Homicide/Murder Case Results

Not Guilty

  • Charges: First Degree Murder, N.C.G.S. § 14-17
  • Facing: Mandatory LIFE sentence
  • Result: Not Guilty.
  • State v. B.S.: Our client was indicted for First Degree Murder for his alleged role in a drive-by shooting that lead to the death of the victim. Prior to trial, we filed several motions in limine to prevent the State from introducing evidence regarding our client's alleged gang affiliations and past criminal activity. At trial, the State presented video footage and multiple witnesses who testified that our client was the driver of the suspect vehicle. At the time of the incident, our client was subject to "ankle monitoring" which placed him at the scene of the crime at the time of the shooting. Ultimately, the jury returned a verdict of Not Guilty.
  • Attorney: APR

Negotiated Plea

  • Charges: First Degree Murder, N.C.G.S. § 14-17, Robbery with a Dangerous Weapon, N.C.G.S. § 14-87
  • Facing: mandatory LIFE sentence, plus 160 to 204 months
  • Result: 144 months to 185 months.
  • State v. J.G.: The State had compelling evidence that our client set up a drug deal that directly lead to the robbery/murder of a young man. We persuaded the State to reduce the charges to Second Degree Murder. In North Carolina, there are two types of Second Degree Murder, N.C.G.S. § 14-17(b) (which is a B1 felony) and N.C.G.S. § 14-17(b)(1) (which is a B2 felony). The version of Second Degree Murder that is a B2 felony is punished less severely than the B1 felony version, because under the B2 felony statute "the malice necessary to prove second degree murder is based on an inherently dangerous act" that is done "recklessly." While "reckless" Second-Degree Murder is often reserved for DWI cases that result in a death, we persuaded the State to allow our client to plead under that statute. Ultimately our client avoided a LIFE sentence and can expect to be released from prison in his early thirties.
  • Attorney: APR

Negotiated Plea

  • Charges: Felony Death by Motor Vehicle, N.C.G.S. § 20-141.4, and DWI, N.C.G.S. § 20-138.1
  • Facing: 51-74 months in prison
  • Result: 4 years supervised probation
  • State v. R.H.: Our client struck and killed a motorist when he was driving while impaired. Our client’s BAC was almost 3 times the legal limit, .23 according to the EC-IR II. After pleading guilty to felony death by vehicle, we persuaded the Court to impose a probationary sentence.
  • Attorney: APR

Negotiated Plea

  • Charges: Misdemeanor Death by Vehicle, N.C.G.S. § 20-141.4(a2), and Speeding, N.C.G.S. § 141(m).
  • Facing: 150 days in jail.
  • Result: 2 years unsupervised probation and restitution (less than $8,000).
  • State v. E.E.: Our client accidently struck and killed a pedestrian while driving her vehicle. When the investigating officers arrived on the scene, our client was interviewed and her cell phone was seized and searched. The cell phone evidence indicated that our client may have been "texting and driving" when the fatal accident occurred. We were able to utilize an accident reconstruction expert to show that a contributing factor to the accident was that our client's vehicle was out of alignment and had a disconnected stabilizer bar on the right side, causing the vehicle to pull right. According to our expert, the vehicle's slight pull to the right could have caused the tragic accident. Ultimately, our client pled guilty to a misdemeanor and received an unsupervised probationary sentence.
  • Attorney: APR