Mentally Retarded Claim Will Delay Murder Suspect's Trial

Raleigh, N.C. — A motion seeking to declare a man retarded who is accused of kidnapping and killing a Wendell woman will delay his trial.

"We will be filing a formal motion that we have evidence that Antonio Davon Chance is mentally retarded, and we will be asking for a hearing in that matter," Wake County public defender Bryan Collins said Thursday.

Chance, 30, is charged with first-degree murder in the death of Cynthia Moreland, 48. Police said she was abducted from a parking garage beneath Progress Energy's headquarters in downtown Raleigh on Aug. 22, 2006.

Moreland's body was found behind an abandoned Harnett County barn on Sept. 1.

Wake County Assistant District Attorney Susan Spurlin plans to seek the death penalty when the case goes to trial.

That's set to begin Feb. 11, but Collins said he wanted the issue taken care of before trial. The motion is expected to delay it for several months, Spurlin said.

Collins said the motion has nothing to do with Chance's innocence or guilt but with a state law that prohibits mentally retarded people from being put to death. To be mentally retarded, a person has to have an IQ below 70.

Chief Resident Superior Court Judge Donald Stephens on Wednesday ordered Collins attorney to produce a report from an expert regarding Chance's mental capacity.

"Once we get that information, we'll have to do our own investigation to determine that the facts are supporting or not supporting that contention," Spurlin said.

Calls to Moreland's family were not immediately returned.

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Latest Comments

Well, you don't see rocket scientists out committing these crimes. Most criminals are below average types. Low IQ and irrational behavior go hand in hand. However, to abritarily list a cut off IQ level to avoid the highest penality is criminal. To apply this rule to someone who has a documented life long condition, supported with childhood tests, a clean background, and not knowing right from wrong, is honorable. To stretch this ruling and apply it to those with a criminal background is obscene. A Wendell Resident.

The Fox
January 17, 2008 6:51 p.m.

I wonder why this convienient defense did not come up when he was convicted of 2nd degree sex offense in 94, possession, and 2 convictions of failing to register as a sex offender. If you ask me, our society needs to question its intelligence as to why this guy was out on the streets to begin with.

beaker
January 17, 2008 6:43 p.m.

When are they ever going to stop using the word "retarded" when a person is just down right "MEAN" and thinks he can get away with a crime such as this. I don't know that I could have pulled off what he did if I was mean and indecent enough to do a thing like that.

She was one very attractive and smart lady; however, he outsmarted and manhandled her. My heart goes out to her loved ones and her dear husband who cared for her so very much. I don't know how he continues to deal with this madness. I guess he is getting his strength from the Lord because I don't think he could handle this on his own. May he know that many are still praying for him.

jet919
January 17, 2008 6:36 p.m.

If he is mentally retarded enough to do the crime he should be mentally retarded enough to do the time.Put him in the nut house for life.

jon2four
January 17, 2008 5:39 p.m.

I have to preface this statement with a declaration: I don't have any formal training in identifying the mentally retarded. Having said that: I don't believe this man is retarded! I have dealt with children and adults who are mentally retarded and when they do something wrong, their first instinct is not to cover it up! This man put the victim's body in a shallow grave, stole her car, and attempted to use her bank card. That sounds like full cognition to me! I hope justice is served in this case.