SC - Heather Elvis, 20, Myrtle Beach, 18 Dec 2013 #26***ARREST**

[Momoffourboys]

Something I'm wondering...if the charges are kidnapping and murder. Doesn't that imply HRE was moved somewhere? So, if LE thinks she went to PTL on her own, and was murdered there, would the kidnapping be moving her somewhere else? Can you be kidnapped after you're deceased? Maybe it's not even that important in the big picture. Just trying to make sense of it.

Sorry if this has been already discussed. Can't keep up with these threads when they go fast and I have to go to work

I asked the same question. Specifically, if hiding a murder victim can lead to a kidnapping charge. I don't remember who but someone said no.

eta: i think it may have been Madeline74??

 

[nosysw]

As I understood it, LE said both charges occurred at PTL, or were tied to PTL. So it's possible she was murdered there. Kidnapping can just be holding someone against their will (such as in a car) and keeping them from leaving. That was my understanding, I know some have posted the defined law on the thread before.

I do understand the confining part. But, I guess that implies time has to elapse before the murder(?) Because, then wouldn't everyone who is murdered also have been kidnapped, kwim? I'm pretty sure no one wants to stay and be killed, so by preventing them from leaving, I would think that would make them kidnapped, if that makes sense. Unless there is a time frame involved which involves confining/preventing from leaving, for a defined period of time, before being killed(?).

I think it's time to have a glass of wine.

Or two...

 

[EireK]

I do understand the confining part. But, I guess that implies time has to elapse before the murder(?) Because, then wouldn't everyone who is murdered also have been kidnapped, kwim? I'm pretty sure no one wants to stay and be killed, so by preventing them from leaving, I would think that would make them kidnapped, if that makes sense. Unless there is a time frame involved which involves confining/preventing from leaving, for a defined period of time, before being killed(?).

I think it's time to have a glass of wine.

Or two...

This is true, I didn't think of it that way. I'm not sure what the parameters would be. Luckily my SO is a lawyer. I'll ask him.

 

[MommyPlatt]

This is true, I didn't think of it that way. I'm not sure what the parameters would be. Luckily my SO is a lawyer. I'll ask him.

By charging them with kidnapping (which could have meant just preventing her from leaving) it provides an aggravating factor which is required in SC in order to seek the DP.

 

[Salem]

Right now the Moorers on Trial link is not allowed. We are reviewing the site and it may, or may not, be allowed at a future date.

Thanks,

Salem

 

[EireK]

By charging them with kidnapping (which could have meant just preventing her from leaving) it provides an aggravating factor which is required in SC in order to seek the DP.

That is exactly the answer he gave me, it provides an aggravating factor.

 

[SStarr33]

By charging them with kidnapping (which could have meant just preventing her from leaving) it provides an aggravating factor which is required in SC in order to seek the DP.

Which is why I don't understand why they would say the DP is off the table.

 

[nosysw]

That is exactly the answer he gave me, it provides an aggravating factor.

But why wouldn't every single person who is murdered also have been kidnapped? :waitasec: I'm missing something.

 

[EireK]

Which is why I don't understand why they would say the DP is off the table.

One reason I got was that it is hard to get a DP conviction when the (or on of the) accused is a woman. Even though I think she is sadistic enough in this case, to get no pity.

 

[jillycat]

Something I'm wondering...if the charges are kidnapping and murder. Doesn't that imply HRE was moved somewhere? So, if LE thinks she went to PTL on her own, and was murdered there, would the kidnapping be moving her somewhere else? Can you be kidnapped after you're deceased? Maybe it's not even that important in the big picture. Just trying to make sense of it.

Sorry if this has been already discussed. Can't keep up with these threads when they go fast and I have to go to work

Kidnapping charges hinge on preventing a person from exercising their will, be it through confinement, terrorizing, moving, etc. States have varying definitions, but they pertain to live persons. You can move a body, desecrate a body, steal a body or rob a grave, but the deceased have no will to exercise.

 

[jeandrews]

It may seem strange that I said it seemed calm compared to yesterday but something was telling me to slow down and take it all in. I took pics on top of pics and videos. I walked up and around where that section of trailers is at, I walked the edge up onto the main road with a stick, moving leaves and plant life in the water just to get a peek everywhere I could. I even moved rocks, thinking that maybe just maybe something was hidden under a rock. You know like if you hide a spare house key. Just looking for anything.

When I went down there last Saturday with my metal detector, I combed the whole right side - where Heather's car was parked - all the way to the entrance. I did not comb the memorial - I didn't want to disturb it. I also combed a little toward the boat launch but I didn't comb the trailer park side. Thank you for doing that.

 

[Momoffourboys]

Kidnapping charges hinge on preventing a person from exercising their will, be it through confinement, terrorizing, moving, etc. States have varying definitions, but they pertain to live persons. You can move a body, desecrate a body, steal a body or rob a grave, but the deceased have no will to exercise.

Thank you for explaining. It makes sense.

 

[EireK]

One reason I got was that it is hard to get a DP conviction when the (or on of the) accused is a woman. Even though I think she is sadistic enough in this case, to get no pity.

I'm quoting myself because I want to add: They can still decided to make it a DP case. The state has that right up until trial starts. It will just depend on what may change from now until then evidence wise.

 

[floridamomma]

http://www.wctv.tv/home/headlines/E...SU-Student-Murder-244409071.html?device=phone

if this guy gets death, tm at minimum should. IMO.
(not belittling Vincents death at all.... but his murderer didn't taunt his family!)

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[nosysw]

Kidnapping charges hinge on preventing a person from exercising their will, be it through confinement, terrorizing, moving, etc. States have varying definitions, but they pertain to live persons. You can move a body, desecrate a body, steal a body or rob a grave, but the deceased have no will to exercise.

Thank you for answering the part clarifying that a deceased person cannot be kidnapped. I'm still confused about how every single person who is murdered is not kidnapped by definition- as they are being murdered, they are not exercising their free will and are being detained, kwim?

This isn't pointed at you, but the definition, which I have looked up but am still confused about.

 

[ATasteOfHoney]

I'm quoting myself because I want to add: They can still decided to make it a DP case. The state has that right up until trial starts. It will just depend on what may change from now until then evidence wise.

And I truly believe at some point, it will be a DP case.

And then we'll see which one of the Mo*rer's will talk for a reduced sentence like LWOP???

Honey's odds: 3-to-2 it is SM (he's the "house favorite").

:floorlaugh:

 

[CHERIE.T]

But why wouldn't every single person who is murdered also have been kidnapped? :waitasec: I'm missing something.

what about murdered but not moved?

 

[jeandrews]

I'm quoting myself because I want to add: They can still decided to make it a DP case. The state has that right up until trial starts. It will just depend on what may change from now until then evidence wise.

They may decide to pursue DP after the discovery phase. A LOT will be coming out during that time and I hope we get some pre-trial glimpses of it.

 

[LookingForClues]

I seem to recall that LE searched the Moorer residence shortly after HE's disappearance. Did they remove a vehicle at that time? News reports talk about 2 vehicles being removed on the "big day" they served warrants late last month, but one vehicle was SM's and one was TM's dad's, and it seems like no one knows what vehicle is TM's. Was her's removed earlier?

On another note, news reports said the camper was searched on the "big day," but since JusticeForHeather took photos yesterday of it at their property, I guess they didn't find anything to make them haul it away. There goes one of my theories about how the Ms may have moved HE.

 

[Freespirit34]

Which is why I don't understand why they would say the DP is off the table.

[modsnip]. Think of all the trauma for them.


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