HANIA AGUILAR: NC vs. Michael McLellan for kidnapping, rape, and murder of 13-year-old girl *GUILTY PLEA*

1583210671138.png


One year later, Hania Aguilar murder case proceeds slowly in Robeson County
November 2019

One year ago today, agents with the Federal Bureau of Investigation made a dreaded find: The body of 13-year-old Hania Noelia Aguilar.

The Lumberton girl lay face-down, naked, in a pit of water more than 4 feet deep off Wire Grass Road outside of Lumberton.

Hania had been missing for 22 days. A man kidnapped her from her yard in Rosewood Mobile Home Park on the morning of Nov. 5, 2018, while she was waiting for her aunt to drive her to school.

Lumberton police and the FBI reacted quickly when she was taken. An Amber Alert was issued within a few hours. Law enforcement agencies combed the area, asked the public repeatedly for any information and security camera footage that could help, and they conducted electronic dragnets of cellular phone data in search of clues.

A year later, the case against the man accused of kidnapping, raping and murdering Hania appears to be moving at the slow pace typical of the burdened Robeson County justice system.

Defendant Michael R. McLellan of Fairmont was arrested and jailed on Nov. 12, 2018, on an unrelated rape charge amid the Hania investigation. He was charged in Hania’s case on Dec. 8, hours before her funeral.

McLellan was indicted in May, and in early June, the Robeson County District Attorney’s Office announced it would seek the death penalty. A second lawyer, Geoffrey Hosford, has joined the defense team, as required in death penalty cases.




One year ago: Michael McLellan charged in Hania Aguilar murder, kidnapping
December 2019

A year has gone by since Michael McLellan was charged in the death of Hania Aguilar.

McLellan was arrested on 10 felony charges related to the death of Hania Aguilar on Dec. 8, 2018.

An FBI press release said McLellan was arrested for Aguilar’s murder shortly after forensic test results were processed.

34-year-old McLellan was already in custody in connection with an attempted robbery at the time.

The charges are as follows:
  • First-degree murder
  • First-degree forcible rape
  • Statutory rape of a person under 15 years of age or younger
  • First-degree sexual offense
  • Statutory sex offense with a person 15 years or younger
  • First-degree kidnapping
  • Felony larceny
  • Felony restraint
  • Abduction of child
  • Concealment of a death
McLellan made his first court appearance following the arrest on Dec. 10, where he was denied bond.

1583211091949.png
 
Trial continued for man accused in murder, rape of 13-year-old Lumberton girl
North Carolina Superior Court Judge James Gregory Bell has continued the trial of a man accused of abducting and killing 13-year-old Hania Noeila Aguilar from September to sometime early next year.
McLellan's lawyers Emily Byrum and Harold "Butch" Pope filed a motion last month for a continuance due to delays and the withdrawal of an attorney on the case.

Byrum told the judge she was just appointed to help represent McLellan last April and needed more time to prepare.

"It’s our belief that looking at the discovery in this case. In the amount of time that I have been appointed Just since April 1 of last year. We are just not going to be able to effectively represent Mr. McLellan going forward in September. I will tell the court that Mr. Pope and myself, do not have anything as scheduled for trial at this time, starting in 2024. And we will respectfully request as a Court considered, perhaps I could February 2024 trial date," said Byrum.

Pope added this case has a lot of evidence or discovery to still be reviewed.

“There is over 5,000 pages of discovery. And we just don’t represent Mr. McLellan on those 10 charges listed in a motion. We also represent him on unrelated charges. One being burglary and rape. One being strangulation and kidnapping, assault on a female. Another one being a firearm by a felon," said Pope.

Robeson County District Attorney Matthew Scott said he understands the defense's issues, but the case has been on the docket for nearly five years.

“The offense of this date was November 5, 2018. The arrest date was, December 8 of 2018. The state has provided the defense. We believe the discovery. We have been working with the defense. And getting them that discovery, both discovery from the state. But also, discovery from the federal authorities and provided that. This September trial date was set back in December. The state does understand that Ms. Byrum came on April 1st, if I’m not mistaken of last year. However, Mr. Poole has been on , if I’m not mistaken the case, since it’s inception. And I am sure Mr. Pope is very experienced. Ms. Byrum is very experienced. But at least one of the two defense attorneys has been on this case since the inception," said Scott.

Scott told the judge Hania's family is ready to go to trial.

“Not just the state, but the family is ready to proceed to see that this case comes to a resolution. Sooner rather than later. As we stated, it has been since his arrest date in December 8 of 2018. We would be opposed to this motion. We believe September is reasonable, based on all the circumstances. And the state would be prepared to go forward at that time," said Scott.

Hania's mother, Celsa Hernandez, spoke to the judge through a translator.

"She believes they’ve had enough time. If the defendant didn’t give enough time for her daughter to live. Why should he be given a chance for the case to be continued? They’ve gone through a nightmare. And she feels like it’s time for justice to be served. And they miss Hania," the translator said on behalf of Hernandez.

Judge Bell said he understands the family wants to move forward, but he wants to make sure all sides have ample time to prepare.

“I don’t want to put the attorneys in a position where we come up in September, and then we find out we’ve got to continue. And I don’t want a situation where when the attorneys are forced to go into a trial and they’re not ready. And it ends up, we have to try the case a second time. I don’t want to do that. And I understand that y’all want justice as quick as possible, and I’m sure everybody has that same feeling. We just want to do it right the first time. And not have to do it more than once. So, here is my suggestion. Is that I will continue the case in the September calendar. That we put it on the June administrative Murder calendar. And by then, everybody will have a chance to figure out when is the best date to set this for trial in 2024," said Bell.

Both sides will meet in June and another date for trial could be set at that time.
What a bunch of bullsh*t. They did NOT lose all attorneys, one has been there all along and she has been on there for a YEAR. No judge should have to dance to that and September is still months away. If this is considered reasonable time for a defense to prepare, FIVE years PLUS, then God help us all.

And per the norm, the defendant has more rights and say than the victim's MOTHER.
 

February trial set for man accused of kidnapping, killing 13-year-old Hania Aguilar in Robeson County in 2018​

A new trial date has been set for a man accused of kidnapping, raping and killing a 13-year-old girl in Robeson County in 2018, according to a Robeson County court official.

A trial for Michael McLellan is scheduled for Feb. 5, according to Gwen Chavis, the Superior Court trial court coordinator in Robeson County. He had been tentatively set to go on trial on Sept. 18, but a motion to continue the trial was granted in April by Superior Court Judge James Gregory Bell.
 

February trial set for man accused of kidnapping, killing 13-year-old Hania Aguilar in Robeson County in 2018​

A new trial date has been set for a man accused of kidnapping, raping and killing a 13-year-old girl in Robeson County in 2018, according to a Robeson County court official.

A trial for Michael McLellan is scheduled for Feb. 5, according to Gwen Chavis, the Superior Court trial court coordinator in Robeson County. He had been tentatively set to go on trial on Sept. 18, but a motion to continue the trial was granted in April by Superior Court Judge James Gregory Bell.
Another delay of justice in a case that's already five years old.

Notice it doesn't say who requested the delay nor even give a reason for it. September is months away yet and still ample time to prepare so what's the excuse??? Five years is also ample time to prepare.

Absolutely maddening.
 
5 years later: What's next for murder suspect charged in Lumberton teen's death?
It’s been five years following the abduction and killing of 13-year-old Hania Noeila Aguilar of Lumberton.


Michael McLellan, 38, is charged with 10 felonies related to Hania's case, including first-degree murder, first-degree rape and first-degree kidnapping. He's been held without bond since the incident.

Mclellan will stand trial around the last week in February of 2024, according to Robeson County District Attorney Matthew Scott.

The State of North Carolina announced in June 2019 that it is seeking the death penalty against McLellan.

Prosecutors confirmed that the crimes do fit the criteria for the state to seek the death penalty.

They also stated the aggravating circumstances included McLellan’s prior record which consists of violent crimes and the extremely atrocious, heinous and cruel murder of Hania.

McLellan will have two attorneys to represent him in the death penalty case.

Hania's mother, Celsa Hernandez, spoke during a hearing in June through a translator about wanting to move forward with a trial for McLellan.

“She believes they’ve had enough time. If the defendant didn’t give enough time for her daughter to live. Why should he be given a chance for the case to be continued? They’ve gone through a nightmare. And she feels like it’s time for justice to be served. And they miss Hania," the translator said on behalf of Hernandez.
 
5 years later: What's next for murder suspect charged in Lumberton teen's death?
It’s been five years following the abduction and killing of 13-year-old Hania Noeila Aguilar of Lumberton.


Michael McLellan, 38, is charged with 10 felonies related to Hania's case, including first-degree murder, first-degree rape and first-degree kidnapping. He's been held without bond since the incident.

Mclellan will stand trial around the last week in February of 2024, according to Robeson County District Attorney Matthew Scott.

The State of North Carolina announced in June 2019 that it is seeking the death penalty against McLellan.

Prosecutors confirmed that the crimes do fit the criteria for the state to seek the death penalty.

They also stated the aggravating circumstances included McLellan’s prior record which consists of violent crimes and the extremely atrocious, heinous and cruel murder of Hania.

McLellan will have two attorneys to represent him in the death penalty case.

Hania's mother, Celsa Hernandez, spoke during a hearing in June through a translator about wanting to move forward with a trial for McLellan.

“She believes they’ve had enough time. If the defendant didn’t give enough time for her daughter to live. Why should he be given a chance for the case to be continued? They’ve gone through a nightmare. And she feels like it’s time for justice to be served. And they miss Hania," the translator said on behalf of Hernandez.
It's about time. Five years! This is our system today. Also a man who should never have been free and on the streets anyhow or Hania wold be alive today. THAT is also our system today. It was there for us and that is VERY typical although I'm not sure I was aware of how typical at the time as I am now. We thought it was awful. Her poor mother WAITING FIVE, probably SIX by the time this is over.

They have this man dead to rights as far as I can see, what an absolute waste he is even fighting this and putting her mother through all this on top of it. But that's what "they" do...

Our system will never be fixed, it will only get worse. I do consider the blood of many a victim to be on the hands of many an official who lets these animals walk for their first ten violent crimes or more as well as on the hands of the perps. I don't know how they live with themselves.

Don't know a thing about this prosecution team, hopefully they are stellar. I do know Hania was reported missing rapidly and that their LE was on it fast and resolved it fast as i recall but of course she was deed in short order.

I still can't get over just how fast a 13 year old basically right outside her home was taken. May he be fileted and then fried. Harsh words I know in today's pansy climate but some deserve no less and honestly deserve even worse.

May there be justice for Hania and her mother! I'd like to say swift justice but that's been long out the window.
 

Monday marks five years since Lumberton teen’s body found; suspect still awaiting trial​

It’s a somber anniversary for a Lumberton family whose loved one’s body was found in a muddy pit after authorities said she was abducted.

Monday marked five years since the 13-year-old Hania Aguilar’s body was found in a wooded area off Wire Grass Road, but her family is still waiting for justice.

The kidnapping and murder of the teenager sent shockwaves throughout Lumberton and put a national spotlight on the small community.


He was charged with ten felonies, including murder, forcible rape and kidnapping. The state of North Carolina has said it will seek the death penalty, but at this point, WMBF News has not been able to confirm a trial date.

Court records show McClellan is expected to have a hearing in the case on Dec. 4.

WMBF News has reached out to the Robeson County District Attorney’s Office several times to find out what will happen during that hearing. We have not yet heard back.
 

Trial delayed again for man charged in 2018 killing of Hania Aguilar in Robeson County​

The trial for a man accused of kidnapping, raping and killing 13-year-old girl Hania Aguilar in Robeson County in 2018 has been delayed again.

Michael McLellan had been scheduled to go on trial on Feb. 5, but the case was moved to July 22 during a hearing on Tuesday in Robeson County Superior Court, a trial court official said.

It’s the second time the case has been delayed. McLellan had been tentatively set to go on trial in September, but a motion to continue the trial until February was granted last April by Superior Court Judge James Gregory Bell.
 

Trial delayed again for man charged in 2018 killing of Hania Aguilar in Robeson County​

The trial for a man accused of kidnapping, raping and killing 13-year-old girl Hania Aguilar in Robeson County in 2018 has been delayed again.

Michael McLellan had been scheduled to go on trial on Feb. 5, but the case was moved to July 22 during a hearing on Tuesday in Robeson County Superior Court, a trial court official said.

It’s the second time the case has been delayed. McLellan had been tentatively set to go on trial in September, but a motion to continue the trial until February was granted last April by Superior Court Judge James Gregory Bell.
is there a MADDER face than the one I generally use? Shaking fists? This one is good but the face isn't orange or red :angry:

they say it is only the second time it has been delayed. well then explain how five years elapses with no end in sight? FIVE years! I read back a few posts above.

There is not even a reason given ever or excuse, it just gets granted. The first delay they talk of in THIS post is set in September then continued to Feb but then in Feb it was continued to July. Even now we are two months ahead of Feb. so what's the reason for delay? Let's just say it. Because NONE OF THEM CAN DO THEIR JOBS and can mess with the lives of others if they feel like not doing it. Not in any other employment in this country would you not be fired or the business be defunct for running it such a way other than govt. OR get away with such.

They did an outstanding job in this case, LE did. They couldn't save her or find her that soon but they found her pretty quickly and apprehended the perp very darned fast and then it just sits FOR FIVE YEARS. We went three and it was TORTURE. That's a long time with life basically on hold in many ways. A LONG time but pretty typical it seems. Now we see five! Some cases longer even. There just is NO excuse for that? Name one??!! Do your work, get your case together, get your experts, file your stuff etc. On BOTH sides and anyone who deviates from that without a bona fide signed excuse showing you died, someone in your life did or evidence of something else drastic, DO YOUR FRICKIN' JOBS. Anyone who deviates is off the case and out of a job and that court for good.

FAMIILIES deserve justice before they die and they have to cope with their lives in the midst of the worst thing ever well COPE WITH YOURS and DO YOUR JOB.

I did not even read the link I admit it but this post does not even say which side made a motion to continue it. The judge should go too. None of these people would be able to keep jobs in the real world.

I need to stop and get something done as this put me into a blind fit. FIVE YEARS. I think all too are just thinking well that's nothing just like delays, they don't live it, we hear it all of the time, etc. It is not acceptable. It isn't acceptable for the defendant either but hey most are happy to get longer in county than prison and the longer with no conviction the better and the longer before hot grieving relatives can attend and may die the better, and witnesses forget, prosecutors, change, judges change, the better.

Sorry for the outrage but it is a fact that it is out of control and it is WRONG and UNACCEPTABLE.

They are NOT doing their JOBS.
 

Trial date pushed to July for man accused of kidnapping, raping, killing Lumberton teen​

The trial for a man accused of killing a Lumberton teenager has been pushed back again.

The clerk of Superior Court in Robeson County confirmed Michael McLellan’s trial has been moved to July 22.

She said a hearing was held in December where the trial date was pushed back.
 
Another trial delay for man accused of killing 13-year-old Lumberton girl in 2018
The trial of a man charged in the abduction, rape and brutal killing of a 13-year-old girl in November of 2018 has been delayed a second time.

Michael McLellan appeared in court Thursday for a status hearing. He was set to be tried on July 22.

However, one of the lawyers filed a motion asking if she could withdraw because she has another job.

Robeson County District Attorney Matthew School opposed the motion saying it's been nearly six years since Hania Aguilar's death.

Scott told the judge Hania's mother and family have patiently waited in all that time and are ready for McLellan to be tried.

The judge granted the lawyer's request to withdraw. However, he urged the defense to move forward, with haste, to get a second lawyer to represent McLellan.

His lawyer, Harold "Butch" Pope said he already had another attorney in mind.

The North Carolina Office of Capital Defense will appoint McLellan as a second lawyer in this death penalty trial.

At this time, it's not clear when a new trial date will be set.
 
Another trial delay for man accused of killing 13-year-old Lumberton girl in 2018
The trial of a man charged in the abduction, rape and brutal killing of a 13-year-old girl in November of 2018 has been delayed a second time.

Michael McLellan appeared in court Thursday for a status hearing. He was set to be tried on July 22.

However, one of the lawyers filed a motion asking if she could withdraw because she has another job.

Robeson County District Attorney Matthew School opposed the motion saying it's been nearly six years since Hania Aguilar's death.

Scott told the judge Hania's mother and family have patiently waited in all that time and are ready for McLellan to be tried.

The judge granted the lawyer's request to withdraw. However, he urged the defense to move forward, with haste, to get a second lawyer to represent McLellan.

His lawyer, Harold "Butch" Pope said he already had another attorney in mind.

The North Carolina Office of Capital Defense will appoint McLellan as a second lawyer in this death penalty trial.

At this time, it's not clear when a new trial date will be set.
Yeah never a big deal when the victim's family have what they need like drawing breath delayed for years on end. Their lives are on hold just waiting and handling and who cares. Been there. My entire family has. This ONE is SIX YEARS old almost already!!

What an absolutely sh*tty system that such can go on. Best system LMAO. If ours is the best and is so bad then it tells you what all others are.

FIX IT YOU FREAKING FOOLS.
 

Suspect in killing of Hania Aguilar in Robeson County gets new court-appointed attorney; trial date still uncertain​

The man accused of kidnapping, raping and killing a 13-year-old Robeson County girl in November 2018 has a new court-appointed attorney.

Michael McLellan, who allegedly kidnapping Hania Aguilar from a yard in the Rosewood Mobile Home Park in the Lumberton area, was recently provided a new attorney to replace one who in June asked to withdraw from the case because of a change in jobs, Robeson County District Attorney Matt Scott said.

The name of the new attorney was not immediately available. McLellan’s trial had been scheduled for July 22. Scott said a new date has not been set.
 
So another case with a delay of who knows how long.

I'm sure poor Hania would have loved a few more years herself. It's nice they can grant such to defendants though...

Not. :(
 
Remembering 13-year-old Lumberton girl 6 years after abduction, killing
It's been six years, since the abduction and killing of 13-year-old Hania Noeila Aguilar on Nov. 5, 2018, in Lumberton.

The trial of Michael McLellan, the man charged in the abduction, rape and brutal killing of Hania, has been delayed several times.

In June, one of McLellan's lawyers filed a motion asking if she could withdraw because she has another job.

Robeson County District Attorney Matthew School opposed the motion saying it had been six years since Hania's death.

The judge granted the lawyer's request to withdraw. However, he urged the defense to move forward, with haste, to get a second lawyer to represent McLellan.

At this time, it's not clear if McLellan has been appointed a second lawyer.

ABC 15 has reached out to the Robeson County District Attorney's Office to learn of any new developments in McLellan's case.
 
TWO pages on this case Is all. I shall never forget this one. We watched it in almost REAL TIME. Reported quick, hey moved QUICK, found quick but too late, he was arrested quick and LOOK at it. This poor child just outside her own home at THIRTEEN on a school morning.

WHAT the HECK is WRONG with our SYSTEM? I sure hope it gets freaking fixed, because the stupid bullsh*t has failed and CAUSED more damage., more killings, more assaults, and here we sit on this one.

The only other one I ever saw in almost REAL time was I cannot recall the last name but I think Lily, and I was at that "other place" where there was the scanner stuff for members..... I may have the name wrong. Was her uncle anyhow... Sadly I may have her name wrong, been so darned many.
 

Man sentenced in 2018 murder of 13-year-old Hania Aguilar of Lumberton, then tries twice to escape​

A wild sequence unfolded Friday after a man pleaded guilty Friday to first-degree murder in the 2018 death of 13-year-old Hania Aguilar.

Michael Ray McLellan admitted to kidnapping Aguilar from her driveway and then killing her and disposing of her body. He was sentenced to life in prison without the possibility of parole.

He also pleaded guilty to charges of attacks on two other unrelated victims, which occurred in October 2016 and July 2018.

McLellan tried twice to escape from his prison guards -- before and after the hearing.

"I was in the courtroom when he pleaded guilty and gave a little statement to the family and everything, but now, I see all of that was just for show," said Robeson County Sheriff Burnis Wilkins. "He had an escape plan in his mind the entire time."

Wilkins said he wasn't exactly surprised this happened, and said he was thankful his deputies took swift action with a dangerous person.



The sheriff said McLellan first tried to break free while being driven to court using a makeshift handcuff key.

Deputies were able to stop that plan along Interstate 40. But on the way back to prison, McLellan hit a latch of a deputy's gun holster and the weapon was released. Wilkins said at one point, McLellan "actually had possession of the gun."

He said the deputy driving slammed on the brakes and was able to get a hand on the gun as McLellan was pulling it back.

"Little fight took place right there for the gun, and the passenger, detention officer, sprayed him with pepper spray," Wilkins said. "He immediately released the gun and limped back into the seat and said, 'You got me, you got me.'"

McLellan is being held in a high-security area at North Carolina Central Prison in Raleigh.

Wilkins told ABC11 he will speak with the district attorney to determine whether additional charges will be filed.

"Everyone in the Lumberton Police Department is humbled and grateful to bring justice for Hania, her family and this community. This case has shown our relentless commitment and tireless efforts to hold violent criminals accountable for their actions," Lumberton Police Chief Michael McNeill said.
 
Doesn't make much sense to me why you'd plead guilty and then try to escape. Why would you plead not guilty and then try to escape?

And why was an investigator and another LE employee fired and are being investigted in connecton to Hania's case?!

Fired, not put on leave.

Not asking anyone, simply putting out out there that's in the link as well.
 

Forum statistics

Threads
3,009
Messages
240,986
Members
969
Latest member
SamiraMill
Back
Top Bottom