Atwater pleads guilty to federal charges in Carson case

UPDATED 1:13 p.m. with how it will affect state charges.

UPDATED 12:58 p.m. with a statement from Eve Carson’s parents.

 

Demario James Atwater, one of the two men accused of killing former Student Body President Eve Carson, pleaded guilty today to federal charges of kidnapping and carjacking resulting in death, among several others.

His trial was scheduled to begin next month. He is now scheduled for sentencing Sept. 23.

The guilty plea means Atwater recognizes he will receive a sentence of life in prison, according to a press release sent out by federal prosecutors. The state was pursuing the death penalty. It is no longer a possibilty, according to court documents.

Carson’s parents released the following statement: “While we deplore the evil and negligence that led to Eve’s death, we agree with the U.S. Attorney’s decision to accept the plea agreement. We are very grateful for the dedication and hard work that have gone into the investigation and prosecution of this crime.”

They declined further comment on the plea and asked that all questions be directed to the U.S. Attorney’s Office.

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.

April 13, 2010: A judge decides that Atwater’s trial will be held in North Carolina.

Atwater is also facing charges at the state level for first-degree kidnapping and first-degree murder, along with Lawrence Alvin Lovette, who is 19. 

The federal plea bargain will not affect the state’s first-degree murder and kidnapping charges against Atwater, Orange County District Attorney Jim Woodall said.

The state is planning a pre-trial hearing for Atwater’s charges next week in Orange County Superior Court in Hillsborough, tentatively on Wednesday, though it has not been officially scheduled, Woodall said.

“They’re two separate cases,” Woodall said. “Theirs will not affect ours.”

This means Atwater can still face the death penalty if found guilty of the state charges.

Prosecutors say on March 5, 2008, Atwater and Lovette kidnapped Carson from her home, drove her in her car to ATMs to withdraw $1,400, then shot her five times in a neighborhood off East Franklin Street.

Lovette is not facing federal charges, and will not face the death penalty. He was a minor at the time of the crime and is not eligible.