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October 28, 1999Salisbury Post; Rowan County, NC

 Today's Top Story

Deputy death: Murder?
Sheriff wants to seek murder charge against motorcycle rider who led deputy on fatal chase

BY JENNIFER MOXLEY
SALISBURY POST

           
More than a week has passed since Rowan County Deputy Rick Hillard died in a high-speed chase, and the case has come to a standstill.

Davie and Rowan County investigators met with Davie County District Attorney Gary Frank Monday and gave him the information they have, according to Davie Sheriff’s Detective Robert Trotter.

District Attorney Frank has not return calls from the Post.

One key piece of the case — the N.C. Highway Patrol accident report — is not available yet, to other investigators or the public. Highway Patrol officials say they can not release the report until it has been reviewed.

Currently, the Highway Patrol has charged Fred Edward Redmon Jr., 29, of Charlotte, with felony speeding to elude arrest. But Rowan County Sheriff George Wilhelm hopes to seek a felony murder charge.

Redmon’s attorney, Ed Vogler, was unavailable for comment this morning.

Legal sources say, however, that proving a felony murder charge could be difficult.

Under the felony-murder law, a person can be charged with first-degree murder if the death occurs at the same time “a felony is committed or attempted with the use of a deadly weapon.”

The prosecution would have to prove that Redmon’s actions were the “proximate cause” of Hillard’s death. In previous cases, N.C. courts have said that the defendant — in this case, Redmon — had to have a direct, “contributing” role and the deputy’s death was a “natural result” of Redmon’s speeding.

Some legal sources have said that Redmon’s lawyer may argue that the motorcyclist was well ahead of the deputy, did not know of the accident and could not be responsible for the deputy’s speed or driving.

The fatal accident occurred on Oct. 17, as Hillard began chasing a white motorcycle traveling north on U.S. 601 toward Davie County.

The chase turned onto Becktown Road, and Hillard lost control on a sharp curve that slopes downward. His patrol car ran off to the right, crossed over and hit a tree.

A Highway Patrol trooper has said that he thought the motorcyclist and Hillard were traveling more than 70 miles per hour.

Five days after the accident, Redmon turned himself in to Davie County officials accompanied by his lawyer.

Redmon is being held at the Davie County Jail under $100,000 bond.

 

 

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