NC - Hania Noelia Aguilar, 13, Lumberton, MEDIA MAPS & TIMELINE *NO DISCUSSION*

[PommyMommy]

MICHAEL MCLELLAN COURT DATES:

2016 RAPE CASE:
18CRS001998
Superior ROBESON MCLELLAN,MICHAEL 08/03 01/07/2019 002A

2018 HANIA'S MURDER:
District ROBESON MCLELLAN,MICHAEL 08/03 01/08/2019 003AAM 18CR056270
District ROBESON MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056271
District ROBESON MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056272
District ROBESON MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056273
District ROBESON MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056274
District ROBESON MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056275
District ROBESON MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056276
District ROBESON MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056277
District ROBESON MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056278
District ROBESON MCLELLAN,MICHAEL 08/03 01/08/2019 003A AM 18CR056279

2018 ATTACK IN FAIRMONT (Kidnapping, etc.)
District ROBESON MCLELLAN,MICHAEL 08/03 03/19/2019 003A AM 18CR055491

Calendars / District and Superior Court

 

[PommyMommy]

JAN 8, 2019
Scheduling hearing held for man accused of kidnapping, killing Hania Aguilar
The case against Michael Ray McLellan, the man accused of kidnapping and killing 13-year-old Hania Aguilar, will take a procedural step forward Tuesday morning, reports our ABC sister station in Raleigh, WTVD.

Attorneys are scheduled to be in court Tuesday for a scheduling hearing.

HOWEVER...

It is reported in the video here that the hearing has been delayed; the judge granted the DA's request for a continuance.
Scheduling hearing held for man accused of killing Hania Aguilar

 

[PommyMommy]

Next court date for Hania's Case:

Case Number: 18CR056270
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 04/02/2019
Session: AM
Court Room: 003A

Calendars / Alert

 

[PommyMommy]

JAN 16, 2019
Investigators Hopeful Social Media Will Help with Kidnapping Case
Investigators wonder where the 34-year-old man was November 4, the day before Aguilar was kidnapped, until the 13th, when McLellan was arrested. Police are asking the public to come forward if they've seen McLellan.

McLellan was:

• with a weapon
• wearing a yellow bandana
• having two small TVs that fit in the headrest of a car
• with Hania's distinct Adidas

Police are also asking the public to come forward if anyone has seen pictures of McLellan from September to November of 2018.

"I feel like it would be a really effective way with finding out more about the individual that committed the crime and find out his background and things where he was and what he was doing at that time," Mike Hall, Lumberton resident said.

Police can be reached at 910-671-3845.

 

[PommyMommy]

JAN 16, 2019
Public's help sought in tracking activity of man accused in slaying of Hania Aguilar :: WRAL.com
Law enforcement authorities in Lumberton are asking for the public's help to identify and track the movements of the man accused of kidnapping and killing Hania Aguilar two months ago.

Lumberton police and the FBI want to determine the "exact movements" of Michael Ray McLellan, who is now being held in connection with the Nov. 5 abduction and murder of the 13-year-old girl. Investigators need help with McLellan's whereabouts from Nov. 4 to Nov. 13.

The community was asked to call Lumberton police at 910-671-3845 or 910-671-3846 if they have information about the following:

• Where Michael McLellan was between Nov. 4, 2018 and Nov. 13, 2018.
• Possession of a weapon by McLellan.
• McLellan's wearing/ownership of a yellow bandana.
• The location of a yellow cinch sack McLellan was known to carry.
• Photos taken by you or by a direct contact of yours of McLellan in September, October, or November 2018.
• McLellan's ownership of two small TV monitors that fit in the headrest of a vehicle.
• McLellan's white Adidas sneakers with three black stripes and distinctive, colorful stitching.

 

[PommyMommy]

JAN 17, 2019
Suspended deputies no longer working for Robeson Co. Sheriff's Office after investigation
"Recently an Internal Investigation was conducted regarding information received from the Robeson County District Attorney’s Office," says a press release from the Robeson County Sheriff's Office. After preliminary findings, the information led to the suspension of Major Anthony Thompson and Investigator Darryl McPhatter.

On January 9, Sheriff Burnis Wilkins received a resignation and retirement letter from Thompson, who served a total of about 34 years in law enforcement.

"Based on the findings of fact during the Internal Investigation," Sheriff Wilkins terminated McPhatter's employment with the sheriff's office on Thursday morning.

Investigator fired, another resigns over man charged in Hania Aguilar murder
Two veteran deputies are now off the job after an internal investigation into overlooked DNA evidence of the man charged in the Hania Aguilar case in Robeson County.

Sheriff Burnis Wilkins announced this morning that he fired Investigator Darryl McPhatter, while Major Anthony Thompson has resigned.

The two men were suspended last month after it was revealed that deputies didn't follow up on DNA that linked Michael McLellan to a 2016 rape in the county.

The district attorney said that McLellan should have been in jail on the 2016 rape accusations and never had a chance to kidnap Aguilar.

"The dedicated men and women of the Robeson County Sheriff's Office are proud public servants," the sheriff said in a statement. "My expectations of them are to serve the public with the utmost respect and to the best of their ability as trained law enforcement professionals."

 

[PommyMommy]

JAN 17, 2019
2 Robeson County sheriff’s deputies are out amid mishandled evidence tied to teen’s murder
One Robeson County sheriff’s deputy has been fired and a second resigned following an investigation into overlooked evidence in the murder of 13-year-old Hania Aguilar, authorities said Thursday.

Sheriff Burnis Wilkins announced that Investigator Darryl McPhatter was terminated after an internal probe into DNA evidence linked to the girl’s abduction. Maj. Anthony Thompson, who was suspended in December along with McPhatter, resigned last week.

“It angers me, and I’ve got to deal with it,” Wilkins told ABC11, The News & Observer’s media partner. “To know what happened, to know the reports didn’t follow the proper channels, that further investigation wasn’t done, interviews weren’t done properly — I have a major issue with that.”

 

[PommyMommy]

JAN 26, 2019
Backlog of untested rape kits is 'a public safety issue,' may let offenders slip away
The discovery of the body of Hania Noelia Aguilar, a 13-year-old girl who was raped and murdered after being kidnapped outside her home, broke hearts in the small community of Lumberton, North Carolina, last fall.

"It is absolutely tragic and makes me sad and a little bit crazy that this girl was killed, and if the case had been investigated properly, chances are she would be alive today," North Carolina Attorney General Josh Stein told ABC News.

"If he had been linked in 2016, we'd be having a very different conversation," Monika Johnson Hostler, executive director of the North Carolina Coalition Against Sexual Assault, told ABC News.

The fact that the 2016 rape kit had been tested at all is remarkable, critics say. Between 14,000 to 15,000 other rape kits in North Carolina are waiting their turn in a massive backlog that's been piling up for years, leaving potential repeat offenders like Aguilar's alleged killer free to find their next target.

North Carolina has the highest known number of untested kits of any state, according to data collected by End the Backlog, a Joyful Heart Foundation initiative. Knecht estimates it will take "years and years" to test them all. The next highest state is California with 13,615 untested kits -- and four times as many people.

 

[PommyMommy]

Just put two people in a lab and have them do nothing but rape kits. Pay them whatever it takes. Damm.

Agree, whatever it takes! I notice you've posted here a number of times lately and think you may have mistaken this for the discussion thread, which is here: Found Deceased - NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 #4 *Arrest*

 

[PommyMommy]

JAN 23, 2019
Grand jury returns indictment against Michael McLellan in connection with 2016 rape case
According to the indictment, a grand jury returned a true bill of indictment against McLellan on January 7 in reference to a 2016 rape case. The hearing was held at 10 a.m. on January 7.

The offenses listed in the indictment include first degree rape, first degree burglary, and robbery with a dangerous weapon. The indictment says McLellan broke into the victim’s home and did “ravish and carnally know” the victim by force and against her will.

McLellan is also accused of kidnapping and murdering 13-year-old Hania Aguilar. Aguilar was forced into a car in the Rosewood Mobile Home Park in Lumberton on November 5, 2018. The teen's body was located November 27, off of Wire Grass Road.

 

[borndem]

Just saw this -- Perhaps Hania's legacy will be the starting and completion of this effort in hopes of preventing more tragedies:

NC has more than 10,000 untested rape kits. A new plan aims to erase the backlog.

Raleigh

N.C. Attorney General Josh Stein announced a $10 million plan Tuesday to eliminate the backlog of more than 10,000 untested rape kits statewide, hoping to close decades of unsolved sexual assault cases.
[...]
In December, the Robeson County Sheriff’s Office announced it had failed to act on a CODIS hit linking Michael Ray McLellan to a 2016 rape, a crime committed one year before McLellan was charged with the rape and murder of 13-year-old Hania Aguilar in Lumberton.


Johnson Britt, then district attorney in Robeson, said in December, “Had it been followed up on, (Hania) might be alive.”

Read more here: NC has more than 10,000 untested rape kits. A new plan aims to erase the backlog.

 

[PommyMommy]

FEB 13, 2019
Autopsy: Hania Aguilar's cause of death undetermined, likely asphyxia
On Nov. 27, Aguilar's body was found facedown and naked in a water-filled pit with a plastic folding table and tire were on her back, the report says. The pit measured 4.5-feet deep.

Her body was retrieved by a dive team, according to a report of investigation.

While Aguilar's body showed "minimal evidence of trauma," the autopsy says blood was swabbed from her genitals as part of a sexual assault kit.

Due to the level of decomposition, the autopsy says a specific mechanism of death could not be determined.

However, she likely died by a form of asphyxia but the evidence of that may have not been found due to the level of decomposition.

The autopsy states her death will be classified as a homicide due to the circumstances leading up to her killing.

 

[PommyMommy]

FEB 13, 2019
Hania Aguilar autopsy: Teen's body found in water, under plastic table :: WRAL.com
According to the autopsy report, Hania's body was found lying in a wooded area in water.

The body had a "broken plastic table on top and black tire on top of table." The teen was naked when she was found. Authorities said her body had minimal evidence of trauma, but signs consistent with sexual abuse.

Autopsy: Asphyxia was likely cause of Hania Aguilar's death
A kidnapped 13-year-old North Carolina likely died of suffocation or strangulation, but her cause of death couldn’t be determined conclusively.

The state’s Office of the Chief Medical examiner ruled that Hania Aguilar died of undetermined “homicidal violence.” The autopsy released Wednesday says she most likely died of some form of asphyxia because other causes of death were ruled out.

The autopsy notes her decomposing body was found late last November in a body of water. The autopsy also found signs of sexual violence.

 

[PommyMommy]

FEB 13, 2019
Hania Aguilar died of ‘homicidal violence of undetermined means,’ autopsy reports
The FBI’s Lab at Quantico conducted a forensic exam of the stolen SUV, recovered on Nov. 8. The North Carolina State Crime Lab provided preliminary test results on Hania’s body, located on Nov. 27. The results of those tests, including some received on Dec. 7, and a thorough criminal investigation resulted in the current charges.

Hania Aguilar Cause of Death Undetermined, But Likely Suffocation or Strangulation, Autopsy Reveals
A kidnapped 13-year-old North Carolina likely died of suffocation or strangulation, but her cause of death couldn't be determined conclusively.

The state's Office of the Chief Medical examiner ruled that Hania Aguilar died of undetermined "homicidal violence." The autopsy released Wednesday says she most likely died of some form of asphyxia because other causes of death were ruled out.

 

[PommyMommy]

FEB 13, 2019
Hania Aguilar was found under a plastic folding table in a muddy pit, autopsy report says
A black hair tie on her left wrist was all 13-year-old Hania Noelia Aguilar had when authorities found her naked body partially submerged in a muddy pit in late November in Robeson County.

An autopsy report released Wednesday from the N.C. Office of the Chief Medical Examiner stated the girl likely died from asphyxia or suffocation, and her cause of death is listed as "homicidal violence of undetermined means."

Because of decomposition, a "specific mechanism of death" could not be determined.

"Numerous twig and leaves are on the body, especially tangled in the hair" the report states.

 

[PommyMommy]

FEB 13, 2019
Autopsy: Asphyxia likely cause of Hania Aguilar's death
"... Her body was found in Robeson County in a water-filled pit approximately 4 1/2 feet deep," the autopsy states. "She was reported to be face down unclad with a plastic folding table on her back."

Autopsy of 13 year old Hania Aguilar released
The North Carolina Office of the Chief Medical Examiner released the results of the autopsy Wednesday, which lists Hania's cause of death as homicidal violence of undetermined means. It says her unclad, mildly-decomposed body was found "partially submerged in a muddy pit under plastic folding table."

 

[PommyMommy]

FEB 14, 2019
UNSEALED: New court documents give insight into Hania Aguilar case
Hania’s cousin reportedly witnessed a male wearing a yellow bandana push the 13-year-old inside a Green Ford SUV and speed out of the Rosewood Mobile home park the morning the kidnapping was reported. Lumberton police say the kidnapping occurred around 6:58 a.m. Probable cause affidavits filed by the District Attorney’s Office note Hania’s cousin was not the only person who reported unusual behavior early that morning in the mobile home park.

Investigators also talked to a person who said they walk the entrance to the park each morning to catch a ride. In the documents obtained by News13, the female said a black male wearing a dark hoodie walked into the mobile home park at 6:15a.m. Upon seeing the male, she told officials she became uncomfortable and she pretended to take a phone call on her cell, at which time the man walked away.

The affidavits also say two more witnesses who live in the park say they saw a person on their porch that morning, possibly trying to break in. When they looked out their window, they saw a black male wearing a mask who then jumped off the porch. Twelve minutes after the witnesses reportedly saw the male on their porch, the 911 call about Hania’s abduction was made.

Another group of witnesses who were familiar with McLellan say he showed up to Deerfield Mobile Home Park the day of the kidnapping wearing all black clothing and a yellow bandana. The witnesses also added that McLellan was all wet. The documents state he had a cup of change in what appeared to be a kids “superhero” cup and he was trying to sell two video monitors. The affidavits say that last time the witnesses saw McLellan, he told them he had no money.

The owner of the stolen Ford SUV initially reported she had a bunch of loose change in the car when it was taken, the affidavit from the DA’s office said.

 

[PommyMommy]

FEB 14, 2019
UNSEALED: New court documents give insight into Hania Aguilar case
Over the course of the investigation, law enforcement took every opportunity to release video footage from the area and ask people if they recognized the grainy figure caught walking in the area around the time of the abduction. A female called investigators and said a “Michael Ray” might have something to do with the kidnapping after she watched the video.

The female caller didn’t know “Michael Ray’s” last name but did know he had recently been released from prison. She believed he was behind bars for beating an employee and stealing a car from Rock Star Auto Sales a couple of years ago. Later that evening, investigators had determined the full name of the man the caller insisted was in the FBI’s surveillance footage.

Documents also note conversations law enforcement had with people that knew McLellan and talked to him before the kidnapping about crimes McLellan said he wanted commit. One witness described in the documents said McLellan told them he was planning “a lick” and had 3 potential targets. According to the document, "a lick" is slang for committing a robbery. Target one was a mobile home park off NC 41 and Resa Loop Drive. Target two would have been in Pembroke. Target three was described as the mobile home park by the Kia dealership, which investigators allege was referring to the Rosewood Mobile Home Park.

“McLellan stated all the Hispanics live there and they have money and drugs. McLellan added that he had to be careful because there were cameras within this park,” the document stated.

Other people detectives interviewed mentioned when McLellan commits crimes, he likes to wear a yellow bandana to cover his face. The witnesses also said McLellan wears the yellow bandana so people “wouldn’t know he was black” and they would think he was a Latin King gang member.

 

[PommyMommy]

FEB 14, 2019
Hundreds of unsealed documents shed light on Hania Aguilar kidnapping, murder :: WRAL.com
The documents also show that several witnesses reported that McLellan had discussed his plans to commit a crime.

The witnesses said that McLellan had identified three potential targets for “a lick,” which, according to the documents, is a slang term for committing robbery. One of the targets McLellan had identified to witnesses was an area described as the mobile home park by the Kia dealership, which investigators believe referred to Rosewood Mobile Home Park.

Documents state that McLellan told others that he wore a yellow bandana when committing crimes because it conceals his race and led people to falsely assume he was a member of the Latin Kings gang.

The SUV belonging to Hania’s family was found several days before her body was located, and documents show that investigators found the shirt, pants
and undergarments Hania was believed to be wearing at the time of her disappearance in the vehicle. Documents also show that McLellan’s DNA was found on that clothing.

Investigators also found McLellan’s DNA on the steering wheel of the SUV, although he denied ever being in the stolen vehicle.

Other items taken from the SUV included a photograph of a female and white rope.

 

[PommyMommy]

FEB 22, 2019
Documents provide details on Hania’s alleged killer | Robesonian
The man charged with kidnapping, raping and killing 13-year-old Hania Aguilar was within reach of law enforcement in the days after the kidnapping, but kept slipping away.

That information was included in more than 500 pages of documents filed by investigators for 23 search warrants that covered cell phone records for McLellan and others identified as “material witnesses;” GPS coordinates from Google accounts; a sport utility vehicle; and a residence on Atkinson Road in Orrum.

The Ford Explorer was found Nov. 8, in woods on Quincey Drive, off Alamac Road, about a half-mile from Deerfield Mobile Home Park. Inside, investigators found clothes believed to be Hania’s, the documents show.

Josh Allen lives in the park and told investigators that he and his brother had an encounter with McLellan about two hours after Hania was kidnapped, according to the documents. Allen said McLellan, dressed in black clothing and wearing a yellow bandana, approached them. His clothes were wet, according to the documents. McLellan asked if he could wash his clothes at Allen’s house.

The same day the SUV was found, Allen saw McLellan in the mobile home park. McLellan asked Allen if he could use his phone. As McLellan was wrapping up the call, Allen said four police officers walked in the park. McLellan, whose back was to them, turned around to give Allen the phone “and looked directly at the four officers,” according to the documents.

McLellan ran away before he could be seen.