One of the men charged with killing former Student Body President Eve Carson claims he was abused by Durham police during his arrest.
A court document filed by federal defense attorneys Monday links Demario James Atwater’s reportedly rough, abusive arrest with his behavior during police questioning.
If defense attorneys can prove that Atwater, 23, was abused to the point that he felt forced to make statements during questioning, that evidence can be thrown out.
The story so far
-March 5, 2008: Student Body President Eve Carson is found shot to death.
-March 12: Demario James Atwater is arrested.
-March 13: Lawrence Alvin Lovette is arrested.
-March 31: Atwater and Lovette are indicted on charges of first-degree murder.
-April 11: District Attorney Jim Woodall announces plans to pursue the death penalty for Atwater.
-Oct. 27: A federal grand jury indicts Atwater.
-Jan. 16, 2009: The U.S. Attorney General approves plans to pursue the federal death penalty against Atwater.
-Dec. 11: Atwater’s federal defense attorneys ask to move the trial out of state.
But Durham police Chief Jose Lopez Sr. said this is the first he’s heard of any abuse of Atwater. In the two years since his arrest, no complaint has been filed.
His department arrested Atwater on March 12, 2008, just a week after Chapel Hill police found Carson’s body in a neighborhood off East Franklin Street.
“We were just assisting Chapel Hill with taking him into custody, and then we delivered him,” Lopez said.
The court document states that once at the Chapel Hill Police Department, Atwater said on video that during his arrest, he voluntarily laid down flat, arms outstretched, and that Durham police officers stomped his face against the ground. While driving in the police car, Durham police hit him nine or 10 times, Atwater said.
That experience led him to be especially cautious during questioning, his defense attorneys state.
“I’m gonna get my ass kicked first of all because I’m not saying the things that y’all want to know. I’m not saying the things y’all want to hear,” Atwater told Chapel Hill police, according to the document. He continued talking about his arrest experience.
“Some of the officers looked like they were trying to stop the others from doing what they was doing to me, but as soon as we get in the damn Jeep, they started hitting me, too.”
Atwater does not allege that he was abused by Chapel Hill police but said he was continually worried that if he demanded a lawyer he would be beaten or if he took a drink it would be poisoned, court documents state.
When there’s a time difference between abuse and interrogation, UNC criminal law professor Jeff Welty said the courts must determine whether there is reason to believe that the interrogated person was still under the influence of the abuse. That’s one thing Atwater’s attorneys attempted to prove in their court filing.
The document states that during his three-hour Chapel Hill police interrogation, Atwater expressed fears of the physical abuse continuing a total of 78 times and asked for a lawyer five times.
Lawrence Alvin Lovette, 19, is facing the same charges as Atwater on the state level but was not charged on the federal level. Lovette was 17 at the time of the crime and so is not eligible to receive the death penalty. In both state and federal court, Atwater faces charges that could result in the death penalty if he is convicted.
The document states that during his interrogation, officers asked Atwater if he thought he deserved it.
“I understand y’all killing us,” he said. “Because y’all think that we killed this girl so y’all gonna kill us.”
Contact the City Editor at citydesk@unc.edu.
