Found Deceased NC - Hania Noelia Aguilar, 13, abducted and murdered, Lumberton, 5 Nov 2018 #4 *Arrest*

[sloothseeker]

Robeson sheriff investigating why 2016 rape was not linked to Hania Aguilar murder suspect :: WRAL.com

"As the state crime lab worked to reduce a backlog of ignored rape kits last year, it discovered that DNA from the 2016 kit matched McLellan. Britt said that information was sent to the district attorney's office and the sheriff's office, and should have prompted investigators to obtain a new DNA sample from McLellan to confirm the test, but no one followed up. McLellan remained free."

 

[OTPTarheel2018]

I hope the new Robeson sheriff and all county sheriffs around Robeson County with investigate all missing people east of I-95

JMO

 

[oceanstarryeyes]

Delete

 

[Doghairrules]

Could Hania’s murder have been prevented? 2016 evidence ‘fell through the cracks.’
Using a federal database in 2017, the North Carolina state crime lab discovered that a 2016 rape kit sent from Robeson County matched McLellan’s DNA, which was already in the system due to an earlier felony conviction, Robeson County District Attorney Johnson Britt said.

Those results were sent to the district attorney’s office, then forwarded on a disc to the sheriff’s office, according to Britt. Normally, he said, that “hit” would prompt investigators to locate McLellan and take a new DNA sample to confirm the test.

“At some point, it obviously fell through the cracks,” Britt said. “You hate it. You punch yourself.”

The discovery of evidence in the Aguilar case led to the earlier DNA match in the database, triggering charges in the 2016 rape, Britt said.

In the 2016 rape, Britt said, a man removed an air-conditioner and crawled through a window, assaulting a woman at knifepoint after she tried to defend herself with a gun that did not fire.

Whether more action on the 2016 rape case might have prevented Aguilar’s death, Britt said, “That is something we have talked about.”

This is disturbing and horrifying. How could anyone not have followed up???

 

[kkdj]

"As the state crime lab worked to reduce a backlog of ignored rape kits last year, it discovered that DNA from the 2016 kit matched McLellan. Britt said that information was sent to the district attorney's office and the sheriff's office, and should have prompted investigators to obtain a new DNA sample from McLellan to confirm the test, but no one followed up. McLellan remained free."

This should have never happened!

 

[girlhasnoname]

It literally hurts my head to think about the thousands upon thousands of untested rape kits, DNA comparisons, and CODIS matching that has been ignored or piling up in states all across the US. I just have no words.....

 

[PommyMommy]

DA apologizes for missing evidence tying Hania Aguilar's accused killer to 2016 rape
The Robeson County District Attorney is now saying important evidence that investigators missed could've saved 13-year-old Hania Aguilar. She was kidnapped in Lumberton, raped, and killed.

Michael McLellan, 34, was charged with the crime Saturday. The district attorney said he was a possible rape suspect a year ago.

"We were actually meeting with Hania's mother and her stepfather to explain to them what had happened to express my regret and our regret that this had been missed, and likelihood (that) had this gone forward and had we established a case against him, at that time, Hania would not have died. I can't tell you how much that hurts. I can't tell you how sorry I am," district attorney Johnson Britt said.

Britt said McLellan could've been behind bars for life if investigators moved forward and if he was convicted of that 2016 rape, but that never happened.

"I don't know if it got lost at the sheriff's department, if it got buried on somebody's desk, if it got placed in the records division there and just vanished," Britt said.

 

[PommyMommy]

'This hurts': Officials didn't pursue 2016 DNA hit on man accused of killing NC girl
"This hurts," Robeson County, North Carolina, District Attorney Johnson Britt told reporters. "This is like taking a punch to the gut and not being prepared to get it."

The missed opportunity came in 2016 when a victim's rape kit -- for a case in which there was no suspect -- was sent for analysis, Britt said.

The kit was analyzed in 2017, and Britt said the district attorney's office was told there was a hit from the Combined DNA Index System, known as CODIS, meaning that DNA found from the 2016 victim’s rape kit possibly matched DNA of someone already in the system.

Britt said an email including that information was sent to the sheriff’s office, copying the district attorney's office

At that point, Britt said that information should have given the sheriff's office probable cause to seek a search warrant, obtain a DNA sample from McLellan and compare that sample to the 2016 rape kit.

As Britt held the CODIS report in his hand Wednesday, a reporter asked him if the information on that paper could have saved Hania's life.

"Potentially yes, and probably yes," Britt responded.

 

[Lillymac]

It's no wonder there is so much crime there. They can get away with it. JMO

 

[oceanstarryeyes]

So Hania really was a PRINCESS just like her Mom said.

“The casket of Hania Aguilar has been placed on this horse-drawn carriage”

I’m so happy that so many people made sure Hania had the very best they could give her at her end and the support and love to Hanias family was exceptional.

 

[Kale]

JFC this "man" has been free the terrorize women and children to his heart's content, and now Hania is dead. Her poor mom.

Ironic how her dad basically got treated like a criminal for wanting to enter the US and attend her funeral, but this guy didn't get treated like a criminal after raping a woman...

 

[girlhasnoname]

DA apologizes for missing evidence tying Hania Aguilar's accused killer to 2016 rape
The Robeson County District Attorney is now saying important evidence that investigators missed could've saved 13-year-old Hania Aguilar. She was kidnapped in Lumberton, raped, and killed.

Michael McLellan, 34, was charged with the crime Saturday. The district attorney said he was a possible rape suspect a year ago.

"We were actually meeting with Hania's mother and her stepfather to explain to them what had happened to express my regret and our regret that this had been missed, and likelihood (that) had this gone forward and had we established a case against him, at that time, Hania would not have died. I can't tell you how much that hurts. I can't tell you how sorry I am," district attorney Johnson Britt said.

Britt said McLellan could've been behind bars for life if investigators moved forward and if he was convicted of that 2016 rape, but that never happened.

"I don't know if it got lost at the sheriff's department, if it got buried on somebody's desk, if it got placed in the records division there and just vanished," Britt said.

RBBM
SORRY DOESNT MAKE IT OKAY!!!!!!!

I say I'm sorry when I've broken something, sorry when I've hurt someone's feelings, been short or unkind. Those are things you can show sorrow for......but allowing this MONSTER free to roam, rob, rape and murder innocent women and a child??!!

I'm sincerely sorry for CAPS yelling. Crimes against children really get to me, such innocent victims, my mind just does not comprehend these things.

Peace and strength to Hania's family during this time, you raised a wonderful young lady.

 

[borndem]

Here's another -- please forgive if a repeat.
--------------------------------
Prosecutor told Hania’s mother ‘her daughter might be alive’ without evidence mix-up

By Josh Shaffer
December 12, 2018 01:03 PM
LUMBERTON
The mother of Hania Aguilar learned Wednesday that “her daughter might be alive” if the Robeson County Sheriff’s Office had properly handled DNA evidence a year ago, the district attorney said.
[...]
“It was a difficult conversation to have — maybe the most difficult conversation I’ve had with a victim’s family,” Britt continued. “Had it been followed up on, her daughter might be alive.”

Sheriff Burnis Wilkins, elected in November and sworn in earlier this month, said his office will conduct an internal investigation. He noted that fingerprint evidence was sent to his office along with information about the DNA match.
--------------------------------------
Read more here: Prosecutor told Hania’s mother ‘her daughter might be alive’ without evidence mix-up

 

[PommyMommy]

RBBM
SORRY DOESNT MAKE IT OKAY!!!!!!!

I say I'm sorry when I've broken something, sorry when I've hurt someone's feelings, been short or unkind. Those are things you can show sorrow for......but allowing this MONSTER free to roam, rob, rape and murder innocent women and a child??!!

I'm sincerely sorry for CAPS yelling. Crimes against children really get to me, such innocent victims, my mind just does not comprehend these things.

Peace and strength to Hania's family during this time, you raised a wonderful young lady.

I would understand if your entire post was in caps. I feel the same way.
MOO

 

[singlemom]

The DNA failure is just so, so upsetting to me. Poor, poor Hania and her family. The senselessness of it. I am sooo glad he is off the streets but it took the death of Hania and that in your face surveillance video to accomplish that.

 

[Dontknow?]

That's just incredibly sad & awful to know or think about.

It reminded me of Devin Kelley who shot up a church in Texas. 26 died, most of the others wounded. He should have never been allowed to buy a gun. I followed that case back then. The military didn't update their records nor update the FBI with his fingerprints so he was allowed to buy guns and he did.

Our system is far from seamless or flawless or running like a fine tooth comb. If the military is backlogged or shoves the updating to the back burner, FBI can't be efficient, the local police can't find out soon enough in some cases. Here, they had the info and it has to be human error/neglect.

R.I.P. Hania

https://taskandpurpose.com/devin-kelley-ig-report/

“As a result of the investigations, Kelley was convicted by General Court-Martial of an assault on both his wife and stepson, which is reportable to the FBI in accordance with DoD policy. This conviction should have prevented Kelley from purchasing a firearm from a licensed firearms dealer.”

From the Defense Dept.'s investigation into Kelley.

https://media.defense.gov/2018/Dec/07/2002070069/-1/-1/1/DODIG-2019-030_REDACTED.PDF

 

[MollyDDD]

Wow, that's a big screw up. They did run a rape kit through database, they got a match, and nothing was done. Would it have prevented Hania's death? I would presume so, unless they weren't going to send him to prison for rape.

Well I expect Hania’s parents have a lawsuit on their hands now.

 

[cujenn81]

Artist remembers Hania Aguilar in portrait



An artist, who usually creates portraits of fallen police officers and service members, painted a different picture this weekend-- one of Hania Noelia Aguilar.

On Saturday, Dec. 8, the day of the 13-year-old's funeral, Jonny Castro posted a photo of the portrait on Facebook.

"Hania's favorite color was purple, so I painted her wearing an outfit that she would've liked," Castro said in the post. "I added a White Nun Orchid, the Guatemalan National Flower, to her hair."

Arrangements have already been made to ensure that prints of Hania's portrait are hand delivered to her family in North Carolina and Guatemala.

That's awesome!!

 

[kkdj]

Well I expect Hania’s parents have a lawsuit on their hands now.

I would sure think so and they deserve it. OMG they lost their daughter in a horrific way and it totally could have been avoided. OMG!

 

[sbsuzilight]

Does anyone know if the surveillance video of the man walking early on the day of Hania’s abduction was McClellan?