U.S. Marshals tracked a man wanted out-of-state on two first-degree murder charges to a relative’s home here in North Carolina. Kevin Walker is facing extradition to the District of Columbia where he stands charged with killing a brother and sister pair back in July.
When a person suspected of committing a crime in one state is found in another, that person must go through the process of extradition in order to legally be returned to the accusing state to stand trial. After a North Carolina arrest based on an outstanding felony warrant from another state, an individual will be held and bail will be set pending extradition. If the person is arrested for a crime punishable by life in prison or death, he or she is not eligible to bond out of jail.
The prosecutor in the district that will be handling the criminal charges must request extradition. Unless waived by the defendant, an extradition hearing is held after the Governor of North Carolina receives a formal request for extradition. After the hearing, the Governor may issue a Governor’s Warrant that allows North Carolina authorities to hold the defendant until the requesting state can pick him or her up or, if the defendant was released on bond, allows North Carolina police to take the suspect back into custody.
At this point, a habeas corpus hearing may be appropriate if the arrested individual believes that he or she is being held illegally or to contest the extradition process.
If an extradition hearing is waived, he or she will typically be held until custody is transferred to the requesting state.
Source: The Washington Post, “U.S. Marshals in North Carolina arrest man in killing of brother, sister in D.C.,” September 30, 2013