquitted the defendant of first-degree murder.

In October 2008, Jay Vannoy represented a client charged with first-degree burglary and assault with a deadly weapon inflicting serious injury. The jury found the defendant not guilty of these charges and only convicted the defendant of misdemeanor breaking and entering.

Jay Vannoy represented a client charged with indecent liberties with a child in 2008. The client denied the allegations and pled not guilty. In May 2010, the case went to trial and after a week long jury trial, the jury found the client not guilty.

In 2017 Jay Vannoy tried three (3) DWI jury trials in Yadkin County, Ashe County and Watauga County. In all three cases, the jury found Mr. Vannoy’s client not guilty of DWI.

Jay Vannoy had a case in Ashe County where the client wrecked her vehicle in a rain storm and admitted to taking her prescription medications. The State argued that, based on the client’s slurred speech and grogginess following the accident, that she was impaired from the prescription medication. In addition, the State argued that she performed poorly on the standardized field sobriety tests which indicated that she was impaired. Mr. Vannoy argued that the wreck was caused by the weather and did not have anything to do with her prescription medication and that her performance on the standardized field sobriety tests was related to the trauma from the accident. The jury found the client not guilty of DWI.

Jay Vannoyt’s client was stopped in Watauga County after he failed to use a turn signal and proceeded into the bike lane approximately one foot and then crossed into the other lane of travel before being pulled over. The officer said that the client had a 1,000-yard stare. After the client was requested to perform the standardized field sobriety tests, the officer formed an opinion that the client was impaired and arrested him and had his blood drawn. The results of the blood test showed that his blood ethanol concentration was .04 and his blood was positive for marijuana. The State called an expert in forensic drug toxicology from the North Carolina State lab who testified to the effect that alcohol and marijuana may have on a person but could not state whether the client was impaired at the time from marijuana. Mr. Vannoy was able to get the expert to explain that marijuana can stay in your system for a period of time without having any intoxicating affect. After the jury heard all the evidence and the arguments from Mr. Vannoy and the prosecutor, the jury found the client not guilty of DWI.

Jay Vannoy had a client in Yadkin County who was stopped for speeding on a motorcycle. He blew .08 on the intoximeter but did well on the standardized field sobriety tests. There was no other evidence of impairment. The State argued that because client blew .08 and that is the legal limit, that he was guilty of DWI. Mr. Vannoy argued to the jury that the intoximeter is not trustworthy and with the error rate within the machine it is likely that the client’s blood alcohol level could have been below .08. The jury agreed and found the client not guilty.

In March 2018, Jay Vannoy and Brandon York represented an Ashe County Sheriff’s Deputy who was charged with second degree murder and assault with a deadly weapon with intent to kill inflicting serious injury. These charges were the result of an officer involved shooting where the officer shot a person while he was on duty. The shooting was recorded on the client’s bodycam and on another officer’s bodycam. There was a substantial amount of pre-trial publicity related to the case and venue for the trial was moved from Ashe County to Yadkin County. At trial the State argued that the defendant law enforcement officer shot the Ashe County citizen with malice when he chased the citizen’s truck while the truck was going in reverse away from the officer. The defense contended that the law enforcement officer was acting in self-defense and in defense of the other officers that were on the scene and fired his weapon to protect himself and the other officers. After deliberating for approximately six hours, the jury found the law enforcement officer not guilty of all charges. Based on this outcome, the law enforcement officer was able to return to work.

In May 2016, Jay Vannoy, with the assistance of attorney Ashley Cannon, represented a client in Alexander County who was charged with first degree murder. The State alleged that the defendant shot a man while the defendant was on his front porch and the man was in the defendant’s yard. There had been multiple arguments throughout the night and the police had been called several times and the victim had been asked to leave. When the victim came back the last time, the defendant testified that he told the victim to leave and that he was in fear of his own life but, instead of leaving, the victim approached the defendant’s porch and the defendant pulled out a gun and fired one shot killing the victim. While the State contended the defendant was guilty of first degree murder for acting with premeditation and deliberation, the defendant argued that he was acting in self-defense. The jury acquitted the defendant of first degree murder and second degree murder, and found the defendant guilty of voluntary manslaughter. The defendant argued that the Castle doctrine applied because the victim had entered onto the defendant’s property when the defendant shot him. The trial court denied Mr. Vannoy’s request to instruct the jury on the Castle doctrine. This case is currently on appeal to the North Carolina Court of Appeals and presents an interesting question, whether the Castle doctrine should apply under the circumstances of this case.

CIVIL:

Jay Vannoy recently represented a husband, wife and son who were injured when they were struck by a vehicle in a parking lot . The husband and son were talking outside the car and the wife was inside the car when another car lost control and collided with the wife’s car and pinned the husband and son underneath. The husband had an acetabular fracture that was complicated by infection while he was hospitalized. He subsequently had to have a hip replacement surgery. The wife had to have glass removed from parts of her body and both the husband and wife suffered a loss of consortium. The son had a concussion and was seen at the hospital. His case was settled quickly for more than 4 times what his medical bills were. In the husband’s and wife’s case, Mr. Vannoy convinced the insurance company for the at fault driver to mediate the case prior to filing a lawsuit. The case settled shortly after mediation for $1,150,000 without the clients having to file a lawsuit.

The firm represented a lady who was involved in a very serious motor vehicle accident in Surry County. The client sustained multiple pelvic and rib fractures and a lacerated kidney. Jay Vannoy handled the case for the client and the case was settled in early 2011 and prior to trial for the negligent driver’s insurance policy limits and the under insured motorist coverage limits of the client for a total settlement of $140,000.

Bud Colvard and Jay Vannoy represented the estate of a man killed in a motorcycle accident by an impaired driver. In the fall of 2007, an arbitration panel awarded the estate $1,000,000, which represented the limits of the decedent’s under insured motorist coverage.

Jay Vannoy and Daniel Johnson represented a builder in a breach of contract claim against homeowners. The case was tried to a jury which returned a verdict in the amount of $51,000. The court granted the homeowners’ motion for directed verdict and the builder appealed. Mr. Vannoy and Mr. Johnson successfully prosecuted the appeal, which resulted in reinstatement of the jury’s verdict, the imposition of post-judgment interest, and clarification of North Carolina law with respect to licensing requirements for general contractors.

Jay Vannoy and Daniel Johnson represented a minor child that suffered lacerations to her eye from broken glass in an automobile accident. They obtained a settlement in the amount of $100,000, which represented the negligent driver’s insurance policy limits.

Bud Colvard represented a client that suffered numerous fractures to her lower extremities in an automobile accident in Mecklenburg County. The case was settled in 2007 for the negligent driver’s insurance policy limits of $100,000.

Daniel Johnson represented a client in a workers’ compensation case involving a hit-and-run accident. The client’s employer and its workers’ compensation carrier denied benefits, contending that the employee was an independent contractor. The case was settled at mediation for $125,000 in the summer of 2008.

Daniel Johnson represented a client in a jet-ski accident that resulted in severe injuries to the client’s right leg. The case was settled following negotiation with the other party’s liability insurance carrier for $225,000 in early 2010.

Daniel Johnson represented a client in a workers’ compensation claim involving a skidder accident. The client’s employers did not have workers’ compensation coverage and filed bankruptcy immediately after the client’s accident. The claim was pursued through the employer’s bankruptcy claim and settled in early 2010 for $125,000.

Jay Vannoy and Daniel Johnson represented the estate of a man murdered in Wilkes County in 2007. In the spring of 2010, they obtained a judgment for the decedent’s estate in the amount of $4,641,019.85 for compensatory and punitive damages.

Daniel Johnson represented a client in a workers’ compensation claim resulting from a back injury. The case was successfully mediated in early 2010 and a settlement of $265,000 obtained for the injured employee.

Daniel Johnson represented a client in a workers’ compensation claim due to a leg injury that resulted in reflex sympathetic dystrophy (RSD). The claim was successfully mediated in the spring of 2010 with a settlement obtained for the injured employee in the amount of $150,000.

In 2017 Jay Vannoy and co-counsel, Forrest Ferrell, recently represented a Wilkes County property owner whose land was condemned by the Department of Transportation for the widening of Highway 268 in Wilkes County. Mr. Vannoy and Mr. Ferrell argued that the widening of the highway took a portion of the client’s property and damaged his business. The case stalled at mediation. Then, on the morning the trial was supposed to begin, Mr. Vannoy and Mr. Ferrell obtained a settlement for the client in the amount of $225,000.00.

Jay Vannoy represented the family of a lady who was tragically killed in August 2016 when she was driving in Wilkes County and was hit head on by another driver. Mr. Vannoy filed a wrongful death lawsuit against the other driver because he did not believe the other driver had sufficient insurance to cover the family’s loss. The case went to trial in February 2018. The family for the deceased testified to the effect the death has had on them. The defendant’s counsel admitted liability and responsibility for the death but argued to the Court that the family should not be entitled to receive a substantial amount of money. After hearing all the evidence and the arguments from Mr. Vannoy and opposing counsel, the Court entered a judgment against the defendant for an amount over six times what the defense counsel argued should be awarded.