Thu. Nov 21st, 2019

The North Carolina Beat

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Robeson County D.A. dismissed Attmpt. 2nd degree murder charge against Michael McLellan in 2007

3 min read

Michael McLellan, 34, of Fairmont was charged Friday, Nov. 7, with 10 felonies for kidnapping, raping and killing 13-year-old Hania Aguilar.

Hania Aguilar, 13, of Lumberton, was outside of her home in Rose Wood Mobile Home Park waiting for her family to come out for school on Nov. 5, when she was kidnapped by McLellan.  

On Nov. 28, we wrote a story about McLellan kidnapping and confessing to the murder of Aguilar. The FBI said McLellan was not a person of interest or suspect numerous times at press conferences and that they were still looking for the person responsible. (Click HERE if you missed that)

On Monday, December 10, the Robeson County District Attorney Johnson Britt threw the FBI and Lumberton Police Chief Michael McNeil under the bus when he said that they kept denying our story because they were trying to “build a case beyond a reasonable doubt.”

We here at The North Carolina Beat knew that McLellan was the man responsible and was going to continue put his name out there and expose the lies and cover-ups of law enforcement until he was brought to justice.

During our investigation into McClellan, we found some very strange cases involving him and the District Attorney’s office in Robeson County, but one charge that they dismissed against him was very shocking.

I know I am right when I say that Hania Aguilar would still be alive with us today, had this demonic force been in jail for all the other crimes he’s committed.

The D.A.’S office dismissed an attempted 2nd-degree murder charge against McLellan in 2007. We are still investigating and trying to figure out why the case was dismissed against him.

One local attorney told me that according to the disposition in the file, “It means that the case was dismissed and the DA cannot bring the charges back against the Defendant.”

However, another attorney told us that the case could have been dismissed because of McLellan’s mental incapacity to stand trial.

It’s so damn sickening that if this particular case was dismissed because of his mental incapacity, they may try to pull the same thing in the case of 13-year-old Hania Aguilar.

LOOK AT CASE RECORD BELOW:

Anyone, regardless of their mental capacity, who commits a violent crime needs to be somewhere that they cannot harm innocent victims. State psychiatric hospitals are a regular alternative for any offenders who are found to be unfit to stand trial.


Why were these charges dismissed and McLellan allowed to roam free terrorizing the citizens of Robeson County instead of him being sent to Butner or someplace similar? Maybe the District Attorney’s office needs to be held accountable for their part in Hania Aguilar’s murder since they chose to let this monster back into the community knowing what he was capable of.

What are your thoughts about this?

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15 thoughts on “Robeson County D.A. dismissed Attmpt. 2nd degree murder charge against Michael McLellan in 2007

  1. Her mother needs to sue ever who’s involved in this case….it make no since that they release this man back in the public…..when he was all ready convicted of the same thing almost in 2007..y’all say he has and mental illness but it’s not a illness….he knew what he was Doing…come on now this sick ass bastard needs to be put to death 💀…..and then another thing the law enforcement made us think that the man was still not in custody…they were trying to save their own ass….it took the fbi to come in and solve this case….

    1. The sad part though, with Robeson Countys reputation, she may never see that money because they are gonna drag this case into a number of years before its all over with!

  2. Great work North Carolina Beat. I knew that they were hiding something. This is one reason I’ll be on your side no matter what. You only say the truth.

  3. It seems that there were more than just the 2nd-degree murder charges against him for the 12/31/05 case. He went to prison from: Sentence Begin Date: 01/11/2007
    Actual Release Date: 02/09/2016
    Here are the charges that shows:Intitial: AWDWWITKISI (PRINCIPAL) 12/31/2005 FELON CLASS C Consolidated for Judgement: BURGLARY 1ST DEGREE (PRINCIPAL) 12/31/2005 FELON CLASS D
    Minimum Term 10 years Maximum Term 12 YEARS 9 MONTHS

    I am not defending him or the DA by any means BUT the entire story should be put out there. (And if I missed the above information in your article, I apologize for the oversight.)

  4. That’s exactly the reason the Family has received the support the system failed her and it cost a child’s life no matter what the state pays for or give the family they know beyond a shadow of doubt the system failed

  5. Just like they allow people to leave their house while on full house arrest to beat people up to where they need surgery and nothing being done to them. Still out there doing want they want and hurting people. The pos left and set alarm off to house arrest braclet and the probation officer did not follow up. So now my son has permanent damage to his eye

  6. Give him to the female population of Robeson,and surrounding counties.we would make him know what pain feels like i guarantee karma would b a bitch

  7. I’m so sick of the criminals having more rights then innocent people. Lumberton is not as bad as it seems but the road we are going down by letting cases grow cold and just slapping these people on the hand, its starting to seem like a bad place to live. Laws need to be changed in NC. I bet if the FBI got involved with our other cold cases, they may have more answers for us. I was beat up, raped and then my son was kidnapped all done by my son’s father. None of this would have happened if they had served the warrent. So it took 6 long months for me to get my son back with no help from our system. And yet my son’s father has never been served.who got my son back for me???? ME! And an organization called American Association for lost Children out of Pa. Now we need answers and change. This 13 year old child had no way of defending herself. Her mother couldn’t protect her and now her little sister will have to live with what she saw which were the last moments of Hania’s life. I can’t help think about what she must of been thinking or feeling. I know how her mom was feeling. Its the most helpless feeling in the world. But the death of a child, I can’t even imagine. She didn’t have to die. I’m sick of these criminals claiming to be unstable. I don’t care if they are sick in the head. Wrong is wrong! All of the victims need justice. Hania needs justice. He should be made an example of.

  8. That’s why they feel guilty and donate a four bedroom double wide and 20,000 raise and trying get more donations to furnish the house.
    Then they still trying to cover up everything from the public and protecting him.
    He need to died…. but still wasting taxpayers money but they doing something with Shanyia Davis killer
    To….

  9. I have complete confidence in my friend Johnson Britt. Information was withheld from the public for a time for a reason. He has his man….and by the way…..there is nothing that says McLellan would still be incarcerated 11 years later on the second degree murder charge.

  10. Robeson County law enforcement does not follow the correct rules of law enforcement. Its like they know what all to do to a crminal but don’t do it in the order they should proceed. Its crazy here. They don’t give high bail bonds. Bondsmen are always in the parking lot or the magistrates office, sitting an waiting. I know that jail is crowded but there’s not one person that lives here minds paying another tax dollar to remain safe in our county.l

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