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Published: 2012-09-10 13:06:00
Updated: 2012-09-10 13:28:02

Death row inmate re-sentenced for 1993 Food Lion murders


Elmer McNeill
Elmer McNeill
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A man serving on North Carolina's death row for his role in the shooting deaths of two Food Lion employees nearly 19 years ago was resentenced to life in prison Monday after prosecutors said they will no longer pursue the case to get his execution carried out.

Elmer Ray McNeill Jr., 42, was convicted in 1996 of first-degree murder in the deaths of Michael Truelove, 20, and John Ray, 27, who were closing the north Raleigh grocery store when they were each shot in the back of the head during a robbery on the night of Sept. 19, 1993.

McNeill was sentenced to death but a federal court, in 2009, reversed the sentence, finding that his defense was constitutionally inadequate because it failed to uncover and present evidence at trial that McNeill suffered from depression and physical and childhood sexual abuse.

The state initially announced it wanted a new sentencing hearing, but Wake County District Attorney Colon Willoughby recently said he would be satisfied with a life sentence, according to the American Civil Liberties Union, which represents McNeill.

"Given the circumstances of this case, life is certainly the appropriate sentence," said Jonathan Broun of the Center for Death Penalty Litigation, who also represented McNeill. "We applaud the district attorney for recognizing that truth and for upholding justice."

McNeill was one of two men convicted in the case.

His older brother, Robert Anthony McNeill, 44, was sentenced to life in prison for the crimes after a jury failed to reach a unanimous decision on whether he should have been put to death for the crimes.

Prosecutors argued that Elmer McNeill shot Truelove and that Robert McNeill, who worked at the store, at the intersection of Six Forks and Strickland roads, plotted the killings and robbery.


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Keep electing liberals to your justice system.

Nice move judge... Maybe in another 20 years you can justify setting him free... We in NC have a death penalty for a reason... It is high time we started using it instead of letting these criminals waste our tax dollars filing appeal after appeal untill they find a judge sympathetic to their cause..

"McNeill suffered from depression and physical and childhood sexual abuse"

So somehow that makes him less guilty and less able to know right from wrong. Isn't that what they are saying?

My condolences to the families of the victims for their tragic losses.

IF BEING RAISED ROUGH GROWING UP GIVES YOU THE RIGHT TO GO OUT AND KILL PEOPLE, I WOULD HAVE KILLED EVERYONE IN THE NEIGHBOR HOOD. HAS NOT ONE THING WITH YOUR CHILDHOOD, ITS ALL BEING NO GOOD AND COLD HEARTED.

MAN ITS HARD TO GET JUSTICE IN NORTH CAROLINA. THESE TWO MEN PAID WITH THEIR LIFE, AND WE HAVE PEOPLE WORKING VERY HARD TO SURE THE ONES THAT TOOK EVERYTHING THEY HAD, DON'T HAVE TO PAY FOR WHAT THEY DID. LIFE IN PRISON, A BIG DEAL. DEATH SHOULD BE THE PENALTY, FOR COLD BLOODED MURDER. DO YOU FEEL YOU DID A GOOD JOB, OF DOING AWAY WITH JUSTICE FOR THE TWO YOUNG MEN. CAN YOU FEEL PROUD OF YOUR JOB?

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