NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 *Arrest* #5

[bradalucas]

Hania Noelia Aguilar a 13-year-old kidnapped from a Lumberton NC, mobile home park Nov. 5, 2018, body was found Nov. 27, 2018 by FBI&Lumberton Police Department Searchers several miles from where she was abducted. Police are still searching for evidence in the ongoing Aguilar murder-kidnapping investigation.


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[Doghairrules]

In the Raleigh paper today.

Did the system fail Hania Aguilar?
Did the system fail Hania Aguilar?

 

[Niner]

Can someone here access this court site?

Calendars / Criminal Calendars

For some reason it won't let me in anymore...

If someone can find the court dates for:
Hania’s Case #s 18CR056670-79 - last hearing 3/26.
2016 rape #18CR0001998 - last hearing 4/8
2018 Kidnap Case#18CR055491 Robeson County - last hearing 1/7

TIA!

 

[Gardener1850]

...
At around 7 a.m., Hania’s cousin Kimberly looked out the window of her trailer and saw a man in dark clothing and a yellow bandanna grab 13-year-old Hania from the yard, stuff her into her family’s idling Ford Expedition and drive away as she screamed.

Twenty-two days later, investigators found the eighth-grader’s body in a Robeson County swamp 11 miles away. She had been raped and most likely asphyxiated.

The crimes launched a massive manhunt led by the FBI, sending hundreds of investigators after a killer dressed in black. On Dec. 8, they charged Michael McLellan, a 34-year-old ex-convict from nearby Fairmont.

But as she mourns her daughter’s killing, Hania’s mother Celsa Hernandez is forced to consider a harsher truth: It might have been prevented.

“If this man did crimes before, I don’t see the reason why he’s free,” Celsa Hernandez told a News & Observer reporter in Spanish. “I don’t understand.”

Three separate law enforcement agencies had the power to arrest and detain McLellan for a crimes committed weeks before Hania’s abduction. Had they followed up, he could have been behind bars on Nov. 5 rather than walking to Hania’s yard in the Rosewood Mobile Home Park.

In September 2017, more than a year before Hania’s abduction, the Robeson County Sheriff’s Office received evidence from the state crime lab connecting McLellan’s DNA to a 2016 rape case. No one acted on that evidence until December 2018, after Hania had been found dead.

On Oct. 16, three weeks before Hania’s kidnapping, police in the neighboring town of Fairmont put out a warrant for McLellan’s arrest, accusing him of attempted robbery and second-degree kidnapping in a carjacking gone wrong. That warrant went unserved until Nov. 13, eight days after Hania disappeared.

And on Oct. 17, the state’s Post-Release Supervision and Parole Commission issued a second warrant for McLellan’s arrest, noting he had violated the terms of his recent release from prison. Nothing happened until Nov. 13, while pleas from Hania’s mother grew increasingly desperate.

The failure to arrest McLellan prior to the slaying of a 13-year-old represents a breakdown in the criminal justice system that few working within it are willing to explain or discuss.

Read more here: A wanted man remained free. A girl was murdered. How the system failed Hania Aguilar.

 

[PommyMommy]

Can someone here access this court site?

Calendars / Criminal Calendars

For some reason it won't let me in anymore...

If someone can find the court dates for:
Hania’s Case #s 18CR056670-79 - last hearing 3/26.
2016 rape #18CR0001998 - last hearing 4/8
2018 Kidnap Case#18CR055491 Robeson County - last hearing 1/7

TIA!

This is strange... I couldn't find any records using those case numbers but did find them searching his name, and the case numbers are different. They all show the same next court date of 7/23/2019. ???

Try this link: Calendars / District and Superior Court Query

 

[Niner]

Okay - I "see" a typo on Hania's case # - it is listed on the attached you posted & the rape case is also on 7/23.

The other case - kidnapping is in Robeson County, if that makes a difference. I couldn't open the link you provided - no access for me....

Thank you for checking for me PommyMommy!

 

[PommyMommy]

Okay - I "see" a typo on Hania's case # - it is listed on the attached you posted & the rape case is also on 7/23.

The other case - kidnapping is in Robeson County, if that makes a difference. I couldn't open the link you provided - no access for me....

Thank you for checking for me PommyMommy!

Well, darn it. Let me do some copy/paste then.

Case Number: 18CR055491
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
5224 Felony-POSSESSION OF FIREARM BY FELON 14-415.1
1028 Felony-SECOND DEGREE KIDNAPPING 14-39
1202 Felony-ATT ROBBERY-DANGEROUS WEAPON 14-87

Case Number: 18CR056270
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
0935 Felony-FIRST DEGREE MURDER 14-17

Case Number: 18CR056271
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
1131 Felony-FIRST DEGREE FORCE SEX OFFENSE 14-27.26

Case Number: 18CR056272
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
1112 Felony-STAT SEX OFF WITH CHILD <= 15 14-27.30(A)

Case Number: 18CR056273
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
2391 Felony-LARCENY OF MOTOR VEHICLE (F) 14-72(A)

Case Number: 18CR056274
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
1030 Felony-FELONIOUS RESTRAINT 14-43.3

Case Number: 18CR056275
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
1023 Felony-ABDUCTION OF CHILDREN 14-41

Case Number: 18CR056276
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
0962 Felony-CONCL/FAIL REPORT DEATH CHILD 14-401.22(A1)

Case Number: 18CR056277
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
1104 Felony-FIRST DEGREE FORCIBLE RAPE 14-27.21

Case Number: 18CR056278
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
1107 Felony-STATUTORY RAPE OF CHILD <= 15 14-27.25(A)

Case Number: 18CR056279
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 07/23/2019
Session: AM
Court Room: 003A
Arraigned Offenses
Offense Code Description Statute
1026 Felony-FIRST DEGREE KIDNAPPING 14-39

 

[Niner]

Hey PommnyMommy!!! Thanks a WHOLE bunch! Well at least now they have ALL his cases on one date. Hopefully it will stay that way!

Again...

Can I "tag" you on my other North Carolina cases I can't access??

 

[PommyMommy]

Hey PommnyMommy!!! Thanks a WHOLE bunch! Well at least now they have ALL his cases on one date. Hopefully it will stay that way!

Again...

Can I "tag" you on my other North Carolina cases I can't access??

Uhhhhhhh...how many are we talking about, lol? J/K! Of course, Niner. I'll help if I can.

 

[Niner]

Uhhhhhhh...how many are we talking about, lol? J/K! Of course, Niner. I'll help if I can.

Only 2 oldies & 3 current ones!
I'm a little busy right now - so I shall "tag" you tomorrow! Thank you!

 

[PommyMommy]

MAY 17, 2019
Michael McLellan indicted in murder of 13-year-old Hania Aguilar
The man accused of strangling 13-year-old Hania Aguilar has been indicted in the case.

Michael Ray McLellan, 34, faces charges of first-degree murder, first-degree rape and first-degree kidnapping (among others). He has been in custody since Nov. 13, but court officials confirm his case was recently seen by a grand jury.

That grand jury indicted McLellan in the case. That is a procedural step in moving the case forward in the court system.

[...]

Note: Video attached to this story is from a previous court date for McLellan.

 

[PommyMommy]

MAY 17, 2019
Man charged with Hania Aguilar's murder indicted :: WRAL.com
[...]

Lumberton police charged Michael Ray McLellan with 10 felonies:

• first-degree murder,
• first-degree forcible rape and statutory rape of a person 15 or younger,
• first-degree sex offense and statutory sex offense with a person 15 or younger,
• first-degree kidnapping,
• larceny,
• restraint,
• abduction of a child and
• concealment of a death.

[...]

His next court date is June 3. That hearing is expected to be administrative, an aide to Robeson County District Attorney Matt Scott said.

Another hearing to determine whether McLellan will face the death penalty is expected in the near future, but not at the June 3 hearing, the aide said.

[...]

MAY 20, 2019
Indictment: Race, color a factor in 13-year-old Hania Aguilar’s kidnapping, death
[...]

Those documents, filed May 14, state that was one of the aggravating factors listed in the indictment against Michael McLellan, the man charged in connection with Aguilar’s death.

McLellan was recently indicted on a first-degree murder charge. Another aggravating factor is that, “the offense was especially heinous, atrocious or cruel.”

[...]

 

[PommyMommy]

MAY 22, 2019
Hania may have been taken because of her race, indictments say
[...]

ABC 15 obtained the 10 indictments from Robeson County officials on Wednesday.

[...]

Investigators say the SUV Hania Aguilar was kidnapped in was stolen, resulting in an additional indictment for larceny.

[...]

Along with each indictment are several forms, one of which is a list of factors prosecutors can check off, demonstrating their intention to prove it at trial.

On all 10, a box was checked that read, "The offense was committed against the victim because of the victim's race, color, religion, country of origin or nationality."

There is no word from prosecutors on how they plan to prove that claim in court, but it's more bad news for defendant Michael McLellan.

McLellan's case now moves to Superior Court, where prosecutors have requested pretrial preparations to start within 45 days of the indictment.

[...]

 

[kc1023]

I get so sad when I see Hania's name pop up. So sorry this had to happen. I hope she is resting in peace and knows he will never hurt another innocent girl again.

 

[Niner]

Monday, June 3rd:
*Pretrial Hearing (for Hania’s case) (@ am session ET) – NC – Hania Noelia Aguilar (13) (abducted Nov. 5, 2018, found Nov. 27, 2018) - *Michael Ray McLellan (34) indicted (12/3/18), arrested (11/13/18) & charged (5/14/19) with 1st degree murder, 1st degree forcible rape & statutory rape of a person under 15, 1st degree sexual offense & statutory sex offense with a person under 15, 1st degree kidnapping, felony larceny, felony restraint, abduction of a child & concealment of a death. Held without bond. Lumberton/Robeson County Hania’s Case #s 18CR056670-79
*Charged (12/10/18) & indicted (1/7/19) with 1st degree rape & 1st degree burglary. $5M bond. Revoked (12/10/18). 2016 rape case Case#18CR055491
*Charged (10/15/18) & arrested (11/13/18) with 2nd degree kidnapping, possession of a firearm by felony & attempted robbery with dangerous weapon. (2018 kidnapping case). $2.5M bond. 2018 kidnapping #18CR0001998 Robeson County Re in connection with an Oct. 15, 2018 attack in Fairmont.
12/7/18: Preliminary hearing set for 12/10. 12/10/18: Judge revokes bond (on other case) & denies bond. He appointed 2 attorneys. Next hearing on 12/21.
12/21/18 Update: Next hearings on 1/7/19 (rape), 1/8 (Hania), 3/19 (kidnapping) & 3/26 (Hania).
1/7/19 Update No date for rescheduling on Rape case. 1/8/19: DA asks for continuance hearing set for 4/2 (Hania).
2/13/19 Update: Autopsy released. Chief Medical Examiner stated the girl likely died from asphyxia or suffocation, and her cause of death is listed as "homicidal violence of undetermined means." 3/19/19: Kidnapping: next Status hearing on 7/23.
4/2/19 Update: McLellan not at court hearing; lawyers going over Administrative items. Next hearing (rape) on 4/8. Hearing continued for Hania’s case to 7/23. 4/8/19: Rape case will also be heard on 7/23.
5/14/19: Lumberton police charged Michael Ray McLellan with 10 felonies: 1st degree murder, 1st degree forcible rape & statutory rape of a person 15 or younger, 1st degree sex offense & statutory sex offense with a person 15 or younger, 1st degree kidnapping, larceny, restraint, abduction of a child & concealment of a death. Next court date 6/3. McLellan's case now moves to Superior Court, where prosecutors have requested pretrial preparations to start within 45 days of the indictment.

 

[Niner]

So - do you think the next hearing is on 7/23 @PommyMommy ? Or too early for them to have a new court in the site?

TIA!

 

[PommyMommy]

So - do you think the next hearing is on 7/23 @PommyMommy ? Or too early for them to have a new court in the site?

TIA!

This case is in District Court and is still showing 7/23:

Case Number: 18CR055491
5224 Felony-POSSESSION OF FIREARM BY FELON 14-415.1
1028 Felony-SECOND DEGREE KIDNAPPING 14-39
1202 Felony-ATT ROBBERY-DANGEROUS WEAPON 14-87

The rest of them are in Superior Court and previously showed a court date of 7/23 (see image in post 5) which has now changed to 6/3.



Calendars / District and Superior Court Query

 

[Niner]

Thank you PommyMommy!!

 

[borndem]

An update on Hania Aguilar's case:

Judge rules man could face death penalty if found guilty of Hania Aguilar's murder

Posted 3:39 p.m. today
Updated 5:33 p.m. today
By Natalie Matthews, digital journalist

Lumberton, N.C. — A judge ruled Thursday that Michael McLellan, the man charged with the kidnapping, rape and murder of Hania Aguilar last fall, could face the death penalty if found guilty.
[...]
McLellan was being held in Robeson County jail on an unrelated kidnapping charge when authorities added the charges in Hania's case. He remains in custody without bond in Wake County.

He is due back in court on September 9.

Judge rules man could face death penalty if found guilty of Hania Aguilar's murder :: WRAL.com

 

[borndem]

This is today's docket info on McLellan -- in District Court, so it may be just a scheduling thing, or some other minor detail.

Case Number: 18CR055491
Defendant Name: McLELLAN,MICHAEL
County: ROBESON....Court Date: 07/23/2019
Session: AM...............Court Room: 003A
Citation:

Arraigned Offenses​

Offense Code .................. Description....................... Statute
5224 Felony-POSSESSION OF FIREARM BY FELON.14-415.1
1028 Felony-SECOND DEGREE KIDNAPPING...........14-39
1202 Felony-ATT ROBBERY-DANGEROUS WEAPON...14-87
---------------------------------------------------------------------------
It looks like it's the same docket info as before for some of the offenses, but the murder, etc., is not on the District Court docket now, and there is nothing for Superior Court. Maybe the 6/3/19 hearing (or whatever it was) separated the offenses -- who knoze?? Maybe because of the Death Penalty ruling. IDK. The September date has not been put on the docket yet.