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

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Just saw this on McLellan on the docket. Note the BBM dates. They are in Superior Court, but I can't find his name on the individual Superior Court charts that would normally list his name and other particulars -- it's the detail of what's going on in which courtroom.
The Sup. Court date list is there but not for the courtroom number (002A, see below in chart) where his cases are assigned to be convened. Odd. The only Sup. Courtroom that is in use, AFAICT, is for Parole Violations. Don't know if the bad weather they had in Robeson County affected the Court schedules or not. They did have some flooding and winds down there.

Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS001998
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056270
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056271
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056272
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056273
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056274
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056275
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056276
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056277
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056278
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056279
 
borndem said:
Just saw this on McLellan on the docket. Note the BBM dates. They are in Superior Court, but I can't find his name on the individual Superior Court charts that would normally list his name and other particulars -- it's the detail of what's going on in which courtroom.
The Sup. Court date list is there but not for the courtroom number (002A, see below in chart) where his cases are assigned to be convened. Odd. The only Sup. Courtroom that is in use, AFAICT, is for Parole Violations. Don't know if the bad weather they had in Robeson County affected the Court schedules or not. They did have some flooding and winds down there.

Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS001998
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056270
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056271
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056272
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056273
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056274
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056275
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056276
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056277
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056278
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056279
Click to expand...


Thanks @borndem! Did you search in Robeson County?

I couldn't find anything for Sep 5, 2019 hearing as the only calendar available in this county on 9/5/ 19 was Lumberton District Court, AM - Room 003C.

I think I've convinced myself that DP case has something to do with his schedule!

Glad you and Niner have it figured out. ;)

Calendars / Criminal Calendars
 
Gardener1850 said:
...
At around 7 a.m., Hania’s cousin Kimberly looked out the window of her trailer and saw a man in dark clothing and a yellow bandanna grab 13-year-old Hania from the yard, stuff her into her family’s idling Ford Expedition and drive away as she screamed.

RSBM

I’ve been away from this case for a while now, but just reading that first paragraph of Gardener’s article brought back the horror of that day when Hania was abducted. I remember being glued to my iPad as we all waited for updates. So many of us prayed for a positive ending that sadly wasn’t to come. Beautiful Hania.[/QUOTE]

ETA not sure how I messed up this quote. Sorry!
Click to expand...
 
borndem said:
Just saw this on McLellan on the docket. Note the BBM dates. They are in Superior Court, but I can't find his name on the individual Superior Court charts that would normally list his name and other particulars -- it's the detail of what's going on in which courtroom.
The Sup. Court date list is there but not for the courtroom number (002A, see below in chart) where his cases are assigned to be convened. Odd. The only Sup. Courtroom that is in use, AFAICT, is for Parole Violations. Don't know if the bad weather they had in Robeson County affected the Court schedules or not. They did have some flooding and winds down there.

Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS001998
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056270
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056271
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056272
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056273
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056274
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056275
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056276
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056277
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056278
Superior MCLELLAN,MICHAEL 08/03 09/09/2019 002A AM 18CRS056279
Click to expand...
Glad to see him in court. It still saddens me that this animal was on the street that morning. Hania should be alive and in school!
 
Gardener1850 said:
...
At around 7 a.m., Hania’s cousin Kimberly looked out the window of her trailer and saw a man in dark clothing and a yellow bandanna grab 13-year-old Hania from the yard, stuff her into her family’s idling Ford Expedition and drive away as she screamed.

Twenty-two days later, investigators found the eighth-grader’s body in a Robeson County swamp 11 miles away. She had been raped and most likely asphyxiated.

The crimes launched a massive manhunt led by the FBI, sending hundreds of investigators after a killer dressed in black. On Dec. 8, they charged Michael McLellan, a 34-year-old ex-convict from nearby Fairmont.

But as she mourns her daughter’s killing, Hania’s mother Celsa Hernandez is forced to consider a harsher truth: It might have been prevented.

“If this man did crimes before, I don’t see the reason why he’s free,” Celsa Hernandez told a News & Observer reporter in Spanish. “I don’t understand.”

Three separate law enforcement agencies had the power to arrest and detain McLellan for a crimes committed weeks before Hania’s abduction. Had they followed up, he could have been behind bars on Nov. 5 rather than walking to Hania’s yard in the Rosewood Mobile Home Park.

In September 2017, more than a year before Hania’s abduction, the Robeson County Sheriff’s Office received evidence from the state crime lab connecting McLellan’s DNA to a 2016 rape case. No one acted on that evidence until December 2018, after Hania had been found dead.

On Oct. 16, three weeks before Hania’s kidnapping, police in the neighboring town of Fairmont put out a warrant for McLellan’s arrest, accusing him of attempted robbery and second-degree kidnapping in a carjacking gone wrong. That warrant went unserved until Nov. 13, eight days after Hania disappeared.

And on Oct. 17, the state’s Post-Release Supervision and Parole Commission issued a second warrant for McLellan’s arrest, noting he had violated the terms of his recent release from prison. Nothing happened until Nov. 13, while pleas from Hania’s mother grew increasingly desperate.

The failure to arrest McLellan prior to the slaying of a 13-year-old represents a breakdown in the criminal justice system that few working within it are willing to explain or discuss.

Read more here: A wanted man remained free. A girl was murdered. How the system failed Hania Aguilar.
Click to expand...

OMG I’m just catching up on this case. The video at this link was done so well & captured the horror of this tragedy. My heart broke when I heard the child screaming in the background of the 911 call.

Hania’s murder should never have happened and there is no excuse for all the mistakes made by LE. Watching her mother’s stoic presence thru all this had me in tears. She was so strong thru that awful, horrible time and I pray for her and Hania’s family. So very sad.
 
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Seattle1 said:
Thanks @borndem! Did you search in Robeson County?

I couldn't find anything for Sep 5, 2019 hearing as the only calendar available in this county on 9/5/ 19 was Lumberton District Court, AM - Room 003C.

I think I've convinced myself that DP case has something to do with his schedule!

Glad you and Niner have it figured out. ;)

Calendars / Criminal Calendars
Click to expand...
bbm
Yes, that is the county where the crime occurred, and that is where the trial will be, barring any venue change, etc., so there is no reason to check any other county in NC -- he "belongs" to Robeson County (STS).
That's also my home county. I grew up there, quite a while back, and it was a nice little town in which to grow up. I left for college and only visited my folks and my friends. Now that my friends are elsewhere, and my parents have passed away, I don't go back. Now it is a very poor and crime-ridden place, much like so many other small- to medium-sized towns where employment has declined quite a lot.
In NC, each county has its own crime and justice facilities -- LE, jail, and justice dept including the Courts. If a crime occurs within a city's limits, that city's LE also has a part in the investigation, along with the County Sheriff's office.

We'll see what tomorrow's docket says -- 09/09/19 is the date where all his various offenses are listed to be in Superior Courtroom 002A which is not listed at all on the docket. Dunno. It's quite unusual, IMO. :rolleyes:
:)
 
Last edited:
PommyMommy said:
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.

[...]
Click to expand...
I hope they really want to seek the death penalty for this *I don't know how to call this living thing* because if this criminal does not deserve to be sentenced to death I don't really know what's the reason why North Carolina has the capital punishment in its books....
 
Monday, Sept. 9th:
*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 (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 #18CR0001998
9/9/19 Update: Hearing on 9/9/.
*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.
 
Hey @borndem - Mans draugs
animated-smileys-waving-003.gif


To early to ask for an update? on 2016 rape case & Hania's. TIA! :)
 
Niner said:
Hey @borndem - Mans draugs
animated-smileys-waving-003.gif


To early to ask for an update? on 2016 rape case & Hania's. TIA! :)
Click to expand...

Nothing in Superior Court for McLellan, so they must have postponed what we saw a few days ago...but we do have something in District Court for him.
Below is his info as of today.

Sorry to be dense, but who is the "2016 Rape Case?"

District and Superior Courts of ROBESON County
Listing: 1 - 2 09/13/2019

searchagain.gif

Court ..........Defendant......Date of Birth....Court Date
Court Room..Session..Case Number Citation Number
Number

District...MCLELLAN,MICHAEL 08/03........... 10/08/2019
003A .................AM..............18CR055491
========================================
 
borndem said:
Nothing in Superior Court for McLellan, so they must have postponed what we saw a few days ago...but we do have something in District Court for him.
Below is his info as of today.

Sorry to be dense, but who is the "2016 Rape Case?"

District and Superior Courts of ROBESON County
Listing: 1 - 2 09/13/2019

searchagain.gif

Court ..........Defendant......Date of Birth....Court Date
Court Room..Session..Case Number Citation Number
Number

District...MCLELLAN,MICHAEL 08/03........... 10/08/2019
003A .................AM..............18CR055491
========================================
Click to expand...

Okay - that one above 18CR055491 is the 2nd degree kidnapping, possession of a firearm & robbery, which I have as the 2018 kidnapping. I have that date already. :) But thanks!

the 2016 rape charge is case #18CR00001998 - also Robeson county. No name is mention on that one. Just 1st degree rape & 1st degree burglary charges. Last hearing on 8/8/19.

and Hania's case # is 18CR055670-79 last hearing on 9/5.
 
Well now, here's what the NC Courts System dragged in:
Court. Defendant...Date of Birth Court Date Court Room Session Case
Number Citation
Number

District MCLELLAN,MICHAEL 08/03 10/08/2019 003A AM 18CR055491
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS001998
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS056270
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS056271
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS056272
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS056273
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS056274
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS056275
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS056276
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS056277
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS056278
Superior MCLELLAN,MICHAEL 08/03 10/07/2019 002A AM 18CRS056279

Detail on the Dates has not been posted yet. I will keep checking.
 
Last edited:
McLellan is on one court docket for 10/08/19 - the info doesn't say much, and of course his name is listed with many other people who have that same date. My friend who is a court judge here in Raleigh said, when I asked her about those long lists, that the court can deal with a lot of those folks with just a sentence or two, i.e., "remanded for hearing on whatever date," etc.
Any way there's a link below, and look for Courtroom 003A -- he appears on the list on page 4, and again on page 21. Nothing of any real value.
His other court date, 10/07/19, is on the docket, but the courtroom number is not on that date list yet -- that's the one with the big number of offenses.
So we wait.
Again.

Calendars / Criminal Calendars
 
borndem said:
McLellan is on one court docket for 10/08/19 - the info doesn't say much, and of course his name is listed with many other people who have that same date. My friend who is a court judge here in Raleigh said, when I asked her about those long lists, that the court can deal with a lot of those folks with just a sentence or two, i.e., "remanded for hearing on whatever date," etc.
Any way there's a link below, and look for Courtroom 003A -- he appears on the list on page 4, and again on page 21. Nothing of any real value.
His other court date, 10/07/19, is on the docket, but the courtroom number is not on that date list yet -- that's the one with the big number of offenses.
So we wait.
Again.

Calendars / Criminal Calendars
Click to expand...
Thank you, borndem! :)
 
Thank you borndem! Much appreciated! :)

re your post #56 - can't access that site.... :mad:

edited again - is there anything there for case #18CR056670-79 ?
 
Last edited:
Niner said:
Thank you borndem! Much appreciated! :)

re your post #56 - can't access that site.... :mad:

edited again - is there anything there for case #18CR056670-79 ?
Click to expand...
You're welcome, Niner!

I did not find anything for #18CR056670-79. It may be too soon to look for it, but who knoze?

And no additional info on the docket for the McLellan case which has several offenses listed for Monday the 7th in courtroom 002A -- Monday morning. Odd, but I guess each county does it their way.
We'll need to check to see if anything is going on there on Monday the 7th, and Tuesday the 8th. :confused:
 
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