NC - Kathy Taft, 62, Raleigh, 6 March 2010 - #4

[hannie]

JTF - this is the NC Statute on burglary. Just still curious as to why JW wasn't charged with it. Anyone have any ideas?

Burglary can be charged as first or second degree. A person can be convicted of burglary if they break and enter a house, without the consent of the owner, at night, with the intent to commit a felony. The term ‘break’ requires the accused to make some kind of opening to obtain entry. The only difference between first and second degree is that the charge of first degree requires that a person be present somewhere in the dwelling at the time of the offense. If no occupant is present, the charge is second degree. Burglary in the first degree is a Class D felony and burglary in the second degree is punishable as a Class G felony

 

[laces]

Timeline

March 5
______
Kathy has surgery.

4:30 p.m. (Estimated)
Dina goes to get dinner and locks her keys in the car. Walks home.

9 p.m.
Dina and Kathy watch movie together.

11 p.m.
Kathy goes to bed. Dina falls asleep on the couch.

March 6
3 a.m.
Dina hears footsteps. Opens door and turns on outside lights, calls to see if anyone is in yard. Listens in on Diena; hears snoring and thinks all is okay. Locks door and goes upstairs to bed.

9:31 a.m.
Dina finds Kathy and calls 911.

Good timeline, but when does the second visit to HT occur in there?

 

[Noway]

I don't know that Dina made a second visit, only that two receipts from HT were taken from the house.

ETA
~snipped from JTF's post quoted above~

1- D did not leave the house and go to a bar (she believes her, + that could be easily traced).

If we take those words literally, it is possible she left again to go to the grocery store.

 

[katsmom]

Morning ruben.
I went back and looked at the e-mail I received earlier and it had the same account..."she checked on Kathy". I would have to assume she opened the door to check and heard her, thinking she was 'snoring'. Since she said that she was making a noise like snoring to 911 later, makes sense.

I can't make it to the arraignment today. He will walk in shackled and in orange stripes. The judge will read the charges and he will be asked about an attorney. He may then ask for paperwork to get a public defender?

I lost track of the bi-weekly grand jury schedule (Monday and Tues).
The DA will be getting the official GJ indictment, perhaps this am if they are in session?

I remember several accounts saying she put her ear to the door and that was how she checked on KT. It's many threads ago - so I didn't go back and pull it -- but do remember the ear-to-door verbiage.

 

[Just the Fax]

hattie, how do the cops know what his original 'intent' was?
He ended up raping and killing the occupant, but was that why he was there?
Unless he stole items from the home, simply entering the home would not necessarily be "felony burglary"....imo

In the scheme of things, it does not really mean anything does it?

BTW, it seems apparent D did not 'invite' JW in the home. The crime was labeled 'random' by the cops. Therefore, KY was not raped and killed by an invited guest in the home.

§ 14‑54. Breaking or entering buildings generally.
(a) Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.
(b) Any person who wrongfully breaks or enters any building is guilty of a Class 1 misdemeanor.

 

[Just the Fax]

I remember several accounts saying she put her ear to the door and that was how she checked on KT. It's many threads ago - so I didn't go back and pull it -- but do remember the ear-to-door verbiage.

katsmom...good memory.
No need, I was the one that posted that based on a early rumor I heard.
I then corrected it when I received an e-mail from a very close friend that said
"DH 'checked on' KT".

 

[Just the Fax]

I don't know that Dina made a second visit, only that two receipts from HT were taken from the house.

ETA
~snipped from JTF's post quoted above~

1- D did not leave the house and go to a bar (she believes her, + that could be easily traced).

If we take those words literally, it is possible she left again to go to the grocery store.

Who knows, maybe she did run back for beer or something she forgot for dinner?
In any event, they closed at 11PM, so it seems harmless.

 

[CocoChanel]

katsmom...good memory.
No need, I was the one that posted that based on a early rumor I heard.
I then corrected it when I received an e-mail from a very close friend that said
"DH 'checked on' KT".

JTF - Please forgive me for asking if the answer has been stated somewhere in the thousands of posts on this topic:

Are you in contact with someone with inside knowledge of the details of this crime?

 

[Just the Fax]

JTF - Please forgive me for asking if the answer has been stated somewhere in the thousands of posts on this topic:

Are you in contact with someone with inside knowledge of the details of this crime?

No. I live in Raleigh and heard many rumors, mainly from sources in Greenville.
However, I did get an e-mail forwarded to me from a very close family friend of the Taft family. Some of the 'details' I refer to were taken from this early e-mail.
Most have been confirmed by media accounts...locking keys in car at HT, hearing a noise in the night and checking on KT, ect.

 

[zelmajane]

The rumored details of the crime are flat out disturbing.

I was sitting beside at good friend of JG at the bar the other night when I was told someone had been arrested.

As for the suspect JW, here is his previous record. http://webapps6.doc.state.nc.us/opi/viewoffender.do?method=view&offenderID=0599876&searchLastName=Williford&searchFirstName=Jason&listurl=pagelistoffendersearchresults&listpage=1

He was already a felon. That makes the punishment more severe than it would have been otherwise. Which is good.

Glad he has been caught. I feel bad for her family. Maybe they can start to heal.

 

[Noway]

JTF, do you have a time of the first visit to HT?

For some reason 4:30 p.m. was in my mind (4:30-6) but I don't know why.

 

[Just the Fax]

JTF, do you have a time of the first visit to HT?

For some reason 4:30 p.m. was in my mind (4:30-6) but I don't know why.

I have not seen confirmation anywhere.
My source said "afternoon" to get things for dinner.

 

[Noway]

I have not seen confirmation anywhere.
My source said "afternoon" to get things for dinner.

LOL
I must have interpreted that as 4:30 p.m., which is the time I usually start getting dinner ready.

 

[cluciano63]

This arrest and apparent resolution of this crime has me speechless...I will no longer assume anything...(I say that now...)

 

[jmt707]

I just can't wrap my head around the fact that a convicted thief got into someone's house, did what he did and left without taking something. I don't know why he hasn't been charged with burglary, but it just doesn't seem right that he didn't take something. Obviously, it wouldn't be something big. Maybe it was a ring or something that DH might not be aware that KT had with her. Or it was something that belonged to the homeowner. JW must have stumbled with something like trying to use a pawn shop and got caught.

 

[Just the Fax]

We may find out he took something when we see the inventory from the SW on his apt, executed after he was arrested.

 

[unravelingthemystery]

Well I think the fact that LE has not released any specific information from D is absolutely brilliant & what is clear here is that all we can do is speculate or try to ourselves fit missing pieces to the puzzle. in fact, the timeline which is unknown to all but LE,D,&perp- which LE undoubtedly has from D would be able to pinpoint the location of the perp in an exact timeline during those specific hours- & wife/girlfriend family or friends possibly would not be able as easily to create fictitious alibis of perp's whereabouts that eve to cover him.

as I see it, we are only able to speculate the obvious - so really everything other than what we know as fact is purely speculation. WE do not even know as fact as to even whether D went to HT 1x, 2x's, or GG 1x, 2x's. I think someone wrote days ago that she was seen at GG, but once again that is purely rumor. we do not even hold the info exactly as to when D listened to the snoring or heard the footprints. we dont even know if perp has or has not taken anything from JG home, so perp may not even be charged ...yet until more info is forthcoming or investigated. could be a tactic of LE. we do not even know what is in the SW from perps home. So I guess we are pretty much out of luck until LE begins to show their hand as to why they arrested the perp w such clarity & such positive force. It is obvious by the fact that all of perp's social blogs disappeared that someone in family is watching out for perp & watching his back. so where do we go from here. I guess wait until the info begins to be reported as fact by LE. but it sure has been interesting trying to figure it out. it is kind of like reading a whodonit suspense novel & trying to figure it out before getting to the end--darn hate this suspense!!!!

 

[pinkorchid]

Maybe LE took the facebook and other sites down. After all, a person can look at the time of postings to find when JW was using the computer. And I"m sure his computer was confiscated. One article said LE spent the night at his apartment searching for items, etc.

 

[hannie]

JTF...You continue to miss the point. You do not need to steal something for a burglary to have been committed. That is a common misnomer. He entered the premises and committed multiple felonies.

The comparison by another member regarding a cancer diagnosis and pink eye shows a lack of knowledge of the law. When a criminal is arrested you charge him/her with all crimes committed hence the assault, rape and murder charges. B&E is a separate thing (a misdemeanor). Burglary is a felony. JW committed burglary by entering that house and committing the other crimes.

LE charge an individual with all crimes committed - not just the most serious. Trust me on this. I have been a LE officer for 24 years. There is some other reason he was not charged with Burglary.

 

[Just the Fax]

This May 2008 order by Judge Stephens, requires a SW to returned to the clerk and available for the public "as soon as practicable" .If sealed, there must be a motion filed with the court.
http://www.wral.com/asset/news/loca...,_administrative_order_on_search_warrants.pdf

The apartment SW was executed Friday 4-16-10. RPD should have returned it to the clerk this am. Sounds like they may be asking a judge this afternoon to seal it?