Found Deceased NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 #4 *Arrest*

[Hatfield]

hmmm...released from prison in Feb of 2016 and now facing charges for a 2016 rape. Arent felons required to have DNA sample on file with DOC or DPS. Travesty all the way around! I hope a legit crime reporter digs into and sorts out all this.

That was my question too. Surely they had their chance to get his DNA before now with all his priors and so why in the world was he not already connected to that 2016 rape and charges filed before now for that rape?

A travesty is right.

 

[UKslueth2018]

Rest in peace sweet girl... Sorry the system failed you.. I hope he pays for what he did...

 

[borndem]

DA Britt - “When the car was found and the car was processed, that’s when he became a suspect”

Kylie Jones WWAY on Twitter

“If I were the DA, I would seek the death penalty in this case” @WWAY

Kylie Jones WWAY on Twitter

Britt GUESSES Hania was dead from the day she was kidnapped

Kylie Jones WWAY on Twitter

rbm
The only thing one can get for a TOD after the body has undergone and released rigor, or if the ambient temperature is extreme, or if there is a lack of insect infestation due to being in water, etc. is indeed an educated best-guess calculation/determination. Certainly there is a definite science to it, but after a few days have passed, the science of it gets to be less and less exact.

I found this article interesting -- I knew it was complicated with thermometers and insects, etc., but I didn't know that TOD calculation was as complicated and almost a "best guess" situation as it is. I've posted only a few snips and snaps in this lengthy but very interesting article:
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Determining Time of Death

February 15, 2015 Podcast 01:05:57

Defining Time of Death
There are several times of death. Let me repeat that—there are several times of death. Time of death seems to be a simple and straightforward term that obviously means the exact time that the victim drew his last breath. Unfortunately, it’s not quite that simple.

There are actually three different times of death:
[due to length here, I did not bring it forward]

The only absolutely accurate determination of the time of death is the uncommon circumstance in which a person died with a physician or other skilled medical professional present.
[...]
Unfortunately, none of these have proven to be any more accurate than the current formula for heat loss of 1.5 degree per hour.

The formula is:

Hours since death = 98.6 – corpse core temperature / 1.5

The sooner after death the body is found, the more accurately time of death can be assessed by this method. Once the body reaches ambient temperature, all bets are off. But even if done correctly and soon after death, body temperature determination is subject to several sources of inaccuracy.
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Determining Time of Death
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[singlemom]

Well I guess that's that. No serial killer or connection to other 3 dead women! (Sarcasm)

If you look at the very end of this video, you will see where WRAL doesn't know whether or not to believe the authorities when they say that MM is not a suspect in the other 3 deaths. Hania Aguilar murder suspect will be held in Raleigh :: WRAL.com

 

[jjenny]

That was my question too. Surely they had their chance to get his DNA before now with all his priors and so why in the world was he not already connected to that 2016 rape and charges filed before now for that rape?

A travesty is right.

My guess is they didn't run DNA from the rape kit through the data base? There is a back log on the rape kits, but for them to link him to the 2016 rape quickly, they had to have processed the rape kit at some point in the past. It is a travesty because has he been caught for that rape, Hania might have still been alive today.

 

[jjenny]

Because clearly that rape kit hadn't been processed yet.

They must have processed it at some point, otherwise they still wouldn't have known.

 

[OTPTarheel2018]

State Crime Lab

DNA can be expunged in NC.

 

[Steelslady]

I shudder and shed tears at the thoughts of this beautiful and sweet teen being kidnapped, raped, and killed by this monster. For simply going out to her aunt's vehicle to start a car- I have expletives I so badly want to use- she was innocent, getting ready to go to school, ready to start her day! She should be with her friends talking about the latest music/movies/shows on TV, making plans with family and friends during the holiday season, entering the world of womanhood. I am so angry this poor sweetie's life was snuffed out like this, and I get so upset at the hell and torture she went through just before she died. I am having such a hard time posting and reading this thread now. Hania, I didn't know you, but you'll always be in my heart along with a few other precious children that are no longer with us. May you rest in peace, sweetie. I truly hope and pray that your short life was filled with lots of love, happiness, health and fun, before this monster took you away. My thoughts and prayers are with the family- I can't imagine the hell and pain they are going through. No family deserves this torture............

 

[kkdj]

<modsnip - quoted post removed as rude>
Wouldn't there need to be a good reason for expungement? I can't imagine a violent criminal having anything expunged by a judge.
I know someone who has a record for animal cruelty from years ago and cannot get it expunged.

 

[jjenny]

Wouldn't there need to be a good reason for expungement? I can't imagine a violent criminal having anything expunged by a judge.
I know someone who has a record for animal cruelty from years ago and cannot get it expunged.

There is a bunch of reasons for which DNA can be expunged (given in the article). He doesn't seem to fit any, so I doubt DA asked for his to be expunged.

 

[HayLouise]

Leigh Egan‏ @LeighEgan

Hania Aguilar Update: Suspect accused of killing teen girl also charged with unsolved 2016 rape after DNA evidence links him to both cases [Prosecutor] https://www.crimeonline.com/2018/12/11/hania-aguilar-update-suspect-accused-of-killing-teen-girl-also-charged-with-unsolved-2016-rape-after-dna-evidence-links-him-to-both-cases-prosecutor/ … via @crimeonlinenews

Leigh Egan on Twitter

 

[PommyMommy]

Man accused in Hania Aguilar's killing has lengthy criminal past
McLellan's rap sheet goes back as far as 2000, when a court found the then-16-year-old guilty of misdemeanor assault on a child under the age of 12. Court documents do not show what kind of sentence he received in that case.

In March 2006, McLellan pled guilty to three counts of assault on a child younger than 12. He was sentenced to five months of community service.

A year later, in March 2007, a court convicted McLellan of assault with deadly weapon and first-degree burglary, for which he was sentenced to 10 years in prison. He was released on parole in February of 2016.

McLellan was again back before a judge in February of 2017 on charges of felony breaking and entering and larceny. He was sentenced to nine to 20 months in jail. Court documents show he was released June 2018.

Just four months later in October of this year, court documents show he was accused of attacking a woman outside her home in Fairmont and turned himself in to police on Nov. 13.

When asked about their strategy, prosecutors said Monday that there isn't much they can say just yet, but made one promise:

"We will do our talking in the courtroom," said Scott.

 

[crussell821]

This man is a monster. And he is big, and strong. What chance did Hania have? I can't imagine how scared she must have been. He has a long history of hurting those who struggle to defend themselves. He is a waste of oxygen.

 

[Lavender Moon]

The only comfort I find is in knowing her horror and anguish has ended. The same cannot be said for her dear mother, sisters, other family and all her friends...and that really makes me feel sad.

 

[Deleted member 229974]

How sad that he won’t be allowed to attend Hania’s funeral, not seeing her since she was a baby and hearing about her death from so far away.

Sorry I am showing up late here, but why hasn’t he seen his daughter since she was a baby? Thanks

 

[borndem]

State Crime Lab

DNA can be expunged in NC.

Expungement can only be done only under certain circumstances -- I have cited just the first paragraph of the Statute. See the link for the entire Statute. The link in the comment above essentially says the same thing as the actual Statute.

I don't see how the suspect's DNA would be subject to this Statute.

§ 15A-148. Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted.
(a) Upon a motion by the defendant following the issuance of a final order by an appellate court reversing and dismissing a conviction of an offense for which a DNA analysis was done in accordance with Article 13 of Chapter 15A of the General Statutes, or upon receipt of a pardon of innocence with respect to any such offense, the court shall issue an order of expungement of the DNA record and samples in accordance with subsection (b) of this section. The order of expungement shall include the name and address of the defendant and the defendant's attorney and shall direct the North Carolina State Crime Laboratory to send a letter documenting expungement as required by subsection (b) of this section.
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bbm
General Statute Sections - North Carolina General Assembly

 

[pjextrom]

Trying to make sense of these types of horrible murders, I came across this eyeopening article about how "Humans Are Genetically Predisposed to Kill Each Other" which might give us an answer.
Humans Are Genetically Predisposed to Kill Each Other

 

[pjextrom]

I also found this website memorial for murdered children and was amazed how many horrible murders have taken place. Maybe we are doomed to have horrible things like this happen no matter what we do. Maybe the death penalty would reduce the genetics of violent tendancies in the human gene pool over time?
Murder Wall....Honoring Their Memories

 

[Lavender Moon]

I also found this website memorial for murdered children and was amazed how many horrible murders have taken place. Maybe we are doomed to have horrible things like this happen no matter what we do. Maybe the death penalty would reduce the genetics of violent tendancies in the human gene pool over time?
Murder Wall....Honoring Their Memories

Thank you for this post, pjxtrom. AlI my life I have vaccilated between being pro death penalty and between opposing. That's an interesting concept you've presented. Maybe it will in time be proven to be true. Also, thanks for the website links.

 

[Kale]

Her mother. I can literally feel her rage. Much more strength than I think I could posses

Hey all, been lurking on this case from the start... OMG that picture hits me right in the gut as a mom =(

This case really reminds me of Kelsey Smith just in terms of a guy shoving her into her own car in a fairly public setting (Target parking lot). Some people are just so violent and crazy, it's horrifying to think about.

RIP Hania. You're never gonna have to see this guy where you are, that's for sure.