Local News

Prosecution close to wrapping up in nursing home shooting case

Posted August 15, 2011

— Prosecutors said Monday that they expect to wrap up their case this week in the capital trial of a man accused of opening fire inside a Carthage nursing home two years ago.

Robert Kenneth Stewart is charged with eight counts of murder in the March 29, 2009, shootings at Pinelake Health & Rehab that left seven patients and a nurse dead and three other people wounded. He could be sentenced to death if convicted.

Several jurors called in sick Monday, so testimony was delayed until Tuesday, when Stewart's ex-wife, Wanda Neal, is expected to take the witness stand.

Neal was set to testify last week when prosecutors revealed that she had attempted suicide by overdosing on medications on July 31, the day before the trial began.

Defense attorney Jonathan Megerian questioned her competency to testify and demanded to see her recent medical records. Neal signed a consent order on Thursday to open her medical records since March 2009 to review.

Superior Court Judge James Webb on Monday unsealed some of Neal's prescription drug records.

Defense attorney Franklin Wells questioned whether an anti-psychotic drug given to Neal at FirstHealth Moore Regional Hospital, where she was treated after the overdose, and two other medications prescribed for her upon her release "might affect her ability to recall or narrate the evidence she purports to give."

Sketch of Superior Court Judge James Webb Judge opens medical records of accused gunman's ex-wife

Prosecutors have argued that Stewart was abusive and controlling of Neal, prompting her to leave him in the weeks before the shootings. He went to Pinelake, where she worked, to track her down and was so heavily armed that nothing was going to stop him, prosecutors have said.

Megerian told jurors at the start of the trial that Stewart overdosed on the sleep aid Ambien the night before the shootings, which put him in a hypnotic state that left him powerless over his actions. Stewart doesn't recall what happened the day of the shooting and can't be held legally responsible, Megerian has argued.

On Thursday, a state toxicologist testified that a blood test taken about 9½ hours after the shootings showed that Stewart had Ambien, the antihistamine Benadryl and the anti-depressant Lexapro in his system.

Megerian said during cross-examination that the defense team sent the blood sample to a private lab for testing, and the results showed Stewart had 12 times the normal dose of Ambien in his system.

In addition to Neal, prosecutors plan to have two psychiatrists and two medical examiners testify this week. Megerian said he was prepared to start presenting the defense next Monday and could finish in a couple of days.


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  • drakula_ig_r Aug 15, 2011

    NC has a moratorium on the death penalty at the moment, so I don't think he'll be executed any time soon, unfortunately.

  • dwallace9392 Aug 15, 2011

    He should be put to death and I don't believe in the death penalty,but sometimes you have to get rid of the problem for good!!!!!

  • 1 awesome Dad Aug 15, 2011

    Nope he is not leaving on his own free will. This man is getting an all expense paid trip to Raleigh. He will get the needle as the jurors looked at those horrible photos and they think about their loved ones that could have been one of the victims and will not let this deranged man go. He is toast and that is it.

    So please sir please roll up your sleeve

  • familyfour Aug 15, 2011

    Great...he will walk over a sleeping pill.....


  • gcannon Aug 15, 2011

    It would not surprise me in the least if the court found him not guilty and let him go as "free as a bird" to kill again! Our court system leaves so much to be desired. This man never deserves to be able to walk in public again!!!

  • chach2r Aug 15, 2011

    If he took these drugs looking to kill or harm himself why are they fighting the death penalty?

  • XLAW Aug 15, 2011

    When I read, and not on WRAL.COM, that the responding medics, cutting Stewart's clothes off to treat his wounds after the shootout with the responding officer, found a pistol hidden on his person that the police had not found, I found his defense to be fatally flawed. Too much advance planning went into this tragedy. Furthermore, I learned that voluntary intoxication was not a defense. The prosecution should seek to have the court charge the jury that a voluntary overdose of Ambien is not a defense since there was "malice aforethought" in his advance planning of these homicides.

  • carroln Aug 15, 2011

    SPARKY get ready!!! Shouldn't be allowed to have lethal injection..and the family should pull the switch on sparky.

  • mistervegas Aug 15, 2011

    If you ask me the juries are getting sick from hearing the testimony of the shootings and looking at the defendant.

  • rickandlinda88 Aug 15, 2011

    sounds like a whole lot of houey!!..get this farce over with.waste of taxpayers money..he's guilty as sin..dust off ole'sparky!!