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1:41 a.m. • 2-11-12

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UNC murder suspect arraigned on federal charges


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Demario Atwater
Demario Atwater

One of two men accused of killing University of North Carolina at Chapel Hill student body president Eve Carson pleaded not guilty Tuesday to federal charges related to the case.

Demario James Atwater, 22, was arraigned in U.S. District Court in Greensboro on federal charges of carjacking resulting in death, which could allow authorities to seek a death sentence.

A trial date on the federal charges is scheduled for November 2009.

Atwater and another man, Laurence Alvin Lovette Jr., 18, each face state charges of first-degree murder, kidnapping and robbery in Carson's shooting death.

Chapel Hill police say the pair kidnapped Carson early on the morning of March 5 and forced her to withdraw $1,400 from ATMs before shooting her five times, including once in the head.

Police found her body on a street several blocks from the UNC campus while responding to reports of gunshots.

Orange County District Attorney Jim Woodall announced in August that he will seek the death penalty against Atwater.

The United States Attorney General must decide before March 31 if Atwater will face the death penalty if he's convicted.

If the decision comes before President-elect Barack Obama takes office, the decision could be reviewed because of the new administration, former federal prosecutor Kieran Shanahan said.

"I do think it will not only be reviewed, but it will be reviewed very, very closely because there are deep policy implications involved any time you use the death penalty," he said.

It's still unclear if Lovette will face federal charges.

"There may be a reason, in terms of cooperation, ability to make deals, that the government is keeping its options open," Shanahan said.

Lovette is ineligible for the death penalty under a U.S. Supreme Court ruling that prohibits executions of people who were under age 18 at the time of a capital crime. He turned 18 last month.

Meanwhile, defense attorneys representing the men on the state charges have asked for all tips and information that Crime Stoppers received about the case, as well as information about a program called Gang Net, which investigates gang membership.

According to search warrants released earlier this year, an anonymous call to Crime Stoppers led investigators to Lovette and Atwater.

Police decide which information from Crime Stoppers is put in the case file, which in turn is shared with defense attorneys when someone is arrested. The attorneys, however, want to see what tips police did not pursue.

A hearing on the motion was scheduled for last week but was postponed after defense attorneys received more discovery evidence in the case, Woodall said.

He is looking to reschedule the hearing after the first of the year.

The state Department of Correction reports that Atwater is being held in disciplinary segregation at an undisclosed location after being held at Central Prison in Raleigh., where he is serving a term for breaking and entering and will begin a sentence for gun possession in Februrary. Probation for both crimes was revoked after his arrest in the Carson case.

RELATED TOPICS: Barack Obama, Eve Carson, Death Penalty, Raleigh, Supreme Court, Orange County

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If you're going to argue for the death penalty, please come up with something other than "spending tax dollars to house/feed/clothe" criminals as your basis. The death penalty does not save money. It is cheaper to let a person live for 80 years in prison than to go through the full legal process of a capital trial and execution. The system we have in place to make sure innocent people are not executed costs millions of dollars per case. So if you support the death penalty, that's you opinion and you're entitled to it and free to express it here and anywhere else, but base it on fact.

Peace at last. :)

Fairyland ideals again. See below OrdinaryCitizen

I am thankful that you will not have a say in what happens to these boys. People like you do not need to be on the jury or in the courtroom. So your words wind up meaning nothing.

I still maintain they both should receive life in prison with parole. I am praying that will happen. God is still in control no man. I am glad to know that. Killing them will never bring the late Ms. Eve Carson back. May she rest in peace eternally.

Start using the death penalty less since it does no good. Advanced technology of proof is no good. OrdinaryCitizen

I agree. :) lol

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