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

Finally! :mad:

JUN 5, 2023
The man charged in the abduction and murder of 13-year-old Hania Noeila Aguilar will stand trial around the last week in February of 2024, according to Robeson County District Attorney Matthew Scott.

McLellan will have two attorneys to represent him in the death penalty case.

A trial for Michael McLellan is scheduled for Feb. 5, according to Gwen Chavis, the Superior Court trial court coordinator in Robeson County. He had been tentatively set to go on trial on Sept. 18, but a motion to continue the trial was granted in April by Superior Court Judge James Gregory Bell.
 
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. :mad:

Law Enforcement in NC has no duty to protect and is protected by sovereign immunity:


The public duty doctrine says that, even when a governmental body has undertaken to protect the public at large, it has no legal duty to prevent harm to specific individuals. When a claim is barred by the public duty doctrine, there is no need to determine whether immunity applies because, in the absence of a duty of care, the plaintiff lacks a valid negligence claim
 
I too typically find the court's search site uncooperative for info on upcoming hearings for the defendant however today, I did have search results for cases in Mecklenburg District and Wake District Courts -- none of which were the correct defendant!

This 13 yr old child was murdered Nov 2018. The 5 year anniversary is soon approaching. :(
 
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.

Bumping facts for dearest Hania. Trial date set for Feb 5, 2024...
 
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So many lawyers surfaced in the wake of South Carolina's Alex Murdaugh trial to support his victims. It's heartbreaking to see how nobody in North Carolina has come to the forefront to assist this mother in getting justice for her child, a young brown girl who did nothing wrong but get ready for school on a November morning. :mad:


5/1/23

Celsa Hernandez, Hania’s mother, asked a judge at an April 27 pre-trial hearing for the case to go ahead as scheduled in September.

[..]

The case was continued and rescheduled for early 2024.

Superior Court Judge Greg Bell told Hernandez that it can take five years post-pandemic for a murder case to go to trial. He said he’d rather delay now than days before a trial in September, or make a mistake and have to do it all again.
 

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