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Thread: Shan Edward Carter - North Carolina Death Row

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    Shan Edward Carter - North Carolina Death Row




    Facts of the Crime:

    Shan Carter, a black man given two death sentences after being convicted of first-degree murder in the killings of eight-year-old Demetrius Greene and Tyrone Baker, 30, who were shot at 10th and Dawson streets in February 1997. Both victims were black. Demetrius was shot in his mother's car in February 1997 while Carter shot at Baker, who ran in front of the car where Demetrius was sitting.

    On 24 February 1997, Shan Carter (defendant) was indicted for the first-degree murders of Tyrone Baker and Demetrius Greene. He was also subsequently indicted for discharging a firearm into occupied property, in violation of N.C.G.S. § 14-34.1, and possession of a firearm by a convicted felon, in violation of N.C.G.S. § 14-415.1. Defendant was tried capitally at the 5 February 2001 session of Superior Court, New Hanover County. The jury found defendant guilty on all counts. Defendant's conviction of the first-degree murder of Baker wasbased on a theory of premeditation and deliberation. Defendant's conviction of the first-degree murder of Greene was based on a theory of premeditation and deliberation under the doctrine of transferred intent, and was also based on the felony murder rule with Baker's murder serving as the underlying felony. Following a capital sentencing proceeding, the jury recommended a sentence of death for each murder.

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    No. 03-8367 *** CAPITAL CASE ***
    Title:
    Shan Carter, Petitioner
    v.
    North Carolina
    Docketed: January 13, 2004
    Linked with 03A488
    Lower Ct: Supreme Court of North Carolina
    Case Nos.: (479A01)
    Decision Date: September 11, 2003

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Nov 25 2003 Application (03A488) to extend the time to file a petition for a writ of certiorari from December 10, 2003 to January 9, 2004, submitted to The Chief Justice.
    Dec 9 2003 Application (03A488) granted by The Chief Justice extending the time to file until January 9, 2004.
    Jan 9 2004 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2004)
    Feb 11 2004 Brief of respondent North Carolina in opposition filed.
    Feb 26 2004 DISTRIBUTED for Conference of March 19, 2004.
    Mar 22 2004 Petition DENIED.

    http://www.supremecourt.gov/Search.a...es/03-8367.htm

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    Man on death row seeks new trial in separate killing

    By F.T. Norton
    StarNewsOnline.com

    A Wilmington man on death row for a 1997 shooting over drug money in which his rival was killed and an 8-year-old bystander also died will be in court this week on a motion for a new trial in another murder charge for which he was sentenced to life.

    On Thursday, Shan E. Carter, 39, will ask a New Hanover County judge for a retrial in the killing of Donald Brunson because DNA testing reportedly shows his DNA was not on masks used in the killing, according to a motion filed in New Hanover County Superior Court on Sept. 3. Carter was convicted of first-degree murder, robbery with a dangerous weapon, first-degree burglary and second-degree kidnapping in the Dec. 6, 1996, killing of Brunson.

    According to court documents, three masked men entered Brunson's bedroom, ordered him at gunpoint onto the floor and a struggle ensued in which Brunson was beaten. After binding both Brunson and his girlfriend, the men pulled the bound Brunson from the bedroom, beat him further, stole jewelry and cash and left with the unconscious Brunson in the girlfriend's car. Later that morning, the car, containing masks, was found seven miles from the home and Brunson's body was found 100 yards from the vehicle in the woods.

    In August, Carter was granted a motion to test the masks found in the vehicle for DNA because of new technology that was more sensitive to touch DNA, the motion states.

    "Here the DNA results are favorable because they exclude Mr. Carter from the three masks worn by the perpetrators of the offense," the motion states.

    On Thursday, a judge will determine if the new DNA evidence warrants a new trial.

    Following the conviction in the Brunson case, Carter was convicted in the Feb. 16, 1997, killing of Tyrone Baker and bystander 8-year-old Demetrius Greene.

    In that case, Baker's home was burglarized and $35,000 in drug money stolen, according to court records. Baker confronted Carter at 10th and Dawson streets. When Carter began shooting, Baker ran toward a car holding Demetrius who was waiting in the front seat as his mother approached to take him and his siblings to the toy store, according to court records. A stray bullet from Carter's revolver passed through the windshield of the car Demetrius was in and struck the child in the head, killing him. Baker was struck twice and died nearby.

    Carter was convicted in both murders and sentenced to death.

    The outcome of a new trial in the Brunson case could affect the death penalty sentence in the Baker and Greene case, said Carter's attorney at the original Brunson trial, Capital Defender Rick Miller.

    "If it was determined that he was not guilty in the Brunson case – if that had been used for purposes as aggravating the (death) sentence in (Baker/Greene) case, then it's quite possible he would be entitled to a new sentencing hearing in that case, but it would not overturn the verdict of guilty," Miller said.

    District Attorney Ben David, who tried the Carter case himself as the first murder case he handled when he took office, confirmed Monday that the Brunson killing was used as an aggravating factor to sentence Carter to death in the Greene and Baker killings.

    But, David said, Carter is not an innocent man sitting on death row.

    "He got on the stand and admitted to killing a child and another person," David said. "He's trying to get off death row and get life without parole. He is not maintaining his innocence in the (Greene/Baker) case.

    "I gave all three victims a voice all those years ago and I look forward to giving them a voice again. We're committed to trying Shan Carter to the maximum extent of the law and nothing about these latest tests has changed any of that resolve."

    http://www.starnewsonline.com/articl...9963?p=1&tc=pg

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    Man on death row wants retrial for DNA tests

    NEW HANOVER COUNTY, NC (WWAY) – A New Hanover County judge has to decide whether to give a murderer another trial after his attorney presented new DNA tests at a retrial hearing.

    Shan Carter is on death row for 3 murders, but he wants a re-trial for one of them.

    Carter’s defense attorney asked a judge for a re-trial of the 1996 murder of Donald Brunson, because they say new DNA tests exclude Carter from DNA on some of the evidence.

    District attorney Ben David told the judge today three witnesses in the first trial proved Carter along with 2 other people robbed and shot Brunson to death after tieing him up and putting him in the trunk of his own car. David says they didn’t need forensic evidence to prove that.

    Defense attorney Will Durham says original testing done in 1999 on 3 black ski masks found at the scene showed no DNA, but he says new tests done in 2014 excluded Carter from the DNA. Durham says this kind of finding could affect a jury’s verdict.

    David says Carter is not trying to prove innocence, but trying to get life without parole instead of the death sentence.

    The judge is waiting on documents from the attorneys before he decides whether to give Carter a retrial.

    http://www.wwaytv3.com/2015/05/18/ma...for-dna-tests/

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    Death penalty upheld, new trial denied for killer

    A judge has denied a new trial for a convicted killer who was sentenced to die for his crimes.

    The New Hanover County District Attorney’s Office says this week Judge Jack Hooks denied Shan Carter’s Motion for Appropriate Relief.

    At a hearing in May, Carter, who is on death row for three murders, asked for a new trial of the 1996 murder of Donald Brunson, because they say new DNA tests exclude Carter from DNA on some of the evidence.

    The DA’s office says the judge, in a detailed, 10-page order, Judge Hooks rejected all of Carter’s claims.

    “Shan Carter was convicted by two different New Hanover County juries of killing three people, including a completely innocent child,” DA Ben David said in a news release. “The juries’ two death sentences were appropriate nearly 15 years ago when I tried these cases and they are still appropriate today. We thank Judge Hooks for upholding the juries’ verdicts and insuring that Shan Carter remains on death row.”

    In May, David said Carter was not trying to prove innocence, but trying to get life without parole instead of the death sentence.

    http://www.wwaytv3.com/2015/09/03/de...ed-for-killer/
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    On May 16, 2016, Carter filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/no...hc02108/150121

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    On July 28, 2016, Carter filed an appeal before the US Court of Appeals for the Fourth Circuit.

    https://dockets.justia.com/docket/ci...urts/ca4/16-14

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    Convicted killer sues, claiming a conspiracy to keep him on death row

    NEW HANOVER COUNTY, NC (WECT) - A convicted killer appeared in New Hanover County court Friday for a hearing related to a lawsuit he filed against several defendants he claims are conspiring to keep him on death row.

    Shan Carter, 42, is convicted of killing three people in two separate incidents, including the kidnapping and murder of Donald Brunson on Dec. 6, 1996, and the murders of Tyrone Baker and an innocent bystander, 8-year-old Demetrius Greene, on Feb. 16, 1997.

    In October 2016, Carter filed the lengthy, handwritten federal lawsuit, naming District Attorney Ben David, Governor Roy Cooper (in his capacity as former Attorney General), and his legal counsel on his appeal of his death sentence among others as defendants.

    "Between February 18, 1999 to this present date all the defendants at various times between the said dates joined in conspiracies against the plaintiff consisting of a conspiracy to murder the plaintiff by poisonous lethal injection under the color of law in the state of North Carolina's Death Chamber at Central Prison, in Raleigh, NC, malicious communicating threats to murder the plaintiff, kidnapping the plaintiff, tampering with (a civil rights) victim - witness, mail and or wire fraud, aiding and abetting, and circumventing the state criminal procedure that's federally funded," the lawsuit states.

    In the suit, Carter claims he attempted on at least four occasions to have Cooper investigate his cases because of "trial misconduct," but Cooper refused and "investigated other high-profile, race-based, and political cases."

    On Wednesday, Johnston County Superior Court Judge Thomas Lock allowed Carter's defense attorneys, William Durham and Kristin Parks, to withdraw from his case, as they could not reasonably defend Carter while attempting to defend themselves.

    Before the ruling, Lock gave Carter the option to remove Durham and Parks as defendants from the lawsuit, so they could continue to represent him and not delay his appeal by having new attorneys assigned to defend him. He declined.

    “It’s going to take several months, if not more years,” David explained. We’re ready and have been ready, I’ve been living with this case virtually as long as I’ve been a prosecutor, so I’m pretty familiar with it. It’s going to take new attorneys some time to get up to speed and we’ll certainly meet them in any courtroom to continue to hear this case when they’re ready.”

    Carter is seeking compensatory treble damages of upward of $95 million, an injunction ordering the defendants "cease their racketeering activity," court costs and attorney fees, and a trial by jury.

    David, who was trial counsel when the murders occurred, said this type of legal action was not uncommon for inmates in Carter's position.

    "Increasingly, we are seeing that defendants are shooting the messenger, firing their attorneys or filing lawsuits against them,” David said. “It is not uncommon unfortunately now to see the process being put on trial when the defendant has no other avenue.”

    The murders

    According to court documents, Carter and two other men wearing masks entered Brunson’s bedroom, ordered him and his girlfriend to the floor at gunpoint, fired a shot, and violently beat him. The intruders then took money and jewelry from Brunson, and beat him until he lost consciousness. The men then left with Brunson in his girlfriend’s car.

    Masks were found inside the vehicle when investigators located it later that morning in a wooded area approximately seven miles from their home. Brunson’s body was located about 100 yards from the vehicle with three gunshot wounds in his back and one in his upper right arm.

    Carter was convicted of first-degree murder, second-degree kidnapping, robbery with a dangerous weapon, and first-degree burglary in connection to Brunson’s murder. He was sentenced to life in prison.

    In late 1996, Carter was involved in a number of break-ins and burglaries in Wilmington, including one at Baker’s home, which resulted in the theft of approximately $35,000 in cash, court documents state.

    This incident led to confrontation between Carter and Baker in front of a grocery store located at Tenth and Dawson streets. Carter fired shots at Baker, who ran down Tenth Street. While chasing Baker, Carter fired more shots, two of which hit Baker in his leg and torso.

    Demetrius, who was with his mother heading to a toy store, was hit and killed by a stray bullet that went through a windshield in his mother’s car.

    Baker collapsed nearby, and died a short time later.

    Carter was convicted of two counts of first-degree murder for the killings of Baker and Demetrius, for which he received the death penalty.

    Attorneys call Carter "delusional"

    In February 2015 hearing, Durham and Parks told Judge Jack Hooks their relationship with Carter was "really in a bad place," and that he was "delusional." The hearing was to determine if Carter was competent enough to represent himself in court for his requested retrial. Hooks said he saw no issues with Carter's legal counsel, and kept them on his case.

    In a hearing three months later, Carter claimed post-conviction DNA testing proved he did not murder Brunson, entitling him to a new trial in the case and removal from death row. In September, Judge Jack Hooks denied Carter’s request for a new trial and upheld the death penalty, saying the new testing of old evidence would likely not change the outcome of the original trial.

    http://www.wect.com/story/34201082/c...m-on-death-row

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    In today's orders, the United States Supreme Court declined to review Carter's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Fourth Circuit
    Case Nos.: (16-6996)
    Decision Date: December 20, 2016
    Rehearing Denied: January 30, 2017

    https://www.supremecourt.gov/search....es/16-9073.htm

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    In today's orders, the United States Supreme Court DENIED Carter's certiorari petition again.

    Lower Ct: United States Court of Appeals for the Fourth Circuit
    Case Numbers: (16-6996)
    Decision Date: December 20, 2016
    Rehearing Denied: January 30, 2017

    https://www.supremecourt.gov/search....c/16-9073.html

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