Probation ends mall killing case
A second plea deal is accepted in a 2004 shooting at Southpoint mall in Durham
Benjamin Niolet, Staff Writer, N&O, Nov 29, 2006
DURHAM - Investigators think that the 2004 shooting death of a man in a parking lot at The Streets at Southpoint mall was a case of cold-blooded murder. But they can't prove it.
The case came to an end Tuesday when Julius E. Gray, the second of two suspects, pleaded guilty to a drug charge. The other suspect, Barry Ford Evans, pleaded guilty in October to involuntary manslaughter. Both men are on probation for their roles in the death of Harvey Dennard Wiggins, 23.
"I told Harvey Dennard Wiggins' mother, and I don't do this in many cases, if she wanted to prosecute these two defendants for murder, we will put 12 in the box," Assistant District Attorney Mitchell Garrell said in a plea hearing Tuesday.
Garrell said Wiggins mother agreed to the plea deals.
The problem with taking the case to a jury was that Gray, who cooperated with authorities from the beginning, has always maintained that Wiggins pulled a gun first, Garrell told Superior Court Judge Kenneth Titus.
The shooting happened Nov. 29, 2004.
Gray, 26, was a student at N.C. Central University** who needed a little extra cash, said Bill Thomas, his attorney. Evans offered to pay Gray to drive to the busy mall for a marijuana deal.
Wiggins was looking to buy a large amount of the drug, and he got into the front seat of the car driven by Gray, Garrell said.
What happened next is in dispute.
Gray says that in the middle of a drug deal, Wiggins pulled a gun on him, and Evans fired his own weapon.
Investigators think Evans, who was sitting in the back seat, pulled a gun and shot Wiggins to death. Later someone threw a gun down to make it seem that Wiggins drew first, Garrell said.
The only other witness, who was across the parking lot, had credibility issues, Garrell said.
The difference in stories was the difference between a murder trial and a manslaughter plea for Evans, who was placed on three years' probation and given credit for the 75 days he spent in jail.
On Tuesday, Gray pleaded guilty to conspiracy to sell marijuana. He was placed on two years' probation and ordered to pay more than $1,000 in costs, fines and fees, according to court records. Gray had never been in trouble before and was a strong student before the incident.
http://www.newsobserver.com/145/story/515751.html
** No one dares to get the NCCU story in the lax hoax scandal.