NC Death Penalty – 2011 Year in Review

Quick Facts

• Executions: 0
• Persons removed from death row for other reasons: 3
• New death sentences: 3
• Capital trials not resulting in death: 11

In Detail

• Persons Removed from Death Row

> Isaac Stroud (Durham) – In February, Isaac Stroud was declared incompetent to be executed and re-sentenced to life.

> John Fleming (Northampton) – This fall, John Fleming died of natural causes at the age of 83.  Fleming was first sent to death row at the age of 70.

> David “Bo” Williams (Bertie) – David Williams died of natural causes at the age of 46.  He had been on death row since 1996.

• New Death Sentences

> Tony Summers (Guilford) – Tony Summers was convicted of stabbing Lavell Williams and assaulting her two children.

> Danny Hembree (Gaston) – Danny Hembree was convicted of smothering Heather Catterton.

> William Robinson (Stanly) – William Robinson was convicted of shooting Keith Crump and injuring another man.

• Capital Trials Not Resulting in Death

> Michael Mead (Gaston) – Michael Mead was found not guilty of killing his pregnant fiancée and setting her house on fire.  The defense presented evidence that Mead was 50 miles away when the crime occurred.

> Al Bellamy (Iredell/Gaston) – A mistrial was declared when it was revealed during the guilt-or-innocence phase of Al Bellamy’s trial that prosecutors failed to disclose over 1700 pages of evidence to the defense.  If the State elects to try Bellamy again, it will be prohibited from seeking the death penalty.

> Robert Stewart (Moore) – Robert Stewart was convicted of second-degree murder after opening fire in a nursing home and killing eight people.  The cumulative sentence was at least 141 years in prison.

> Brandon Gross (Buncombe) – Brandon Gross was convicted of second degree murder, robbery, and burglary for beating a man to death in his home.  He will serve at least 43 years in prison.

> Shelton Mills (Pitt) – Shelton Mills was sentenced to life without the possibility of parole after being convicted of killing his ex-girlfriend and her new boyfriend.

> Danny Thomas (Columbus) –Danny Thomas, previously convicted of murder in another county was sentenced to life without the possibility of parole for four additional killings.

> Joshua Stepp (Wake) – Joshua Stepp was sentenced to life without the possibility of parole for the sexual assault and beating death of his ten month-old stepdaughter.

> Larry Robinson (Robeson) – Larry Robinson killed two men and injured a third in an ambush-style assault, and was sentenced to life without parole.

> Melba Slaydon (Randolph) – During jury selection, Melba Slaydon accepted a plea to life without parole in the killing of her husband.

> Dennis Mills (Alamance) – During jury selection, Dennis Mills accepted a plea to life without parole for shooting two men to death in their home.  Mills had previously been convicted of another homicide.

> James Richardson (Pitt) – After James Richardson was convicted of killing two men in a drive-by shooting, prosecutors dropped their request for the death penalty.

Life for Shelton Mills

A Pitt County jury has just returned two life sentences for Shelton Mills.

Mills Jury Hears Sentencing Evidence

Having found Shelton Mills guilty of two counts of first-degree murder, a Pitt County jury is now hearing evidence to help them decide what sentence he should receive.  The only options are death or life without the possibility of parole.

The defense has presented testimony from experts who evaluated Mills and found him to be mentally retarded, as well as teachers who observed similar limitations when Mills was a child. The defense also presented testimony from a former corrections commissioner who testified that Mills is the sort of inmate who will not pose a security threat to guards or other inmates if he were to be housed in the non-death row population.

The legal definition of mental retardation in North Carolina is not the same as the medical definition.  Mills is, medically speaking, mentally retarded (or what doctors now call intellectually disabled).  Legally speaking, Mills’ IQ is one point too high for him to be automatically exempt from the death penalty.  There is no functional difference between a person with Mills’ IQ (71) and a person whose IQ meets to legal threshold for mental retardation (70).

The jury can still consider Mills’ mental limitations in deciding what sentence is most appropriate.

Mills Jury Deliberating

In Pitt County, a jury is deciding whether to convict Shelton Mills of first-degree murder.  Mills is accused of a 2007 double shooting.  If convicted, he could face the death penalty.

Capital Trial Update 5-10-11

In Columbus County, a jury is deciding the fate of Danny Thomas.  Having been found guilty of first-degree murder, Thomas will either be sentenced to death or to life without the possibility of parole.

In Pitt County, the trial of Shelton Mills started yesterday.  Mills, who is borderline mentally retarded, is accused of a 2007 double homicide.