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

[Niner]

Friday, April 14th:
*Status Hearing (2018 kidnapping) (@ am session ET) – NC – Hania Noelia Aguilar (13) (abducted Nov. 5, 2018, found Nov. 27, 2018, in a shallow pond more than 4 feet deep off Wire Grass Road outside of Lumberton) - *Michael Ray McLellan (34/now 38) indicted (12/3/18), arrested (11/13/18), charged (5/14/19) & indicted (additional charges 5/17/19) 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. DA will seek DP.
DNA found in car matched McLellan.
Trial was set to begin in June, 2021 continued until 2022 & continued on 9/18/23.
Court info from 12/7/18 thru 11/10/22 reference post #348 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-18
12/5/22 Update: Hania: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set.
*Charged (12/10/18) & indicted (1/7/19) with 1st degree rape & 1st degree burglary. $5M bond. Revoked (12/10/18). 2016 rape case
Court info from 9/9/19 thru 4/8/22 reference post #348 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-18
12/5/22 Update: Rape/Burglary: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set.
*Charged (2018) with 1st degree kidnapping, 1st degree force sex offense, statutory sex offense with child, larceny of motor vehicle, felonious restraint, abduction of children, concealed/failed to report death of child, 1st degree forcible rape & statutory rape of child.
Court info from 12/5/20 thru 4/8/22 reference post #348 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-18
12/5/22 Update: Sex offense: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set.
*Charged (10/15/18) & arrested (11/13/18) with 2nd degree kidnapping, possession of a firearm by felony & attempted robbery with dangerous weapon. (10/15/18 kidnapping case in Fairmont). $2.5M bond. 2018 kidnapping
Court information from 12/7/18 thru 4/8/22 reference post #348 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-18
9/9/22 Update: Kidnapping: Status hearing on 9/9/22 has been rescheduled on 1/13/23. 1/13/23 Update: Next status hearing on 4/14/23 as an AM session.

 

[Niner]

@PommyMommy - any updates yet? Probably just on the 2018 kidnapping - but maybe something on Hania's case?

TIA!

 

[PommyMommy]

@PommyMommy - any updates yet? Probably just on the 2018 kidnapping - but maybe something on Hania's case?

TIA!

I've made a note to check after noon. I can't find a thing (not even the rape case) and I think it's due to maintenance. MOO

Going to Court | North Carolina Judicial Branch

Find court dates, directions to the courthouse, jury service information, and other information about going to court.

www.nccourts.gov

Planned maintenance to applications expected Saturday and Sunday mornings.

 

[Niner]

I've made a note to check after noon. I can't find a thing (not even the rape case) and I think it's due to maintenance. MOO

Going to Court | North Carolina Judicial Branch

Find court dates, directions to the courthouse, jury service information, and other information about going to court.

www.nccourts.gov

Planned maintenance to applications expected Saturday and Sunday mornings.

 

[PommyMommy]

I tried again, @Niner. Still can't find anything. I don't know what's going on.

 

[JerseyGirl]

https://wpde.com/news/local/hania-noeila-aguilar-michael-mclellan-rape-murder-trial-continued-judge-jury-accused-charged-abducted-home-elizabethtown-road-body-found-wire-grass-road-lumberton-north-carolina

North Carolina Superior Court Judge James Gregory Bell has continued the trial of a man accused of abducting and killing 13-year-old Hania Noeila Aguilar from September to sometime early next year.

Bell made the decision during a hearing Thursday morning at the Robeson County Courthouse.

McLellan's lawyers Emily Byrum and Harold "Butch" Pope filed a motion last month for a continuance due to delays and the withdrawal of an attorney on the case.

Byrum told the judge she was just appointed to help represent McLellan last April and needed more time to prepare.

Pope said COVID has impacted their ability to adequately prepare for trial.

Both sides will meet in June and another date for trial could be set at that time.

@PommyMommy @Niner

 

[Niner]

@PommyMommy - I guess ALL his cases were heard yesterday. I shall change my notes.

Is there anything in the court site about a June hearing date?

TIA!

 

[PommyMommy]

@PommyMommy - I guess ALL his cases were heard yesterday. I shall change my notes.

Is there anything in the court site about a June hearing date?

TIA!

District and Superior Courts of ALL Counties​

04/28/2023


No Results Found

Calendars / District and Superior Court Query

www1.aoc.state.nc.us

 

[Niner]

District and Superior Courts of ALL Counties​

04/28/2023


No Results Found

Calendars / District and Superior Court Query

www1.aoc.state.nc.us

Well - than I shall be back in mid-May! Thanks for checking!

 

[Seattle1]

https://wpde.com/news/local/hania-noeila-aguilar-michael-mclellan-rape-murder-trial-continued-judge-jury-accused-charged-abducted-home-elizabethtown-road-body-found-wire-grass-road-lumberton-north-carolina

North Carolina Superior Court Judge James Gregory Bell has continued the trial of a man accused of abducting and killing 13-year-old Hania Noeila Aguilar from September to sometime early next year.

Bell made the decision during a hearing Thursday morning at the Robeson County Courthouse.

McLellan's lawyers Emily Byrum and Harold "Butch" Pope filed a motion last month for a continuance due to delays and the withdrawal of an attorney on the case.

Byrum told the judge she was just appointed to help represent McLellan last April and needed more time to prepare.

Pope said COVID has impacted their ability to adequately prepare for trial.

Both sides will meet in June and another date for trial could be set at that time.

@PommyMommy @Niner

I am disgusted by how the family of this child has been treated here. To insert Covid as a reason is tired, tiring, and insulting!

From the link in the quoted post:

“The offense of this date was November 5, 2018. The arrest date was, December 8 of 2018. The state has provided the defense. We believe the discovery. We have been working with the defense. And getting them that discovery, both discovery from the state. But also, discovery from the federal authorities and provided that. This September trial date was set back in December. The state does understand that Ms. Byrum came on April 1st, if I’m not mistaken of last year. However, Mr. Poole has been on , if I’m not mistaken the case, since it’s inception. And I am sure Mr. Pope is very experienced. Ms. Byrum is very experienced. But at least one of the two defense attorneys has been on this case since the inception," said Scott.

Scott told the judge Hania's family is ready to go to trial.

 

[PommyMommy]

A good look back at this tragic case.

MAY 1, 2023

https://www.newsobserver.com/news/local/crime/article274837476.html

Hania Aguilar loved purple and science. She played the viola.

 

[Niner]

@PommyMommy - I have in my notes that there should be a hearing coming up in June, but I have not date for all the cases. Is the court site updated yet?

TIA!

 

[PommyMommy]

Here's what I found, @Niner. This is the only case that comes up when I search both District and Superior Courts for all counties. I will never understand this court site. MOO

Calendars / District and Superior Court

www1.aoc.state.nc.us

Case Number: 18CRS056270
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 06/05/2023
Session: PM
Court Room: 002A
Citation:

Arraigned Offenses​

Offense Code	Description	Statute
0935	Felony-FIRST DEGREE MURDER	14-17

 

[Niner]

Here's what I found, @Niner. This is the only case that comes up when I search both District and Superior Courts for all counties. I will never understand this court site. MOO

Calendars / District and Superior Court

www1.aoc.state.nc.us

Case Number: 18CRS056270
Defendant Name: MCLELLAN,MICHAEL
County: ROBESON
Court Date: 06/05/2023
Session: PM
Court Room: 002A
Citation:

Arraigned Offenses​

Offense Code	Description	Statute
0935	Felony-FIRST DEGREE MURDER	14-17

That is Hania's case! Glad to see an update for her! And thank you for checking it out!

 

[girlhasnoname]

This monster defendant should have never been roaming the streets to begin with. He took the life of a sweet and totally innocent young girl. I wonder how the county is doing on all those back logged rape kits now? Grrrrr

I feel so bad for Hania's family. They have been denied justice far, far too long.

 

[Seattle1]

This monster defendant should have never been roaming the streets to begin with. He took the life of a sweet and totally innocent young girl. I wonder how the county is doing on all those back logged rape kits now? Grrrrr

I feel so bad for Hania's family. They have been denied justice far, far too long.

Yes, justice has been denied too long!

If ever there was a case deserving of a wrongful death suit and a negligence claim against an agency, it was this case. I was disappointed when no evidence of notice or intent to sue filed by 2020, and the statute of limitations has long expired now.

I guess the family was suppose to be satisfied and grateful that personnel responsible for letting the monster out of jail were fired.

 

[Seattle1]

Unsealed documents reveal Hania Aguilar's suspected killer was targeting her neighborhood

Hundreds of pages of court documents unsealed on Thursday reveal new information about what led to the arrest of Michael Ray McLellan in the kidnapping and murder of Hania Aguilar.

abc11.com

Feb 14, 2019

ABC11 previously reported that the Robeson County Sheriff's Office had DNA evidence linking McLellan to that rape but the sheriff's office never followed up.

"In all likelihood had this gone forward and we established a case against him at that time, Hania would not have died," Robeson County District Attorney Johnson Britt previously said. "And for that, I can't tell you how much that hurts. How sorry I am."

After the 2016 rape, the rape kit was sent off for testing. In 2017, COTIS -- a federal DNA matching system -- named McLellan as a possible match and immediately notified the sheriff's office.


"What should've happened is that when they received the COTIS hit, that would've given them probable cause to get a search warrant to obtain a known DNA sample from McLellan," Britt said.

But that never happened.

And the newly released documents reveal the egregious nature of the rape case.

According to the affidavit, McLellan removed the air conditioning unit from a woman's home while she was sleeping and went inside. He then forced her, while holding a knife, to perform sexual acts on him and raped her, according to the document.

 

[Seattle1]

McLellan was released from prison in June and was still under post-release supervision when Hania was killed. State records show he was convicted on felony breaking and entering and stealing a car in February and sentenced to serve nine to 20 months in prison. He was given credit for time served.

'I don't know what he was thinking' -- 12/15/2018

McLellan had been incarcerated most of his life -- since he was 16. He was on supervised parole when he murdered Hania. Why did it take so long to capture him? This child deserves better.

 

[girlhasnoname]

Yes, justice has been denied too long!

If ever there was a case deserving of a wrongful death suit and a negligence claim against an agency, it was this case. I was disappointed when no evidence of notice or intent to sue filed by 2020, and the statute of limitations has long expired now.

I guess the family was suppose to be satisfied and grateful that personnel responsible for letting the monster out of jail were fired.

Hania's family are a class act and so humble. I personally would have sued their pants off, he had committed another rape just prior to Hania's abduction and murder and should have been picked up on that IIRC.

MOO

 

[Niner]

Monday, June 5th:
*Status Hearing (Hania) (@ pm session ET) – NC – Hania Noelia Aguilar (13) (abducted Nov. 5, 2018, found Nov. 27, 2018, in a shallow pond more than 4 feet deep off Wire Grass Road outside of Lumberton) - *Michael Ray McLellan (34/now 38) indicted (12/3/18), arrested (11/13/18), charged (5/14/19) & indicted (additional charges 5/17/19) 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. DA will seek DP.
DNA found in car matched McLellan.
Trial was set to begin in June, 2021 continued until 2022 & continued on 9/18/23 & has been continued until next year, no further dates.
Court info from 12/7/18 thru 11/10/22 reference post #348 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-18
12/5/22 Update: Hania: Robeson County DA Matthew Scott said McLellan will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set. 12/5/22 Update: Next status hearing on 4/27/23.
4/27/23 Update: See below.
4/27/23 Update: Next hearing on 6/5/23 pm session.
*Charged (12/10/18) & indicted (1/7/19) with 1st degree rape & 1st degree burglary. $5M bond. Revoked (12/10/18). 2016 rape case
Court info from 9/9/19 thru 4/8/22 reference post #348 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-18
12/5/22 Update: Rape/Burglary: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set. 12/5/22 Update: Next status hearing on 4/27/23. 4/27/23 Update: See below.
*Charged (2018) with 1st degree kidnapping, 1st degree force sex offense, statutory sex offense with child, larceny of motor vehicle, felonious restraint, abduction of children, concealed/failed to report death of child, 1st degree forcible rape & statutory rape of child.
Court info from 12/5/20 thru 4/8/22 reference post #348 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-18
12/5/22 Update: Sex offense: Robeson County DA Matthew Scott said McLelland will be trial on 9/18/23 at a hearing on Monday, 12/5/22. The date remains tentative, however. An administrative court date is scheduled in July, at which time Scott said it will determine whether the trial date will remain the same. A pretrial hearing is expected to be held in mid-2023. No date set. 12/5/22 Update: Next status hearing on 4/27/23. 4/27/23 Update: See below.
*Charged (10/15/18) & arrested (11/13/18) with 2nd degree kidnapping, possession of a firearm by felony & attempted robbery with dangerous weapon. (10/15/18 kidnapping case in Fairmont). $2.5M bond. 2018 kidnapping
Court information from 12/7/18 thru 4/8/22 reference post #348 here:
https://www.websleuths.com/forums/t...-lumberton-5-nov-2018-arrest-5.439361/page-18
9/9/22 Update: Kidnapping: Status hearing on 9/9/22 has been rescheduled on 1/13/23. 1/13/23 Update: Next status hearing on 4/14/23 as an AM session. 4/14/23 Update: Next status hearing on 4/27/23 for all cases.
4/27/23 Update: For ALL cases: North Carolina Superior Court Judge James Gregory Bell has continued the trial of McLellan from September to sometime early next year. Judge Bell made the decision during a hearing Thursday morning at the Robeson County Courthouse. McLellan's lawyers Emily Byrum & Harold "Butch" Pope filed a motion last month for a continuance due to delays & the withdrawal of an attorney on the case. Byrum told the judge she was just appointed to help represent McLellan last April & needed more time to prepare. Pope added this case has a lot of evidence or discovery to still be reviewed. “There is over 5,000 pages of discovery. And we just don’t represent Mr. McLellan on those 10 charges listed in a motion. We also represent him on unrelated charges. One being burglary and rape. One being strangulation & kidnapping, assault on a female. Another one being a firearm by a felon," said Pope. Robeson County District Attorney Matthew Scott said he understands the defense's issues, but the case has been on the docket for nearly five years. Both sides will meet in June & another date for trial could be set at that time. Hania’s case hearing on 6/5/23.