Sherrill Murder Trial Ongoing in Charlotte

Though it has been little reported, a capital murder trial is ongoing in Charlotte.  Michael Wayne Sherrill is accused of the February 1984 murder of Cynthia Dotson and could face the death penalty if convicted.  Dotson was found stabbed to death in a burning mobile home nearly 25 years ago.  Sherrill was not charged until 2005.

Sherrill is also accused of three other murders, but those are not an issue in this trial.  Arthur Jackson Bostic, Linda Taylor, and Amy Bostic were killed in October of 1984.

DW has been unable to determine why Sherrill was charged with these murders, except that he knew the victims and police received undefined tips about his involvement.

Life for Bobby Lynn Chavis

In Moore County, Bobby Chavis has pleaded guilty and accepted a sentece of life without the possibility of parole for the 2006 murder of his wife.  Audrey Chavis was attacked with a baseball bat as she slept, and then suffocated with a pillow.

The district attorney had sought death in the case, and only agreed to the plea after seven days of jury selection.  The victim’s family did not want the death penalty.

Federal Government Seeks Death Against Atwater

In one of the last acts of the Bush Administration, federal prosecutors have announced that they will seek the death penalty against Demario James Atwater.  Atwater is accused of killing UNC student body president Eve Carson.

Calls to End the Death Penalty

Two recent op-eds in NC newspapers have called for an end to capital punishment.  The first, in Greensboro’s News-Record, calls on elected officials to get in line with what juries are telling them – that life without parole is a more just punishment than death in all but the most exceptional cases.

The second piece, in Raleigh’s News and Observer, takes a historical look at capital punishment in North Carolina, concluding, “For decades, North Carolinians have tried to adapt the penalty to satisfy our desire for a forceful and effective response to crime that will not hurt our consciences.  We have failed.  We can rewrite this failure in blood, or we can give the death penalty, in the words of the late Raleigh minister W.W. Finlator, ‘a prompt and decent burial.’”

Proposal to Exempt Severely Mentally Ill from Execution

In Raleigh, lawmakers are considering a bill that would exempt the severely mentally ill from the death penalty.  Recent United States Supreme Court decisions have exempted juveniles and the mentally retarded from execution because of their reduced ability to control their actions, assist in their defense, and appreciate why they are being executed.  The proposed bill would extend the same protection to persons with debilitating mental illnesses because they have similar disabilities.

The bill allows for a pretrial determination of the defendant’s mental status.  If he or she was found to be severely mentally ill, the death penalty would be taken off the table and the defendant would proceed to trial.  Upon conviction, he or she would be sentenced to life in prison (not a psychiatric facility) without the possibility of parole.   Advocates say that by culling the severely mentally ill from the pool of capital-eligible defendants in advance of trial, the State would save both time and money.

The bill would only protect persons with debilitating mental illnesses like schizophrenia or bipolar disorder.  The defendant would be required to show that he or she was suffering from severe mental illness or brain damage at the time of the crime.  Persons with conditions like anxiety disorders or substance abuse problems would still be eligible for the death penalty.

A similar bill was proposed last year, and is available online here.

June Trial for Myron Britt

A June 1st trial date has been set for Myron Britt in Robeson County.  Britt was previously tried for the murder of his wife in 2006, but the jury could not reach a verdict.  The State alleged that Britt killed his wife to collect her insurance policy, but Britt’s attorneys maintained that the couple was happy and he had no reason to kill her.  If convicted, Britt could be sentenced to death.

Study: DAs Drive Up NC Death Penalty Costs

Indigent Defense Services, which oversees legal representation for all indigent defendants in North Carolina, has released a study about the cost of the death penalty at the trial level.  The study is available online here.

The primary revelation of the study is that the cost of the death penalty has been exploded by DA charging decisions.

A person accused of intentional homicide can be charged with first degree murder, second degree murder or voluntary manslaughter, depending on the circumstances of the killing.  As many as 88% of intentional homicides are charged as either first degree or undesignated murder.  These cases cost, on average, $27,834 in defense spending.  [The State does not release data on the cost of prosecuting such cases.]  However, 83% of these cases are resolved with pleas or verdicts of second degree murder or less.  Had they been charged as second degree murder from the beginning, each case would have cost approximately $1,931.  When you consider that there are on average 869 intentional homicides in North Carolina every year, better charging decisions could save just shy of $20 million annually.

Another way DAs drive up costs is by proceeding capitally in roughly a third of all first degree murder cases.  The death penalty is supposed to be reserved for the rare, egregious case.  By seeking death in a first degree murder case, DAs magnify defense costs – tripling costs in cases that end in a plea, quintupling costs in cases that go to trial.  Between 2002 and 2005, DAs sought death at some point in 464 cases.  Had all of those cases proceeded non-capitally, the state of North Carolina would have saved over $21 million.

Remember that since 2001, the State has only obtained a death sentence in 3% of cases where it has been sought.  More than 60% of cases in which the State initially sought the death penalty resulted in a conviction of second degree murder or less.

A few other findings:

• The average cost of a potentially capital case has not risen in the last several years.  However, the number of open cases has grown significantly, increasing costs overall.
• While the media tends to focus on expensive, high-profile cases, half of potentially capital cases are resolved for less than $15,000 in defense expenditures (attorney and expert costs combined).

The study does not propose that the death penalty be abolished to save money.  It simply suggests that IDS and district attorneys can work together to reduce the waste produced by reckless charging decisions.  In these tough economic times, that’s not politics, that’s just good sense.

Hennis Court-Martial to Begin July 7

In a hearing at Fort Bragg this morning, the attorneys prosecuting and defending Master Sgt. Timothy Hennis argued over access to documents and information.  The military is seeking two pages created by Hennis’ attorney in his previous civlian trials, while the defense is seeking contact information for the witnesses the State called in those trials.  Hennis was once convicted and later acquitted in civilian court of the murders for which the Army is now seeking the death penalty.

Another hearing is scheduled for March 31.  The court-martial will convene on July 7.

Tim Hennis Hearing Tomorrow

Tomorrow morning a military court at Fort Bragg will hear pretrial motions in the ongoing case of Master Sgt. Timothy Hennis.

In 1986, Hennis was sentenced to death in state court for a triple murder that occurred near Fort Bragg the year before.  In 1989, Hennis was acquitted at a retrial.  Tim Hennis returned to the Army, and served until his retirement in 2004.  New evidence emerged in 2006, and the Army reactivated Hennis for the purpose of charging him with the murders in military court.  Double jeopardy does not apply to the military.  Hennis could again be sentenced to death if he is convicted by a military jury.

Past articles about Hennis are here and here.

Persons on North Carolina’s Death Row 2009

	DOC #	Last Name	First Name	County
1	0234897	Laws	Wayne A.	Davidson
2	0207779	Jennings	Patricia W.	Wilson
3	0288088	Moore	Blanche T.	Forsyth
4	0265106	McCollum	Henry L.	Cumberland
5	0351933	Rose	Clinton R.	Rockingham
6	0100579	Davis	Edward E.	Buncombe
7	0353186	Rouse	Kenneth B.	Randolph
8	0339314	Reeves	Michael M.	Craven
9	0347839	Robinson	Eddie C.	Bladen
10	0264009	McCarver	Ernest P.	Cabarrus
11	0294214	Moseley	Carl	Forsyth
12	0039561	Bowie	Nathan	Catawba
13	0039569	Bowie	William	Catawba
14	0057308	Burkes	Rayford L.	Iredell
15	0058316	Burr	John	Alamance
16	0104984	Decastro	Eugene	Johnston
17	0156518	Gregory	Warren	Pitt
18	0251740	Lynch	David	Gaston
19	0021418	Barrett	Jeffrey	Northampton
20	0030124	Best	Norfolk	Columbus
21	0063592	Campbell	James	Rowan
22	0141374	Garner	Daniel	Robeson
23	0099090	Daughtry	Johnny R.	Johnston
24	0054499	Buckner	George C.	Gaston
25	0441726	Williams	James E.	Randolph
26	0149506	Goode	George E.	Harnett
27	0343075	Richardson	Martin A.	Union
28	0012311	Atkins	Randy L.	Buncombe
29	0153856	Gray	William	Lenoir
30	0017060	Ball	Terry L.	Beaufort
31	0071799	Chambers	Frank J.	Rowan
32	0020590	Barnes	William L.	Rowan
33	0221506	Kandies	Jeffrey	Randolph
34	0453231	Wooten	Vincent M.	Pitt
35	0120038	Elliott	John R.	Davidson
36	0082151	Cole	Wade L.	Camden
37	0348505	Robinson	Marcus	Cumberland
38	0166056	Harden	Alden	Mecklenburg
39	0438643	Wilkinson	Phillip	Cumberland
40	0143501	Geddie	Malcolm	Johnston
41	0095279	Cummings	Daniel	Brunswick
42	0443375	Williams	Marvin E.	Wayne
43	0085045	Connor	Jerry W.	Gates
44	0478925	Stroud	Isaac J.	Durham
45	0404386	Thomas	James E.	Wake
46	0368820	Sidden	Tony M.	Alexander
47	0036850	Bond	Charles P.	Bertie
48	0233526	Larry	Thomas M.	Forsyth
49	0497100	Woods	Darrell C.	Forsyth
50	0492102	Richardson	Timothy	Nash
51	0061528	Cagle	Richard	Cumberland
52	0180479	Herring	William	Wake
53	0487180	Warren	Leslie	Buncombe
54	0393145	Strickland	Darrell	Union
55	0511057	Hill	Jerry Dale	Harnett
56	0511998	East	Keith B.	Surry
57	0275678	McNeil	John D.	Cumberland
58	0414853	Tyler	Stacey A.	Hertford
59	0388922	Stephens	Davy G.	Johnston
60	0413011	Tucker	Russell	Forsyth
61	0495163	Neal	Kenneth	Rockingham
62	0528622	McNeill	Elmer R.	Wake
63	0499258	Murillo	Eric F.	Richmond
64	0238344	LeGrande	Guy T.	Stanly
65	0376917	Smith	Jamie L.	Buncombe
66	0246186	Locklear	Robbie D.	Robeson
67	0471315	Billings	Archie L.	Caswell
68	0506556	Guevara	Angel	Johnston
69	0440399	Williams	David K.	Bertie
70	0405380	Thomas	Walic C.	Guilford
71	0037215	Bonnett	Shawn D.	Martin
72	0510234	Davis	James F.	Buncombe
73	0434355	White	Melvin L.	Craven
74	0156529	Gregory	William	Davie
75	0412440	Trull	Gary A.	Randolph
76	0320825	Peterson	Lawrence E.	Richmond
77	0422350	Wallace	Henry L.	Mecklenburg
78	0539901	Taylor	Terrence	Lenoir
79	0311966	Parker	Johnny S.	Sampson
80	0571536	Fleming	John H.	Northampton
81	0176701	Hedgepath	Rowland	Halifax
82	0538027	Cheek	Jamey	New Hanover
83	0255136	Mann	Leroy	Wake
84	0585797	Davis	Phillip	Buncombe
85	0352024	Roseboro	Christopher	Gaston
86	0033802	Blakeney	Roger	Union
87	0488288	Mitchell	Marcus	Wake
88	0095361	Cummings	Jerry	Robeson
89	0134151	Fowler	Elrico	Mecklenburg
90	0552017	Moses	Erroll	Forsyth
91	0043529	Braxton	Michael	Halifax
92	0597164	Lawrence	Jimmie	Harnett
93	0599379	Williams	John	Wake
94	0137368	Frogg	Danny	Forsyth
95	0587681	Holman	Allen	Wake
96	0158506	Grooms	Timmy	Scotland
97	0590940	Golphin	Tilmon	Cumberland
98	0542024	Hyde	Johnny	Onslow
99	0388640	Steen	Patrick	Mecklenburg
100	0584095	Brewington	Robert	Harnett
101	0472274	Taylor	Rodney	New Hanover
102	0226428	King	James	Guilford
103	0280127	Meyer	Jeffery	Cumberland
104	0330166	Prevatte	Ted	Stanly
105	0515143	Thibodeaux	Raymond	Forsyth
106	0580028	May	Lyle	Buncombe
107	0311386	Parker	Carlette	Wake
108	0125241	Fair	Nathaniel	Wake
109	0542384	Call	Eric	Ashe
110	0654009	Wiley	Keith	New Hanover
111	0654093	Anthony	William	Gaston
112	0206197	Jaynes	James	Polk
113	0291861	Morgan	James	Buncombe
114	0139378	Gainey	David	Harnett
115	0007328	Anderson	Billy	Craven
116	0491889	Barden	Iziah	Sampson
117	0670167	Nicholson	Abner	Wilson
118	0130628	Fletcher	Andre L.	Rutherford
119	0199877	Hyatt	Terry A.	Buncombe
120	0561692	Hooks	Cerron T.	Forsyth
121	0349019	Robinson	Terry L.	Wilson
122	0688223	Squires	Mark L.	Pitt
123	0626944	Walters	Christina	Cumberland
124	0051026	Brown	Paul A.	Wayne
125	0434845	White	Timothy L.	Forsyth
126	0189289	Holmes	Michael D.	Johnston
127	0217326	Jones, Sr.	Marcus D.	Onslow
128	0486636	Carter	Shan E.	New Hanover
129	0702066	Garcia	Fernando L.	Wake
130	0561943	Haselden	Jim E.	Stokes
131	0428143	Watts	James Hollis	Davidson
132	0592464	Bell	Bryan	Onslow
133	0742512	Miller	Clifford Ray	Onslow
134	0379083	Smith	Reche	Washington
135	0064125	Campbell	Terrance	Pender
136	0765397	Smith	Wesley Toby	Rowan
137	0612123	Augustine	Quintel	Brunswick
138	0406487	Thompson	John Henry	Guilford
139	0290634	Moore (Al-Bayyinah)	Terry (Jathiyah)	Davie
140	0507467	McNeill	Jimmy	Scotland
141	0113234	Duke	Jeffrey Neal	Gaston
142	0133102	Forte	Linwood Earl	Wayne
143	0005091	Allen	Scott D.	Montgomery
144	0120236	Elliott	Terrance R.	Moore
145	0562597	Berry	Kyle O.	New Hanover
146	0509565	Hurst	Jason Wayne	Randolph
147	0014016	Badgett	John Scott	Randolph
148	0523493	Cummings	Paul Dewayne	New Hanover
149	0801680	Polke	Alexander C.	Randolph
150	0150949	Goss	Christopher	Ashe
151	0245105	Locklear	Dane Jr.	Robeson
152	0667195	Lane	Eric Glenn	Wayne
153	0762634	Taylor	Eddie Larmar	Harnett
154	0526698	Raines	William H.	Henderson
155	0940436	Murrell	Jeremy	Forsyth
156	0831753	Maness	Darrell W.	Brunswick
157	0775602	Garcell	Ryan G.	Rutherford
158	0900281	Wilkerson	George	Randolph
159	0441044	Williams	Eugene	Cumberland
160	1025501	Waring	Byron Lamar	Wake
161	0604251	Phillips	Mario	Moore
162	0846840	Little	James R.	Forsyth

(Adapted from here)