Found Deceased NC - Mariah Woods, 3, Onslow County, 27 Nov 2017 #9 *Arrest*

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Hello all,

RAISINISBACK said:
That bothers me too. Here we are almost a week past when the SO said the autopsy would be finished, but no murder charges for anyone.

Could it be the coroner did not find evidence of murder? Could it be that there was no clear cause of death and they are waiting on TOX results? Could it be that any trauma on the body could not be a clear cut case of intentional harm but could also be viewed by the coroner as accidental? Could the COD have been ruled inconclusive by the coroner?

Just seems so odd that nearly 2 weeks after this child's death all we have is an obstruction of justice and moving a dead body charge.
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kseal07 said:
So still no murder charges, why I wonder.
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Maybe we will all find out tomorrow; maybe they will have additional charges:

*Arraignment Hearing @ 8am (ET) - NC - Mariah Kay Woods (3) (Nov. 27, 2017) - Arrested 12/2/17 - Earl Kimrey (32) BF of Mom charged with Felony concealing a death, obstruction of justice, 2Felony nd degree burglary, felony larceny & Misdemeanor possession of stolen property. Held on $1,010,000 Bond. Additional charges pending. 12/2 update: The arrest warrant for Kimrey indicates that he is accused of stealing two dressers from a home on High Hill Road around that time frame of Mariah's disappearance, between 11p.m. Sunday and 3 a.m. Monday. The warrant charging Kimrey with concealing of death and other charges states that he obstructed justice by "removing Mariah Woods body from the scene of her death and did conceal Mariah Woods death and body, knowing that Mariah Woods died from unnatural causes. The defendant acted with deceit and intent to fraud." The warrant goes on to state that Kimrey "secretly disposed of the dead child's body." Records indicate he is due in court Monday at 8 a.m. Next hearing set for December 18th; bond stays at $1M plus
 
The warrant for EK's arrest states "deceit and intent to defraud"

I can understand intent to deceive, I just want to look in a legal sense at that word defraud, which is to take away someone's property or rights. Who technically owns a body anyone know? Is it the mother, the country? Does the wording of the warrant have to be precise in terms of the law, and the intent alleged factually provable?

If it means her family then it means KW is being treated that she didn't know. She might claim she didn't know but it's not the same thing when it comes to charging EK because then it becomes probable based on the word of someone who they should be exercising caution over, in the circumstances. If she is complicit, and they end up charging her (IF), how do they prove the charge against EK and hold him on it as probable cause?

I would have thought it would be enough to hold him on concealing a death and deceiving LE.
 
Tortoise said:
The warrant for EK's arrest states "deceit and intent to defraud"

I can understand intent to deceive, I just want to look in a legal sense at that word defraud, which is to take away someone's property or rights. Who technically owns a body anyone know? Is it the mother, the country? Does the wording of the warrant have to be precise in terms of the law, and the intent alleged factually provable?

If it means her family then it means KW is being treated that she didn't know. She might claim she didn't know but it's not the same thing when it comes to charging EK because then it becomes probable based on the word of someone who they should be exercising caution over, in the circumstances. If she is complicit, and they end up charging her (IF), how do they prove the charge against EK and hold him on it as probable cause?

I would have thought it would be enough to hold him on concealing a death and deceiving LE.
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Here's the legal definition:

Defraud

To make *advertiser censored*Misrepresentation*of an existing material fact, knowing it to be false or making it recklessly without regard to whether it is true or false, intending for someone to rely on the misrepresentation and under circumstances in which such person does rely on it to his or her damage. To practiceFraud;*to cheat or trick. To deprive a person of property or any interest, estate, or right by fraud, deceit, or artifice.

Intent to defraud*means an intention to deceive another person, and to induce such other person, in reliance upon such deception, to assume, create, transfer, alter, or terminate a right, obligation, or power with reference to property.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

From https://legal-dictionary.thefreedictionary.com/defraud

ETA So my guess is that he is being charged with this in regards to the resources expended by LE and the community in searching for a little girl who was not lost at all. That's where the financial /resources end comes in.

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Can someone explain to me what we might typically expect from this next court appearance?

I could guess more charges or a change in bond, but what if there are no new charges yet or changes to the bond...will they just walk him in and reiterate the previous stuff, maybe set a trial date?

Thanks for enlightening me!
 
sloothseeker said:
Article from the local newspaper where this tragedy occurred. Speaks to Department of Social Services general processes for reported abuse cases.

http://www.jdnews.com/news/20171216/dss-standing-up-for-those-at-immediate-risk-of-immediate-harm
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Wow, great article. Ty for sharing.

From article

"The unverified CPS documents shown to The Daily News involving Mariah and her brothers had a kinship placement. The documents stated that the two boys were taken to their grandmother’s house the day Mariah was reported missing, but that later in the week they were both taken into the custody of CPS.
...
Finding a kinship placement is better for the families, Baur continues. While DSS would never allow a child to be in danger, Baur said kinship placement is a way to keep the child safe without DSS taking custody."
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It does look like Gma had the kids for just a few days. It seemed logical that the kids could be in CPS custody, but Gma's care. However that doesn't appear to be the way it works in their own jargon.

Interesting...back to reading.

ETA: I'm glad the paper at least attempted to answer some of the public's questions about CPS cases and how they can fall through inevitable cracks in an imperfect system.
 
Zelda1010 said:
Can someone explain to me what we might typically expect from this next court appearance?

I could guess more charges or a change in bond, but what if there are no new charges yet or changes to the bond...will they just walk him in and reiterate the previous stuff, maybe set a trial date?

Thanks for enlightening me!
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I have not not seen anything to absolutely say what type of hearing this is scheduled to be however, you usually have the initial bond hearing which has occurred then the arraignment which was the last hearing where the read the cab argues to the defendant and this should be the probable cause hearing. The defendant can choose to wave the probable cause hearing and the prosecution can present evidence to a grand jury, if the grand jury returns a true bill (indictment) then there is no need for the probable cause hearing. If neither of these things occur then the hearing proceeds and the prosecution puts on a mini version of its information, just enough that the judge can rule the is enough probable cause to move on to a trial. The advantage of using the grand jury is that it allows the prosecution to delay giving it’s “playbook” for the case to the defense. Ocassionally the defense can benefit by the evidence not getting to the court of public opinion and potential jurors as quickly. It is a dance of strategy and technicalities.

JMHO
 
Zelda1010 said:
Can someone explain to me what we might typically expect from this next court appearance?

I could guess more charges or a change in bond, but what if there are no new charges yet or changes to the bond...will they just walk him in and reiterate the previous stuff, maybe set a trial date?

Thanks for enlightening me!
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I expect the date (2 weeks) was set to give the state time to get its case in order and come back with a pre-trial timetable, to schedule disclosure to the defence within a set timescale, all in keeping with defendant's rights.
 
Thank you Tortoise & Grouchymom for your simultaneous useful information about arraignment and pre-trial. Much appreciated.
 
moonlessnight said:
is it known for sure she was at the bottom of a creek? I had also heard in a shallow creek bed (NG).
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NG reckoned it must have been deep water for the Fayetteville PD dive team to be used.
 
Checking in for little Mariah. Hoping LE is making progress in pursuit of justice for this little one.
 
Just a reminder - EK in court this morning at 8am ET.

:judge:
 
Hopefully we learn a bit more from this mornings arraignment. I was hoping to hear of another arrest by now.
 
DAnthrplgst said:
I thought court didn't start until 9am? That's when it began at his last appearance.
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Sorry, gotta piggy back off this post. I was right, court doesn't start until 9:00AM. I checked the court calender and there are A LOT of people ahead of EK. In fact, EK is the listed as the 88th case to be heard. There was nothing on the court calender charge wise that has changed, still all the same charges.

Hope this helps.
 
DAnthrplgst said:
Sorry, gotta piggy back off this post. I was right, court doesn't start until 9:00AM. I checked the court calender and there are A LOT of people ahead of EK. In fact, EK is the listed as the 88th case to be heard. There was nothing on the court calender charge wise that has changed, still all the same charges.

Hope this helps.
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Do you know if the hearing will be broadcast?

Sent from my SM-S727VL using Tapatalk
 
DAnthrplgst said:
Sorry, gotta piggy back off this post. I was right, court doesn't start until 9:00AM. I checked the court calender and there are A LOT of people ahead of EK. In fact, EK is the listed as the 88th case to be heard. There was nothing on the court calender charge wise that has changed, still all the same charges.

Hope this helps.
Click to expand...

Holy cow, that seems like a lot. Is that normal? Would he possibly be bumped back, then? I don't see how they could get through 88 cases in an eight hour day. Or do they have another 100 cases on the docket for tomorrow too? Sheesh.
 
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