Local News

Warrants: Six shots audible on video as Deputy Ned Byrd was shot. One brother points finger at the other.

Arturo Marin-Sotelo, 29, and his brother Alder Marin, 25, are both charged with the murder of Wake Deputy Ned Byrd.
Posted 2022-09-22T15:46:06+00:00 - Updated 2023-05-31T16:30:32+00:00
New search warrants reveal moments before killing of Wake County deputy Ned Byrd

Warrants obtained by WRAL News on Thursday provide more insight and new details into the investigation of the murder of Wake County deputy Ned Byrd.

The 36 warrants released say Byrd, a Wake County deputy, was on his way to K-9 training late in the evening of Aug. 11 when he noticed a suspicious, light-colored truck. Byrd pulled over to investigate, leaving his K-9 in the car.

Byrd was found dead around 1:06 a.m. on Aug. 12 with multiple wounds to the back of his head, the warrants state. Authorities found Byrd outside his parked patrol vehicle on the side of Battle Bridge Road in southeastern Wake County.

The warrants state Byrd was shot with a 9-millimeter handgun.

Surveillance video captured on Byrd's dashcam picked up the sound of six gunshots and shows the truck leaving the scene.

Brothers Arturo Marin-Sotelo, 29, and Alder Marin, 25, are charged with Byrd's murder. However, search warrants in the case show that one brother claims to have heard the gunshots, then heard from his brother that Byrd was dead.

Arturo Marin-Sotelo told investigators that he was in a field hunting deer when he heard shots from the vicinity of where his brother was parking his truck. According to warrants released on Thursday, Marin-Sotelo told investigators that the brothers rode together to hunt deer off Battle Bridge Road, and that he was armed with an AK-47. While in the field, Marin-Sotelo saw a police vehicle pull up near the truck while his brother was still inside. Marin-Sotelo said he then heard gunshots and saw the truck drive away.

The warrants say that Marin-Sotelo claims to have called his brother, and Marin told him that a police officer had been shot.

Both brothers' cell phones pinged in the vicinity of the crime scene at the time, from 10:47 p.m. to 11:14 p.m. on Aug. 11.

Checking call records and texts, the warrant shows the two phones on the scene shared two calls on July 25, then more than 40 contacts between 4:45 p.m. on August 11 and the afternoon of August 12. Byrd was shot late on August 11.

After Byrd's death, data shows Marin-Sotelo's phone at a home on South Fisher Street in Raleigh, believed to be his home.

According to the warrants, the Wake County Sheriff's Office believes both suspects now have new phones, and investigators were able to link those phones to the suspects’ movements after the shooting, from Fisher Street.

"It is very common for individuals who are involved in criminal activity such as a homicide or drug dealing," the warrant states, "will power off a cellular device to avoid being tracked."

Investigators believe both brothers were getting ready for a long trip with the intent of leaving the area to avoid arrest. The warrant states that the men got gas at two separate gas stations in their respective vehicles.

Law enforcement watched the phones and suspects move around Wake County on Aug. 15 and 16, then travel west to Morganton, where they were taken into custody after a traffic stop.

From the phones, investigators linked a Winston-Salem address to a third brother, Rolando Marin.

Search of multiple vehicles

Rolando Marin, after a traffic stop where he was in possession of marijuana, cash and a gun, told investigators that his brother Arturo paid him $300 to sell a Chevy Colorado – the same make and model of truck believed to be seen on Byrd's dash cam.

Rolando Marin says his brothers sold that truck, which belonged to Alder Marin, to someone known as Beto on Aug. 16.

A warrant states there is probable cause Rolando Marin facilitated the sale and/or concealment and elimination of evidence involved in the case by selling the red 2005 Chevy Colorado. Authorities have since seized the truck as evidence.

Inside the truck, investigators found extended magazines with bullets in them and a black cellphone with a black case. They also seized evidence to show ownership of the truck, photographs and forensic processing of the truck fingerprints, hair fibers, blood, DNA, material fibers, clothing fibers, trace evidence, weapons, ammunition, shell casings and other evidence at the scene or believed to be part of the investigation.

Investigators also searched a Gold Cadillac Escalade seen by authorities driving between the homes of Arturo Marin-Sotelo and Alder Marin.

A warrant states that on Aug. 16 a woman took the Escalade to the DMV to obtain a new registration plate before returning home.

Authorities seized an Apple iPhone with gray backing, a cracked black cellphone with black case, a clear bag of white powdery substance, blue backpack with motorcycle title, clothing, five AK magazines with loaded rounds, bag with five boxes of ammunition, $37 in cash, loose change, dark blue/navy long sleeve shirt, an AK rifle with magazine, a wallet with $542 in cash, miscellaneous cards and a passport.

On Aug. 19, the investigator also obtained a search warrant for a gray 1998 Nissan Sentra. The following is a list of the items seized:

  • Two boxes of federal 9-millimeter ammo (one empty, one full) in Mickey Mouse bag
  • Five 223/556 rounds in Mickey Mouse bag
  • One green note pad
  • A gray wallet with $980 in cash in the front passenger floor board
  • $500 peso bill in wallet
  • Two DMV bills of sale, NC vehicle registration renewal and tag notice located in glove box
  • One white bandana located on driver’s side, side mirror

A judge also issued a warrant on Aug. 19 to search a black Chevrolet Tahoe. Items seized include:

  • Apple iPhone
  • Taraus PT 99 AF 9-millimeter with a loaded magazine
  • Gray backpack with clothing
  • Passport
  • Black backpack with loaded magazine, gun accessories, scope, day planner, bag of Nitrile black gloves, AK magazines, three boxes of blazer 9-millimeter rounds with mixed rounds, box of federal ammo with mixed rounds, box of federal ammo and a motorcycle title
  • Tactical vest carrier
  • Virginia license plate painted black
  • Apple iPhone with black case with red trim, red middle backing
  • Pinkish colored wallet with cash and miscellaneous items inside
  • Black holster
  • AK model
  • Nine AK magazines loaded
  • One fired AK casing

Search warrant on homes in Garner and Raleigh

On Aug. 17, a judge issued a search warrant for the home on South Fisher Street, believed to be Marin-Sotelo’s home.

Authorities seized the following:

  • Two cell phones
  • Tan/camo boots
  • Paper documents
  • An iPhone case
  • Plastic case of .22 amo
  • Four boxes of empty ammunition
  • A Blazer 9-millimeter luge
  • A black balaclava

On the same day, a judge issued a search warrant for another home in Garner. The Wake County Sheriff’s Office investigator petitioned to seal the public release of the search warrant of the home because it would be detrimental to the ongoing investigation.

Authorities seized several items, including:

  • Four AR loaded magazines
  • One empty magazine
  • One AR broke down into pieces
  • One box with ammo
  • An AT&T receipt and bill
  • A box for an iPhone 6
  • A passport
  • Several utility and credit card bills
  • An envelop with a return address from the NC DMV
  • A black cellphone
  • A SIM card
  • A hairbrush
  • Toothbrushes
  • Combs
  • Boots
  • A box with ammo and four magazines
  • Long rifle ammo

Phone records, data, social media accounts also requested

The investigator requested phone records from both AT&T and Verizon Wireless.

The warrants state Marin-Sotelo’s girlfriend told investigators that he obtained a new phone number after the Aug. 11 incident.

Authorities said both suspects used “various cellular devices to communicate with one another during the relevant time frame of this incident.”

On Aug. 25, authorities removed an AT&T sim card from Alder Marin’s home in Garner.

A judge also issued warrants for Gmail and Facebook accounts used by the brothers.

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