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Carthage chief ordered to keep hate mail for accused nursing home shooter

Posted September 10, 2009

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— A judge on Thursday ordered Carthage Police Chief Chris McKenzie to stop throwing away hate mail directed at the man charged with killing eight people at a nursing home during a March shooting rampage.

McKenzie said his department has received "countless" threatening letters to be passed along to Robert Kenneth Stewart since the March 29 attacks at Pinelake Health and Rehab in Carthage. Seven patients and a nurse died in the shootings, which ended when a police officer shot and wounded the gunman.

Stewart is being held at Central Prison in Raleigh.

Jonathan Megerian, defense attorney for Robert Kenneth Stewart Attorney: Letters could determine site of trial

He is charged with eight counts of first-degree murder, as well as two counts of assault with a deadly weapon with intent to kill, one count of assault with a firearm on a law enforcement officer, two counts of assault by pointing a gun and one count of discharging a weapon into occupied property.

Defense attorney Jonathan Megerian filed a motion to preserve the hate mail, and Superior Court Judge James Webb ordered McKenzie to hand over all letters from now on to Moore County prosecutors and to summarize the ones he threw away "as best he can."

"It's not the chief's job to determine evidentiary value," Megerian said, adding that the letters would be "certainly useful in a change of venue motion."

No request has been filed to move the trial out of Moore County. Prosecutors have said they plan to seek the death penalty against Stewart.

"I'd use them in jury selection," Megerian said after the hearing. "I'd like to know if they came from people who are likely to be selected for a jury in the county or if they came from other counties."

Webb also approved prosecutors' request to obtain DNA evidence from Stewart through a swab of the lining in his mouth.

Investigators haven't disclosed a motive in the shootings, but Stewart's wife, Wanda Stewart, who works at the nursing home, has said she believes he went to the facility to shoot her.

Wanda Stewart was at Thursday's court hearing but declined to comment.

According to search warrants, investigators said Stewart told a nurse he had taken six nerve pills prior to the shootings and did not remember anything about them.

Carthage police officer Justin Garner, who wounded Robert Stewart to end the shooting spree, and three others were wounded in the incident.

"I just want to see justice done. It's a tragedy," Jerry Avant, the father of the nurse killed in the rampage, said after the hearing. "It was hard. I know all the eyes were on him. He didn't look like a vicious person or nothing, but you never know what's going on his his mind."

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  • rdc Sep 11, 2009

    I may be wrong, but the way I understood the article; the police department is receiving the mail. I don't think it states anywhere in there that the mail was addressed to Robert Stewart. All it said was that the mail was directed toward him.

    "McKenzie said his department has received "countless" threatening letters to be passed along to Robert Kenneth Stewart"
    - This statement to me suggests that the mail is not addressed to Robert Stewart.

  • mom2threecld Sep 11, 2009

    since he doesn't reside at that address mail should have just simply been return to sender.

  • oldrebel Sep 10, 2009

    Seems to me if threats are being made, those individuals using the U.S. Postal Service to make such threats are guilty of criminal offences. As for the chief throwing away the mail because "no one by the name of Robert Kenneth Stewart resides at the Carthage PD"...it would sem a reasonable person would mark such mail as "No such person at this address" and return it to the postal service.

  • rrfan Sep 10, 2009

    "Unless they were addressed to the chief he should be facing charges himself for tampering with the US mail"

    I could be wrong, but it seems to me that since no one by the name of Robert Kenneth Stewart resides at the Carthage PD, wouldn't the Chief be correct by simply discarding the mail?

  • NOTAGOLOFAVORITEPET Sep 10, 2009

    Why write a letter when you can show up in person and spew your venom? Thats what I would do.

  • ArmyTrucker Sep 10, 2009

    Wow, thats all you can say? Who gives a defication about this killer. Let the people who wrote the hate mail come see him personally. Youre about as bad as the defense attorney is for wanting the mail preserved. Change of venue. Thats the only defense he can raise because its an open and shut case and the only question is when he'll actually be put to death. If the liberal governor doesnt do away with the death penalty before he gets juiced.

  • ICTrue Sep 10, 2009

    Unless they were addressed to the chief he should be facing charges himself for tampering with the US mail