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

[PommyMommy]

Man accused of killing Hania Aguilar could face death penalty
The man accused of kidnapping, raping and killing 13-year-old Hania Aguilar in November could face the death penalty if convicted, a Robeson County judge ruled Thursday.

Superior Court Judge Robert Floyd made the ruling during a Rule 24 hearing, which was held to determine whether the state will seek the death penalty against Michael Ray McLellan.

In order for the state to have the option to pursue the death penalty, there must be a penalty phase in the trial, the Robeson County District Attorney's Office said Thursday. As of now, the office said, the case is expected to go to trial.

[...]

Death Penalty Possible For Man Charged With Murdering 13-Year-Old Hania Aguilar
A North Carolina prosecutor says he will seek the death penalty against the man accused in the kidnapping, rape and murder of a teenager last year.

News sources report Robeson County District Attorney Matt Scott voiced his intentions at a hearing Thursday in the case of Michael McLellan, who is charged with first-degree murder and other offenses.

Scott said the crimes fit the criteria for the state to seek the death penalty, noting that the aggravating circumstances included McLellan's criminal record which consists of violent crimes and the "extremely atrocious, heinous and cruel" murder of 13-year-old Hania Aguilar.

[...]

Prosecutor to seek death penalty against Michael McLellan in murder of Hania Aguilar
The Robeson County District Attorney said during a hearing Thursday that the state will seek the death penalty against the man accused of killing Hania Aguilar, according to ABC affiliate WPDE.

Michael Ray McLellan, 34, faces charges of first-degree murder, first-degree rape and first-degree kidnapping (among others). He has been in custody since Nov. 13, but court officials confirm his case was recently seen by a grand jury.

That grand jury indicted McLellan in the case. It was a procedural step in moving the case forward in the court system.

[...]

 

[Niner]

He is due back in court on September 9.

I have next hearing on July 23 for all his case.... ?? or maybe this is just for Hania's case after the July 23rd hearing?

And borndem thanks for the info!

 

[borndem]

No docket changes seen today. Now with the DP added, there could be all kinds of stuff going on. DP-qualified prosecutors and defense attorneys must be arranged and scheduled -- this could cause additional court dates or moving a trial date -- defense attys or prosecutors could ask for more time. Again, who knoze?

I hope McLellan is sweating this new twist -- if he ever sweats about anything...

 

[Niner]

Thanks (again! ) borndem!
Yes, this DP will definitely delay this trial....

I'm wondering if they are going to combine all 3 cases together since they all are supposed to be heard on 7/23? I hope so - make my notes smaller! LOL!

 

[girlhasnoname]

An update on Hania Aguilar's case:



Judge rules man could face death penalty if found guilty of Hania Aguilar's murder :: WRAL.com

If there is any perp that deserves the death penalty, MM does. He is a ticking timebomb and would have continued to rape, rob and murder innocent victims.

He should never have been walking the street that morning as a free man and Hania should be here enjoying her summer break from school.

JMO

 

[Niner]

Tuesday, July 23rd:
*Status Hearing (for ALL cases) (@ 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 (11/13/18), charged (5/14/19) & indicted (additional charges 5/17/19) 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. DA will seek DP. Lumberton/Robeson County Hania’s Case #s 18CR056670-79
*Charged (12/10/18) & indicted (1/7/19) with 1st degree rape & 1st degree burglary. $5M bond. Revoked (12/10/18). 2016 rape case Case#18CR055491
*Charged (10/15/18) & arrested (11/13/18) with 2nd degree kidnapping, possession of a firearm by felony & attempted robbery with dangerous weapon. (10/15/18 kidnapping case in Fairmont). $2.5M bond. 2018 kidnapping #18CR0001998 Robeson County
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).
1/7/19 Update No date for rescheduling on Rape case. 1/8/19: DA asks for continuance hearing set for 4/2 (Hania).
2/13/19 Update: Autopsy released. Chief Medical Examiner stated the girl likely died from asphyxia or suffocation, and her cause of death is listed as "homicidal violence of undetermined means." 3/19/19: Kidnapping: next Status hearing on 7/23.
4/2/19 Update: McLellan not at court hearing; lawyers going over Administrative items. Next hearing (rape) on 4/8. Hearing continued for Hania’s case to 7/23. 4/8/19: Rape case will also be heard on 7/23.
5/14/19: Lumberton police charged Michael Ray McLellan with 10 felonies: 1st degree murder, 1st degree forcible rape & statutory rape of a person 15 or younger, 1st degree sex offense & statutory sex offense with a person 15 or younger, 1st degree kidnapping, larceny, restraint, abduction of a child & concealment of a death. Next court date 6/3. McLellan's case now moves to Superior Court, where prosecutors have requested pretrial preparations to start within 45 days of the indictment. 6/3/19: Next hearing on 7/23 for all 3 cases. Could face the death penalty if convicted, Robeson County judge Robert Floyd ruled Thursday (6/6). Hearing on Hania's case on 9/5. 6/7/19: DA will seek DP for Hania’s murder.

 

[girlhasnoname]

I'm so happy to see this monster is going to Court today. Justice for all of his victims.

 

[borndem]

Thanks (again! ) borndem!
Yes, this DP will definitely delay this trial....

I'm wondering if they are going to combine all 3 cases together since they all are supposed to be heard on 7/23? I hope so - make my notes smaller! LOL!

bbm
Combining the cases into one trial is what is routinely done in nearly all cases in North Carolina.
A case like this will probably take a couple of weeks for jury selection, and about 3--5 weeks of court testimony time. And yes, the defensive team will request, and likely get extra time for DP prep and tactics before the trial is scheduled.

 

[Lillymac]

I'm so happy to see this monster is going to Court today. Justice for all of his victims.

What time is court? Will it be carried live anywhere?

 

[Niner]

What time is court? Will it be carried live anywhere?

On the court site it just says "AM Session". So no definite time....

 

[Lillymac]

On the court site it just says "AM Session". So no definite time....

Thanks!!

 

[Niner]

@PommyMommy - maybe too soon to ask if there are any new court dates?

And if there is any news on what happened at the court hearing?

TIA!

 

[PommyMommy]

@PommyMommy - maybe too soon to ask if there are any new court dates?

And if there is any news on what happened at the court hearing?

TIA!

I haven't seen anything in MSM and this is the only case that comes up for me. @borndem, are you able to pull up Hania's case?

Case Number: 18CR055491
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 10/08/2019
Session: AM
Court Room: 003A
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]

Thanks PommyMommy! I'll wait & see if Borndem comes up with the other 2 charges.

edited to add: I have Hania's case coming up on 9/5, but just need the time. So I just need case #18CR0001998 for 1st degree rape & burglary.

 

[Niner]

@PommyMommy - wondering if you have found case #18CR0001998 for the rape & burglary charges next court date?

TIA!

 

[PommyMommy]

@PommyMommy - wondering if you have found case #18CR0001998 for the rape & burglary charges next court date?

TIA!

No, and I just tried searching by case number, name, all counties, both district and superior courts, you name it. The only case I can pull up is 18CR055491. Sorry, Niner.

 

[Niner]

Thank you for checking for me PommyMommy!

 

[Seattle1]

Thanks PommyMommy! I'll wait & see if Borndem comes up with the other 2 charges.

edited to add: I have Hania's case coming up on 9/5, but just need the time. So I just need case #18CR0001998 for 1st degree rape & burglary.

I imagine that court will merge the prior charges against him as they don't like transporting inmates. This case still infuriates me that he was walking around free on a technical error by others.

 

[Niner]

Thursday, Sept. 5th:
*Status 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 (11/13/18), charged (5/14/19) & indicted (additional charges 5/17/19) 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. DA will seek DP. Lumberton/Robeson County Hania’s Case #s 18CR056670-79 asked
*Charged (12/10/18) & indicted (1/7/19) with 1st degree rape & 1st degree burglary. $5M bond. Revoked (12/10/18).
2016 rape case Case #18CR0001998
*Charged (10/15/18) & arrested (11/13/18) with 2nd degree kidnapping, possession of a firearm by felony & attempted robbery with dangerous weapon. (10/15/18 kidnapping case in Fairmont). $2.5M bond.
2018 kidnapping #18CR055491 Robeson County
Court information from 12/7/18 thru 6/7/19 reference post #26 here:Found Deceased - NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* - #5
7/23/19 Update: Status hearing on kidnapping, Hania & rape case. Hearing on Hania’s case on 9/5. Kidnapping case on 10/8 am session. Rape case has no hearing set as of 8/18/19.

 

[Seattle1]

I recall the defendant was in jail under unrelated charges before charged with offenses against Hania.

His incarceration record is odd to me. He's allegedly housed in Central Prison, and appears to be moved often -- but it's not public information other than to say his last movement was 6/6/19.

Also, incarceration only reflects his parole violation (i.e., the unrelated charge) for 7/6/17 felony B&E; and 7/6/17 Larceny of Motor Veh (charge consolidated for judgement).

Offenses from 2000, 2004, and 2005 also appear here on incarceration record but not his offenses against Hania.

Any idea why?

Death penalty related?

I hate that he gets protection and privacy.

NC DPS Offender Public Information

 

[PommyMommy]

I recall the defendant was in jail under unrelated charges before charged with offenses against Hania.

His incarceration record is odd to me. He's allegedly housed in Central Prison, and appears to be moved often -- but it's not public information other than to say his last movement was 6/6/19.

Also, incarceration only reflects his parole violation (i.e., the unrelated charge) for 7/6/17 felony B&E; and 7/6/17 Larceny of Motor Veh (charge consolidated for judgement).

Offenses from 2000, 2004, and 2005 also appear here on incarceration record but not his offenses against Hania.

Any idea why?

Death penalty related?

I hate that he gets protection and privacy.

NC DPS Offender Public Information

When he's convicted and sentenced, it will appear there. MOO