Found Deceased NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 #4 *Arrest*

[yrmfp]

Here is what I found -- lots of stuff -- the "biggie" is anything held in Superior Count.

Court Defendant -Date of Birth- Court Date-Court Room- Session Case Number- Citation No.
-District MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056270
-District MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056271
-District MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056272
-District MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056273
-District MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056274
-District MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056275
-District MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056276
-District MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056277
-District MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056278
-District MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056279
-District MCLELLAN,MICHAEL 08/03 03/19/2019 003A AM 18CR055491
-Superior MCLELLAN,MICHAEL 08/03 01/07/2019 002A AM 18CRS001998
-Superior MCLELLAN,MICHAEL 08/03 01/07/2019 002A AM 18CRS001998
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Calendars / District and Superior Court Query

Yea, the 2 superior court hearings ( same date) are for the 2016 rape.

I have no doubt Hanias case will be moved....given the circumstances I think that is likely for the best.

 

[yrmfp]

Oddly those dates have been moved up over the past few days. I screen shotted them last week when they were rescheduled. Maybe to avoid transporting him as much?

Attached is what was showing last friday evening.

 

[borndem]

This is disturbing and horrifying. How could anyone not have followed up???

LE personnel in that county are probably underpaid, some may be under-educated, and understaffed, and it may be that management is the same. I feel sure that there is a lot of day-to-day crimes -- DV, car accidents, break-ins, rapes (and we already know their solve rate on rapes is way below the average in NC), shootings, robberies, Interstate 95 (the drug corridor runs through Lumberton), etc., etc. The Robeson County cities neighboring Lumberton may be in worse shape income-wise. Note: This is in no way giving them an excuse or an out, but I suspect that some of it is at least true -- small, poor towns, low budgets due to low tax receipts, etc. Possibly some "bad cops", etc. But this is the case in nearly every city or county in this country. Certainly this situation is widespread, so it's not be used as an excuse -- it's just a fact.

Apparently some horrible lapse of simply assigning the McLellan DNA-match to someone was either not done or not followed-through. Seems to me it would have been a slam-bang for some energetic city or county LE pair of investigators, street cops, or whatever. And, it seems to me, both the DA and the Chief of Police and/or the County Sheriff should be made to explain it and blame should be assigned, etc.
And something like, "Oh, it must have just slipped through the cracks," is intolerable and near-criminal, IMO.

Please forgive the rant. It's where I grew up, but it's been a long time since I've been back. It breaks my heart and makes me mad as hell at the same time.

 

[borndem]

Oddly those dates have been moved up over the past few days. I screen shotted them last week when they were rescheduled. Maybe to avoid transporting him as much?

Attached is what was showing last friday evening.

Hmmm, that's interesting...

It could simply be some principal of the case has a conflict, or the transport situation as you said. We'll have to keep an eye on it.
We do need to remember that it often takes 1 to 2 years for a case such as this to get to trial. It's tuff to be patient when we're waiting for a ~man~ like McLellan to be brought to justice. He kidnapped, raped and killed an innocent little girl.

 

[Niner]

to you both yrmfp & borndem! Much appreciated!!

So, from what I understand is:
1/7/19 - re 2016 rape case
1/23, 3/19 & 3/26 - current charges.

Is that correct?

The links you both gave, I still can't access it.... Must be these stupid EU rules!

 

[Niner]

I just looked at my notes -

Was arrested Nov. 13 & charged with second-degree kidnapping, possession of a firearm by a felon and attempted robbery with a dangerous weapon in connection with an Oct. 15, 2018 attack in Fairmont. Held on $2.5M bond. This case is continued to 3/19/19.

So the hearing on 3/19 is actually for the Oct. 15, 2018 case.

 

[Niner]

I was going to edited the above post - but here is how to keep it from being confusing.

Case #18CR0001998 - 2016 rape case
Case #18CR055491 - Oct. 2018 attack
Case #s 18CR056670 - 79 - Hania's case. There are 10 different case #s which match the 10 counts against him.

I've made a note on the case #s!

 

[yrmfp]

The 1/23 date has now been moved up to 1/8

So 1/7 is superior court relating to charges of rape, kidnapping and weapon from a 2016 incident (the big DNA fail fiasco)Case #18CR0001998

1/8 is for all 10 counts against Hania Case s 18CR056670

3/19 attempted carjacking and kidnapping 18CR055491

 

[borndem]

I just looked at my notes -

Was arrested Nov. 13 & charged with second-degree kidnapping, possession of a firearm by a felon and attempted robbery with a dangerous weapon in connection with an Oct. 15, 2018 attack in Fairmont. Held on $2.5M bond. This case is continued to 3/19/19.

So the hearing on 3/19 is actually for the Oct. 15, 2018 case.

Here's what I get when I click the link on the 3/19/19 date:
----------------------------------------------------------------------
Case Details

12/27/2018

Case Number: 18CR055491
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 03/19/2019 Session: AM Court Room: 003A
Citation:

........................Arraigned Offenses

Offense Code....... Description .....................Statute
5224 Felony-POSSESSION OF FIREARM BY FELON ................................................................................. 14-415.1

1028 Felony-SECOND DEGREE KIDNAPPING 14-39

1202 Felony-ATT ROBBERY-DANGEROUS WEAPON .................................................................................14-87

-------------------------------------------------------------------
Calendars / Alert

 

[Niner]

Monday, Jan. 7th:
*Prelim Hearing (for 2016 rape case) (@ am session ET) – NC – Hania Noelia Aguilar (13) (abducted Nov. 5, 2018, found Nov. 27, 2018) - *Michael Ray McLellan (34) indicted (12/3/18), arrested & charged (12/7/18) with 1st degree murder, 1st degree forcible rape, statutory rape of a person under 15, 1st degree sexual offense. Statutory sex offense with a person under 15, 1st degree kidnapping, felony larceny, felony restraint, abduction of a child & concealment of a death. Held without bond.
Charged (12/10/18) with 1st degree rape & 1st degree burglary (re 2016 rape case). $5M bond. Revoked (12/10/18).
Charged (10/15/18) with 2nd degree kidnapping, possession of a firearm by felony & attempted robbery with dangerous weapon.
Was arrested Nov. 13 & charged with second-degree kidnapping, possession of a firearm by a felon and attempted robbery with a dangerous weapon in connection with an Oct. 15, 2018 attack in Fairmont. Held on $2.5M bond. This case is continued to 3/19/19.
12/7/18: Preliminary hearing set for 12/10. 12/10/18: Judge revokes bond (on other case) & denies bond. He appointed 2 attorneys. Next hearing on 12/21.
12/21/18 Update: Next hearings on 1/7/19 (rape), 1/8 (Hania), 3/19 (kidnapping) & 3/26 (Hania).

 

[borndem]

Well, things are gonna happen -- thanks for taking a look, friend Niner!
Yep, Mr. McLellan is in a heap o' trouble. I'll bet he's not even worried about it. He knows life behind bars -- he'll be fine.
Grrrrr

 

[Niner]

Tuesday, January 8th:
*Prelim Hearing (for Hania’s case) (@ am session ET) – NC – Hania Noelia Aguilar (13) (abducted Nov. 5, 2018, found Nov. 27, 2018) - *Michael Ray McLellan (34) indicted (12/3/18), arrested & charged (12/7/18) with 1st degree murder, 1st degree forcible rape, statutory rape of a person under 15, 1st degree sexual offense. Statutory sex offense with a person under 15, 1st degree kidnapping, felony larceny, felony restraint, abduction of a child & concealment of a death. Held without bond.
Charged (12/10/18) with 1st degree rape & 1st degree burglary (re 2016 rape case). $5M bond. Revoked (12/10/18).
Charged (10/15/18) with 2nd degree kidnapping, possession of a firearm by felony & attempted robbery with dangerous weapon.
Was arrested Nov. 13 & charged with second-degree kidnapping, possession of a firearm by a felon and attempted robbery with a dangerous weapon in connection with an Oct. 15, 2018 attack in Fairmont. Held on $2.5M bond. This case is continued to 3/19/19. Case#18CR055491. 2016 rape #18CR0001998 Hania’s Case #s 18CR056670-79
12/7/18: Preliminary hearing set for 12/10. 12/10/18: Judge revokes bond (on other case) & denies bond. He appointed 2 attorneys. Next hearing on 12/21.
12/21/18 Update: Next hearings on 1/7/19 (rape), 1/8 (Hania), 3/19 (kidnapping) & 3/26. Hearing on 1/7/19 is re 2016 rape case & 3/19 hearing is for the 10/15/18 attack.

 

[PommyMommy]

Scheduling hearing held for man accused of kidnapping, killing Hania Aguilar
The case against Michael Ray McLellan, the man accused of kidnapping and killing 13-year-old Hania Aguilar, will take a procedural step forward Tuesday morning, reports our ABC sister station in Raleigh, WTVD.

Attorneys are scheduled to be in court Tuesday for a scheduling hearing.

HOWEVER...

It is reported in the video here that the hearing has been delayed; the judge granted the DA's request for a continuance.
Scheduling hearing held for man accused of killing Hania Aguilar

 

[yrmfp]

His next hearing for Hania is 4/2/19

Theres been no update on his hearing in superior court that was scheduled for Monday 1/7. If that was continued as well it's not updated in the court calendar.
If he took a plea, theres no update showing on his NC inmate record.

 

[Niner]

Thank you yrmfp! I can't access the court site, so your help is good!

edited....

so - no hearings on 3/19 or 3/26?

But wait the 3/19 hearing is for the kidnapping case.

I wish they would just put ALL these charges on one case # !!

 

[borndem]

Here's what I found today -- all items are in District Court, so it looks like nothing "heavy" will occur on these schedulings --
District and Superior Courts of ROBESON County Listing: 1 - 11 01/09/2019

Court ------Defendant ------Date of Birth - Court Date
..........Court Room - Session - Case Number -
District MCLELLAN,MICHAEL 08/03 03/19/2019
.............003A................. AM ..............18CR055491
District MCLELLAN,MICHAEL 08/03 04/02/2019
..............003A .............. AM ..............18CR056270
District MCLELLAN,MICHAEL 08/03 04/02/2019
..............003A ............... AM...............18CR056271
District MCLELLAN,MICHAEL 08/03 04/02/2019
..............003A ................AM ..............18CR056272
District MCLELLAN,MICHAEL 08/03 04/02/2019
..............003A................AM................18CR056273
District MCLELLAN,MICHAEL 08/03 04/02/2019
.............003A................AM.................18CR056274
District MCLELLAN,MICHAEL 08/03 04/02/2019
.............003A................AM.................18CR056275
District MCLELLAN,MICHAEL 08/03 04/02/2019
.............003A................AM.................18CR056276
District MCLELLAN,MICHAEL 08/03 04/02/2019
.............003A................AM.................18CR056277
District MCLELLAN,MICHAEL 08/03 04/02/2019
.............003A...............AM..................18CR056278
District MCLELLAN,MICHAEL 08/03 04/02/2019
.............003A..............AM...................18CR056279
-----------------------------------------------------------------------
Calendars / District and Superior Court Query

 

[yrmfp]

Hanias mother just told me she had no knowledge of his court date yesterday. She still is under the impression that he has a 1/23. It had updated on the calendar, moving the 23rd to yesterday, 8th a couple weeks ago. She said she has not been notified of any changes.
If they are not updating her after all the other ways this family has been failed....

 

[borndem]

Hanias mother just told me she had no knowledge of his court date yesterday. She still is under the impression that he has a 1/23. It had updated on the calendar, moving the 23rd to yesterday, 8th a couple weeks ago. She said she has not been notified of any changes.
If they are not updating her after all the other ways this family has been failed....

Since those items were scheduled for District Court, it's very possible the principals are discussing scheduling, informing the "other side" about expert witnesses and evidence, getting permission to show certain evidence, and other such things. I don't know how the Courts handle those types of administrative (if that's what they are/were) goings-on.

If some sessions are not minor, I think the reporters will let the public know, and the Court will let Hania's family know. This is nearly always done, and this case is a big one. We certainly don't know, but we WS'ers will have to wait till the news folks report what is scheduled or what happened if anything is important.
I certainly hope the Court is keeping Hania's family on important court dates.

 

[Niner]

Kidnapping Case:
District MCLELLAN,MICHAEL 08/03 03/19/2019
.............003A................. AM ..............18CR055491

and the rest you posted are Hania's case. Nothing on the rape case yet then.

 

[singlemom]

Public's help sought in tracking activity of man accused in slaying of Hania Aguilar :: WRAL.com