LUMBERTON – The Chief Justice of the Robeson County District Court on Friday dismissed two requests for bail relief while presiding over the Correctional Court at the Robeson County Courthouse.
Robeson County District Court Chief Justice Angelica Chavis McIntyre has dismissed a request to reduce bail for Fredrick Christopher Cain, who is charged with second degree murder in the June 11 shooting death of his little one friend Kimberly Nicole Smith, 24. Filming took place at the Econo Lodge hotel in Lumberton. Cain was arrested on August 24 and placed in the Robeson County Detention Center on guaranteed $ 200,000 bail, where he remains in custody.
Cain’s attorney, Danny Britt, said he had no violent felony charges on his record. Cain’s only previous conviction was for a Class 1 drug paraphernalia offense, Britt said. The lawyer said Cain was not a danger to society.
“We don’t even think there is a probable cause for the charge he’s accused, Judge,” Britt said.
Britt asked that the bond be lowered to $ 100,000, given Cain’s record and the evidence in the case.
“His current bond of $ 200,000, especially given the time it typically takes for a case to proceed in this manner, that it would be way too high a bond,” said Britt.
“Your honor, the state would oppose it,” said Cameron Bush, Assistant District Attorney for Robeson County.
Lumberton Police Detective Layton Bartley was present and shared details of the investigation with the court. Bartley said the call was initially considered suicide.
“Through my investigations, speaking with the hospital the same day, they said there was no way she could sustain the injuries she sustained from a gunshot wound. self-inflicted, ”Bartley said.
“I sat down for an autopsy and also spoke with the medical examiner. Considering the angle of the gunshot wound, there was no way she could have suffered the self-inflicted fire, ”he added.
Cain admitted to police that he had a gun in his possession and that the two were fighting over the gun, Bartley said.
“He claims he was trying to take possession of the gun, it went off and hit his hand in his possession and hit Ms Kim on the back of the head,” Bartley said.
“As to the other facts of the case, I really have nothing other than his admission that he was in possession of the gun,” Bartley said.
No one else was in the room during the filming. Some neighbors heard the couple arguing and the gunshot, but never heard Kim say she was going to kill herself, Bartley said. Cain told police she made this statement. He also said that Cain’s scar on his stomach also did not support his claim that he was grazed by the bullet.
Some of Kimberly’s family and friends were in attendance on Friday. Her aunt Ella Tilley and her friend Satin Locklear have pleaded for refusing the tear-down link. Kimberly’s cousin Tonya Freeman wore a t-shirt with the words “justice for Kim” on it.
“I don’t think $ 200,000 is enough for him. My niece had two children with him, beautiful little boys who will never have the chance to find out who their mother is, ”Tilley told Justice McIntyre in tears.
“… I believe in my heart that he killed her on purpose and I feel like he shouldn’t deserve a bail reduction today,” Tilley said in the courtroom.
Locklear also said she remembers when the couple stayed by her side for two years.
“She told me on the Thursday before her death that she wanted to come home with me,” Locklear said.
“She would never kill herself,” she said. “And for him to say it was an accident, I’ll never believe it – I’ll never believe it.” He intended to do this because he would threaten her and tell her that if she left him, she would die.
Locklear told the court that Kimberly told him that she had been threatened and that she even heard him threaten her friend.
“Based on what the court has heard regarding the evidence the state must present at this point, the court is not inclined to grant any reduction in the bond,” Justice McIntyre said. “I’m actually surprised the link is what it is. But, this notion is denied at this stage.
Britt has also requested a probable cause hearing in the case. The hearing is scheduled for November 19.
Kimberly’s family members told the Robesonian after the hearing that the couple had been together for about 5 years. They allege that Cain was violent with Kimberly. Family members also told the Robesonian that his body was covered in bruises following the incident on June 11.
Tilley said Kimberly told her family members she was ready to leave Cain. Tilly told the Robesonian she believed this was the reason her niece was no longer alive.
Also on Friday, McIntyre rejected a request to reduce a $ 1.5 million guaranteed bond for a 21-year-old man accused of a 9/11 vehicle shooting that sent a 9-year-old girl to the hospital with serious injuries.
Christian K. Locklear’s bond has remained the same, according to the ruling. Locklear has been charged with assault with a lethal weapon with intent to kill by inflicting serious injury, assault with a lethal weapon inflicting serious injury, conspiracy to felony and unloading a weapon in an occupied vehicle, according to Robeson County Sheriff’s Office. He remains in the Robeson County Detention Center.
Three other people were charged in this case, including two minors.
Retona Sosa was shot in the arm as she and her family members, including her 10-year-old daughter, walked down Moss Neck Road in Pembroke on September 11. His daughter was shot in the head. Sosa attended the hearing and thanked McIntyre for the judgment.
“I’m glad he couldn’t make a connection,” Sosa told the Robesonian on Friday after the hearing.
Her daughter, Estrella, who turned 10 this week, continues to suffer from complications from the shooting such as headaches, she said.
“I just ask that everyone keep praying for her,” Sosa said.
She also shared words of gratitude for all the prayers and kindness shown to her family after the shooting.
Also on Friday, Dejywan Floyd’s affair continued until November 19. Floyd was charged with first degree murder in connection with the shooting death of Julie Eberly, 47, on Interstate 95 in March. Other charges against Floyd include selling or delivering Schedule I controlled substances, unloading a gun in an occupied accommodation / moving vehicle, possession of a firearm by a criminal, possession of a stolen firearm, failure to wear a seat belt in the front seat, resistance to a public official and possession of marijuana. at 1/2 ounce and expired registration card / label.