Stewart Trial Set to Start

Robert Kenneth Stewart in court for a hearing last year.

Robert Kenneth Stewart in court for a hearing last year. Glenn M. Sides

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Everything is in place in Albemarle for the start of jury selection Monday in the capital trial of the man charged in a massacre at a Carthage nursing home more than two years ago.

Robert Kenneth Stewart is charged with eight counts of first-degree murder in the shooting deaths of seven elderly patients and a male nurse on March 31, 2009, at Pinelake nursing home. He could face the death penalty if convicted.

He also faces two counts each of attempted murder, assault with a deadly weapon with intent to kill inflicting serious injury and assault by pointing a gun, one count of discharging a weapon into occupied property and one count of assault with a firearm on a law enforcement officer.

Stewart’s court-appointed counsel contended pretrial publicity made it impossible to try the case locally and wanted the trial moved out of Moore County. Senior Resident Superior Court Judge James M. Webb instead ruled that potential jurors would come from Stanly County, but that the trial would take place in Carthage.

With jury selection moved out of county, most of the staff from District Attorney Maureen Krueger’s office will be making the two-hour round trip daily. Assistant District Attorney Peter Strickland, who is prosecuting, plans to stay in Albemarle during that period.

In a surprise move, Krueger recused herself from the case in April to avoid a possible conflict of interest because she had represented Stewart’s mother while still in private practice. Her son had accused his mother of assaulting him, a charge she denies. Krueger negotiated a plea in that case.

Webb had previously denied a motion from Stewart’s attorneys for a court order removing Krueger. She made the decision after consulting with the N.C. State Bar, which oversees and regulates the conduct of attorneys.

Stewart will be kept in the Stanly County jail during jury selection and then be returned to the Moore County jail for the trial itself.

Jurors won’t be sequestered overnight but will be kept together throughout the court day and during lunch breaks, handled by Sheriff Lane Carter’s office. They’ll be brought to Carthage every day by deputies, taken to and from lunch, and then returned to Albemarle at the end of each trial day.

‘It’s Big’

Officials in the Stanly County clerk of courts office are ready.

“The impact on the Stanly County system is big,” Clerk of Court Michael Honeycutt said. “It is big because the courtroom will be used for so many weeks. We will have to move our Criminal Superior Court administrative sessions to a smaller courtroom.”

Family members of murder victims, members of the media and others are expected join hundreds of Stanly County residents summoned for jury service in a crowded downtown Albemarle, with limited parking on a normal day, according to the clerk.

“With extra people in and out of the courthouse, parking is an issue here,” Honeycutt said. “There is not a lot of parking — could be other problems if it carries on longer than we expect. We were told four weeks, but Judge Webb thinks it may go longer.

About 750 people were called by assistant clerk Theresa Lewis, who handles juries for the county. Not all will arrive at court on Monday at 10 a.m. for the first day, however.

“We will have 190 coming in on each of the first three Mondays,” Honeycutt said. “The last group will be 180, if we don’t have a jury by then. In this particular case Judge Webb is going to be taking care of orientation and everything. From what I’ve been able to talk to the judge about, I think he’s got everything organized and ready to go.”

The courtroom in Albemarle is small, and it may be that only members of the jury pool will be admitted during orientation. There’s a bottleneck getting in and out of the building, with metal detector and an X-ray machine checking everybody entering the building.

“This courthouse is locked down only one way in or out generally,” Honeycutt said. “That’s the front door. They have to check everybody in. There has been some discussion as to whether the press can come in until prospective jurors come in — just to make sure we’ve got enough room and chairs for jurors so when they come to court they will be accommodated.”

Stanly County is not much different from Moore County, according to Honeycutt, who taught school there for more than 30 years before his election as clerk of superior court four years ago.

The jury selection process could take several weeks.

Webb heard the last round of pre-trial motions in June, giving final approval to questionnaires members of the jury pool will fill out prior to being questioned by attorneys.

Earlier in June the judge signed an order prohibiting electronic media and still photography “in any courtroom, hallway or lobby at any stage of the trial.”

Shooting at Random

Police say Stewart entered Pinelake Health and Rehabilitation Center on that quiet Sunday morning, after shooting a man in the parking lot outside.

Once inside, they say he roamed the halls apparently shooting helpless elderly residents at random, killing seven of them and a male nurse.

He is thought to have been looking for his estranged wife, Wanda Gay Neal Stewart, who worked at the facility, authorities say.

The couple married for the first time in 1983 and divorced three years later. After marriages to other people ended, the couple married a second time in June 2002. Family members say she left him in February, and he had threatened her.

One witness saw him visit the center a day before the shootings took place. On the fatal Sunday morning, police say Stewart came armed with more than one weapon.

His wife survived by hiding in a bathroom inside the locked Alzheimer’s patient area. Carthage police officer Justin Garner, responding to a number of 911 calls from Pinelake, arrived alone in his patrol car and entered alone what he later described as deathly silent hallways with no one in sight.

Stewart was reloading when the two encountered each other, and a gun battle followed. Garner put an end to the violence by shooting Stewart in the chest just as Steward fired, wounding the officer in the leg.

Garner, the only officer on duty, responding to “shots fired,” went into the home without backup.

“If that’s not heroism, I don’t know what is,” Police Chief Chris McKenzie said the next day at a press conference.

Garner has since left the Carthage force after being accepted for training as an officer in the N.C. State Highway Patrol. He is expected to testify at the trial.

The murders attracted a swarm of state and national media outlets. Television news trucks were a common sight around Carthage in the days after the shootings.

The trial is also expected to generate a great deal of outside media coverage.

Contact John Chappell at jfchappell@gmail.com.

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Comments

Cosmo4slice 1 year, 10 months ago

Too bad Officer Justin Garner, didn't shoot a little straighter, then there would be no reason for a trial. Wonder how much this trail will cost. Good call by DA Krueger, so he dosn't get off on some technicality. He was mad at his wife, and killed all them innocent people, case closed!!!!! I bet $100.00 that insanity come up as a defence. I just can't understand how a Lawyer can repercent someone that is guilty as sin, and work to get him off a murder charge and sleep at night. That why I didn't become a Lawyer, I like to sleep without a guilty concence.

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Scoot 1 year, 10 months ago

Prayers for the victims families. The trial will be like reliving the entire tragedy.

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pantherfan 1 year, 10 months ago

I am a strong death penalty proponent, I think the victim's family ought to get to see him tremble on a gurney. However, this case is going to cost us millions. The DA should take the death penalty off the table and offer a plea with life sentence(s). Terrible, terrible situation. I don't fault the officer's performance - thank God for him - but if he hadn't got shot in the leg, I would imagine he would have delivered a follow up shot.

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rightwingpatriot 1 year, 10 months ago

I really really really hope NC gets their death penalty straightened out in time. One of the drugs used by NC was made in Ky which sold out to an over seas company(no longer made). Im sure 5306 bullets are much cheaper than 500$ of drugs... i agree with you panthenfam!

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Yukonjohn 1 year, 10 months ago

It is too bad the the hero deputy could not have unloaded into this suspect, reloaded, and unloaded into him again. This is a case where there is no need for a trial. This tragedy should have ended that afternoon. Thoughts go out to the families of those affected by this tragedy.

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FarmerAllen 1 year, 10 months ago

Why have a trial? No one denies he did the deed,including him! I say take him out back and put a put a couple in his head!

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Arestorer 1 year, 10 months ago

How about some real capital punnishment.....I always hear that the Death penalty is not a deterant to crime......Thats because the death penalty is never carried out--- Put a rope to the biggest limb of the old oak in front of the old court house a let him swing......People WOULD know that the Death penalty,means death, not a tax payer vacation..

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Cosmo4slice 1 year, 10 months ago

Wonder how many people would show up to a public hanging? I would for a Scurvy Dog like Stewart, or the animals whom killed Emily Haddock. I would pull the handle, go home and ask the wife what's for supper, and sleep like a baby. The lowest form of live on the planet is a child molester or murderer of innocent people.

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