Thomasi McDonald, Staff Writer
The first reports from police across the state last year showed a frightening look at gangs in North Carolina. Police were reporting that up to 1,446 gangs with 14,500 members had sprung up across the state. But a harder look at the numbers showed problems. Some gangs were counted twice. And when a precise definition of gangs, rather than just a label, was applied to initial reports, the size of the gang problem had shrunk to 594 gangs with about 5,800 members.
How can the state stop gangs, a report by the Governor's Crime Commission asked, if we don't have a uniform definition of what a gang is?
So what is a gang? A new state law, the Street Gang Prevention Act overwhelmingly passed by the legislature this summer, defines it.
A criminal street gang or youth gang, according to the new law, is an ongoing group that has three or more members who engage in criminal street gang activity. Committing crimes that would be felonies for an adult is one of a gang's "primary activities." Members share an identity, maybe a name, a sign or a symbol.
Part of the new law's intent is to prevent the growth of gangs by developing community-based intervention programs whose aim is to stop young people from joining gangs in the first place. But the law also provides for tougher penalties for confirmed gang members by making it a felony to belong to a gang, encourage others to join a gang, or participate in a drive-by shooting.
The issue of street gangs in the Triangle made big news last month when a fight between rival gangs at a North Raleigh mall resulted in a near-riot involving hundreds of youngsters. Police said this was "gang-related."
Days later, N.C. State University police investigated a gang-related campus shooting that was reportedly ordered by a gang member in custody at the Wake County jail. At least two of the people involved, a victim and suspect who were both N.C. State students, admitted to being members of the Crips gang. Police called it a "gang hit."
State officials say the definition of a gang contained in a gang prevention act will give prosecutors the elements needed to prove someone is actually a gang member.
David Jones, the director of the Governors Crime Commission, said the definition of gangs contained in the legislation will also be used by NC GangNet, an Internet database that allows law enforcement to share intelligence to solve crimes, monitor and track gang activity.
The definition also will help state officials determine whether gang intervention, suppression and prevention strategies are working.
"Before the legislation was passed there weren't many standards out there except for the Regional Information Sharing System run by the FBI," Jones said. "It was pretty much up to local law enforcement in many cases to determine who belonged to a gang. There was some access with information from vice detectives investigating drugs or violent crimes getting shared, but it was very piecemeal."
Target guns, DA saysWake County District Attorney Colin Willoughby said he does not think anyone can say how effective the new law will be.
"There are some parts that are helpful, like the part that makes a drive-by shooting a more serious crime," Willoughby said, "but I'm not sure how effective it will be in proving someone is a member of a gang."
Willoughby said state prosecutors need a much stronger tool that includes tougher penalties for individuals who commit felony crimes while in possession of a firearm.
"There should be a significant enhancement for selling drugs with a gun stuck down in your belt or for breaking into someone's home while in possession of a firearm," Willoughby said. "Firearms are a significant part of gang violence."
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