Two Sentenced in Addor Murder

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Two suspects who earlier pleaded guilty to a 2008 murder in Addor were sentenced to prison Friday.

In March, Justin Cotton and Martin “Von” McMillan pleaded guilty to second-degree murder and robbery charges for killing Donald Gray “Donnie” Sands Jr., in May 2008.

Sentencing was deferred to this term and left to the discretion of Senior Resident Superior Court Judge James M. Webb pursuant to their plea deals.

He sentenced McMillian to a minimum of 271 months (22.5 years) and maximum of 362 months (30.1 years).

Cotton was sentenced to serve between 300 months (25 years) and 400 months (33.3 years). His sentence was longer because of previous convictions and an additional charge of common law robbery of a pizza delivery man.

Each will get credit for time served waiting for trial.

Cotton had entered what is called an Alford plea, meaning that he felt it was in his best interest to accept the deal without admitting actual guilt.

He had been charged with capital murder and could have faced the death penalty if convicted. Cotton also accepted a deal to plead guilty.

As a condition of their plea arrangements, McMillan and Cotton agreed to testify against each other if called by the state.

Attorneys for both defendants argued for lesser sentences.

“We are arguing over about four years difference, probably,” said Tim Morris, the attorney who represents McMillan. “The top of the range is around 27 years.”

He and Cotton’s attorney, Bruce Cunningham, pushed for sentences possibly as low as 18 years in state prison. Prosecutor Peter Strickland asked for the upper range.

Summarizing the crime, Strickland said physical evidence showed Sands had been shot twice.

One bullet entered behind the left shoulder, passed through his lung and aorta, Strickland said. The second struck him behind the left ear ending in the right temporal lobe of his brain.

During the hearing in March, Strickland said Sands went to Addor to see Elsie Hailey, but she was not at home.

“He saw her door was padlocked,” Strickland told the court. “He confronts Cotton and the defendant, and offers a Seneca cigarette to Cotton.”

Cotton tried to rob Sands, holding him up with a .22 rifle, Strickland said.

“Three shots were fired,” Strickland said. “One hit him in the back and one in the head.”

When Hailey returned to her home, she saw Sands’ car and went to investigate with her flashlight.

“She found Sands bleeding,” he said. “She called 911.”

Investigators collected two .22-caliber shell casings at the scene along with a Coke cup and a cigarette butt. Cotton’s DNA was on it.

The victim’s parents sat in the front row Friday listening to the description of their son’s death.

His mother, Margaret Sands and other family testified during the afternoon session about how much they missed him and urged the two young men who killed him to seek forgiveness and turn their lives around.

“Our relationship was the best I think a mother and a son could have,” Margaret Sands told Webb. “We have been heartbroken since this happened.”

Cunningham noted that Cotton did not pull the trigger and that he basically confessed from the beginning.

He also did something virtuously unprecedented in putting the lead detective on the stand for the defense.

Lt. Bill Mackie, of the Moore County Sheriff’s Department, testified that Cotton’s statements were all corroborated by the physical evidence found at the scene.

Mackie also testified that McMillan gave a number of conflicting statements.

Morris asked for McMillan to be sentenced in the lower mitigated range. He then turned to the Sands family to speak directly to them.

“Mr. Sands, Mrs. Sands, this was not something aimed directly at your son,” Morris said. “It was a senseless, impulsive act.”

Turning back to Webb, Morris said he just wanted the boys to have a chance someday to get out of prison.

Webb studied the briefs and other documents, making notes as he worked. Near absolute silence filled the court.

After some time, Webb picked up the laminated structural sentencing chart and began writing down his sentences, before announcing them.

After the proceeding ended, members of the Sands family came over to hug Strickland and shake his hand.

Contact John Chappell at jfchappell@gmail.com.

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Comments

carolinacountrygirl 2 years ago

I am so sick and tired of murderers getting less jail time than drug dealers. These two should be in prison for life. We miss you and love you cousin Donny!

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rightwingpatriot 2 years ago

50 cent chunk of led is so much more economical...

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sfavela 2 years ago

Maximum sentences for crimes would deter people from committing them. I'm tired of the 'slap on the wrist' approach. While in incarcerated they should have to work to pay for their keep instead of getting a free ride. Make them accountable for what they did and STOP victimizing the victims and their loved ones!

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kbdeese 2 years ago

Donnie was like a big brother to me. He was my uncle's best friend and I knew him my entire life. I still remember the day my sister called and told me that Donnie was murdered in an attempt to rob him. Donnie was not a rich man, but he did have a huge heart and if these individuals would have ASKED Donnie for the money I am almost 100% sure he would have given it to them. Instead, they shot and killed one of the few men in my life that loved me and tried to protect me from the "ugly" in this world. I cannot pick up my phone and call him when I am having a bad day and he will not see my future accomplishments or those of my children. Mr. and Mrs. Sands, you are wonderful people, and the love you showed Donnie shined through him every time I saw him. I miss him and think of him often. I know your lives will never be the same and neither will mine. As for his murderer's, I do hope they find the only one who can save and have mercy on their souls, but I am human and forgiveness is still a hard thing for me to give. In all honesty, I wanted them to get the death penalty, however, living with the knowledge that they took Donnie's life for no reason will hopefully be punishment enough. Maybe their conscious will be their salvation, it seems as if at least one of the men has a conscience, the others, I do not know. However, I do know that they, like everyone else, will one day stand in front of their creator, the True Judge, and answer for this senseless act.

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my3cents 2 years ago

For you two attorneys to ask for less than our family had already conceded to was a low blow. I hope the two of you also can figure right from wrong because these two definitely deserved the death penalty. By conceding to 2nd degree, these two can see their families. Donnie is only left in our memories. My last memory of Donnie was as mentioned on the stand-of him peeking around the refrigerator on Mothers Day three years ago- the day before he was murdered asking "What's for lunch?" with that big loving grin on his face! Having sickle cell anemia has no bearing on whether or not a man is too sick to pull a trigger in a murder and to waste tax payer money @$60/hr bringing an "expert witness" into this case to read his school records, etc and to bring in a specialist fm UNC @ whatever ungodly amount she charges (I'm sure not less than $4-600/hr) who treats sickle cell was rediculous and had no bearing on whether or not either of these man murdered someone else. And Mr. Morris, this was directed at Donnie, in the statements, it is noted that the gun was borrowed "to be used" as you read yourself and later read in premeditated robbery and if my memory serves me right, this is DEFINITELY 1st degree murder, so these boys should be counting their blessings today!!! And for the record, the family said they hope these two can learn to forgive themselves and hopefully they seek forgiveness from Jesus Christ for this senseless act that they have done!

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carolinacountrygirl 2 years ago

thank you, well written. i didn't want to go to court and hear all the bull crap that they would tell. I would hate to be the lawyers and go to sleep knowing i let 2 MURDERERS get only a slap on their wrists instead of the life in prison or death penalty they deserved.

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witness2 2 years ago

What was Mr. Sands, the victim's connection to Addor? We all know that community is known for its drug dealings and violence associated with it. It is sad that someone lost their life due to some guys wanting to rob him. Our system of "justice' just does not work. Sympathy to the family of the victim. I am sure it is painful to have your son killed needlessly. May God forgive those who ask and are sincere about that forgiveness. The attorney for such people will have to answer one day. Who in their right mind would defend a murderer??? Only for the money, which is where their hearts and minds are. Maybe when these outstanding citizens get out of prison, as their attorneys are hoping for they will be able to live with their wonderful attorney who wants them to get out one day. Oh well, the slate will be wiped clean one day because God is the only only one who knows exactly what happened and why. God be with the Sands family

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peacebugs 2 years ago

He was there visiting this girl, who turned out not to be home at the time. In previous articles Donnie asked the a@$%*les where she was and then they proceeded to rob him. She was the one that found him murdered. Miss you cousin Donnie.

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nolabel 2 years ago

I used to work with a sweet lady named Margaret Sands at First Health Moore Regional Hospital. I am just wondering if this is the same family. Either way, I am saddened by the injustice here. These two men took a life. They at the very least deserved to spend the rest of their lives in jail. Why should they have a chance to get out? They did not give Donnie a chance to live. They didn't even have the heart to call the ambulance.

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peacebugs 2 years ago

yes this is Margaret son!! The whole family misses him very much.

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nolabel 2 years ago

Wow peacebugs thanks for that info. I no longer live in NC, so I was out of the loop on this, but now I feel even worse. Mrs. Margaret as I would call her at work is one of the sweetest ladies I have ever had the pleasure of working with. She kept me encouraged many days and always referred to me as "hun." She is just a sweet lady, and her family is in my prayers.

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katydid 2 years ago

These two boys have a chance at life, but my nephew does not. Their moms get to see their sons on Mother's Day and be told "Happy Mother's Day", but not Margaret. Their sons get to tell their fathers' Happy Father's Day, but not Donnie's Dad, Donald. Why should they have a "choice" as to how long their prison sentence is? Donnie did not have a choice as to whether he wanted to live or die, he was just shot like he was not even a human being, but maybe some animal or something. He was a very precious soul. He had a very kind heart, loved everyone, and would give you the shirt off his back if he knew someone needed it. He quit a good paying job to take care of his sick parents, because he loved them so much! But now, not only are McMillan and Cotton's family suffering for what they did, but OUR family suffers every single day because Donnie isn't here. e would just drop in to say hello to his family at any given time. I can see him coming in the door of my house with that "Sands" grin on his face as he always would. I miss him so much and it just isn't fair that his life was "snuffed" just for a little bit of money to pay for a habit. These boys deserved the death penalty, but as stated in the article, I do hope they will ask for forgiveness beore it is too late for them.

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