Death penalty sought in N.C. case

August 12, 2008|Marlon A. Walker, Associated Press

HILLSBOROUGH, N.C. - Prosecutors said yesterday that they plan to seek the death penalty against a man charged in the kidnapping and fatal shooting of Eve Carson, who was student body president of the University of North Carolina at Chapel Hill.

Orange County District Attorney Jim Woodall said during a court hearing that he plans to seek the execution of Demario James Atwater, 22, even though jurors in Orange County haven't returned a death sentence in nearly 40 years.

"This is the toughest decision any prosecutor has to make," Woodall said, adding that he believed Carson's family supported his decision based on several conversations with her parents.

Atwater and Laurence Alvin Lovette, 17, are charged with first-degree murder in the death of Carson, 22, of Athens, Ga. Atwater also is charged with first-degree kidnapping, felonious larceny, armed robbery, and felonious possession of stolen goods.

The death penalty can't be sought against Lovette because of his age.

Woodall disclosed new details in the case yesterday, telling Superior Court Judge Thomas H. Lock that prosecutors believe Atwater shot Carson in the head with a 12-gauge shotgun.

Atwater "had been seen with that weapon prior to this crime," Woodall told the judge.

Woodall alleged that Atwater and Lovette kidnapped Carson from outside her home just before 4 a.m. on March 5 after peeking through her window as she sat at her computer. They stole her sport utility vehicle and took her to several ATMs, eventually withdrawing $1,400, officials said.

Carson's body was found later that morning in the middle of a residential street near campus. She had been shot five times.

Woodall said the crimes were especially heinous, and Lock agreed to hear the case as a capital murder.

Woodall said Carson was shot four times with a .25-caliber handgun, which police believe was used by Lovette. That gun and the shotgun used by Atwater were damaged, as though someone tried to dismantle both weapons, Woodall said. Ballistics specialists repaired both weapons.

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