BY SUSAN DICKSON
Staff Writer
Following Demario Atwater’s guilty plea in federal court, Orange County District Attorney Jim Woodall said the state would likely hold a hearing next week to answer questions regarding the state’s case against Atwater.
Atwater, one of two suspects in the slaying of UNC Student Body President Eve Carson, pleaded guilty on Monday to federal carjacking, kidnapping and firearms charges in exchange for life in prison without parole.
Carson, an Athens, Ga. native who came to UNC as a Morehead-Cain scholar, was shot and killed in a robbery during the early-morning hours of March 5, 2008.
The plea bargain comes two weeks before Atwater’s federal trial was set to begin in Greensboro. Both federal and Orange County authorities had announced that they would seek the death penalty against Atwater.
Atwater, 23, pleaded guilty to charges of carjacking resulting in death, kidnapping resulting in death, carrying and using firearms during and in relation to carjacking and kidnapping resulting in death, possession of firearms by a convicted felon and possession of a short-barreled shotgun without proper registration.
“Eve Carson’s murder was a senseless, random act of violence. Today’s plea spares Ms. Carson’s family and friends the uncertainty and pain of a drawn-out trial and endless appeals,†U.S. Attorney Anna Wagoner said in a statement. “We hope this resolution will help the Carson family put this horrendous act behind them, as best they can, and move on with their lives.â€
In exchange for a guilty plea, federal authorities agreed to drop the death penalty, though Atwater could still be sentenced to death in state court. The state cannot seek the death penalty against suspect Laurence Alvin Lovette because he was 17 at the time of the murder. An Orange County jury has not sentenced anyone to death since 1973 and no one has been executed for crimes committed in Orange County since 1948.
Woodall announced in 2008 that the state would seek the death penalty against Atwater, alleging three aggravating factors: that the murder was committed during the commission of an armed robbery, burglary or kidnapping; was committed for monetary gain; and was heinous, atrocious and cruel.
Woodall said the federal plea bargain did not have a direct bearing on the state’s case.
“They’re separate cases. They’re actually different charges,†he said, adding that the state has tentatively scheduled a hearing on the case for April 30 at 2 p.m. in Hillsborough.
“I think a lot of questions about our case and how it’s going to proceed will be answered at that hearing,†Woodall said.
Carson’s parents released a statement following the federal plea: “While we deplore the evil and negligence that led to Eve’s death, we agree with the U.S. Attorney’s decision to accept the plea agreement. We are very grateful for the dedication and hard work that have gone into the investigation and prosecution of this crime.â€
Atwater is scheduled for sentencing on Sept. 23.