Thursday, May 20, 2010

MAY 20 -- CONSPIRACY CHARGE OUT, MURDER ONE STAYS

Judge dismisses conspiracy charge against Hayden

May 20, 2010 12:04 PM
LINDELL KAY
Updated at 3:49 p.m.

Conspiracy charges against a former local police chief on trial in the 1972 killing of a Marine have been dismissed.

The jury will consider first-degree murder charges.

After several hours of studying motions and accompanying case law by the defense, North Carolina Superior Court Judge Ken Crow said the state lacked evidence of conspiracy but showed motive and opportunity existed.

"Conspiracy is out; first-degree murder stays," Crow told lawyers Thursday afternoon.


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The state has rested its case in the 1972 shooting death of a Camp Lejeune Marine.

Former Cape Carteret Police Chief George Hayden is on trial for charges of first-degree murder and conspiracy in the 1972 death of Sgt. William Miller.

A neighbor of Miller in 1972 testified Thursday that Hayden threatened Miller before the shooting by saying he had an M-16.

Miller was found dead Sept. 16, 1972 on Western Boulevard. He was killed with a high powered rifle.

The state could not prove that an M-16 was used in the shooting

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