A North Carolina man accused of killing another man in Rock Springs last week is set to appear in Rock Springs Circuit Court today at 9 a.m. for a preliminary hearing.
Charles Kenzell Carter, 27 of Fayetteville, North Carolina is charged with Murder in the First Degree for the alleged murder of 20-year-old Toboris Lee, of Batesville, Mississippi on May 9th.
Carter is accused of stabbing Lee in the parking lot of the Loaf N Jug in a dispute allegedly over ten dollars that Lee owed to Carter and did not intend to pay back.
Carter’s bond was set at $1.5 million cash or surety by Rock Springs Circuit Court Judge Craig L. Jones last Wednesday.
The state is being represented by Prosecuting Attorney Teresa Thybo. Carter has been appointed a Public Defender.
If convicted of Murder in the First Degree, Jones faces possible penalties of death, life without parole, or life imprisonment.
What is a preliminary hearing?
While some states utilize a grand jury for indictments, the state of Wyoming usually utilizes a preliminary hearing to move a felony case forward to district court.
If a defendant is still in jail, they generally get a preliminary hearing within 10 days of being charged. If the defendant is not in jail, then the preliminary hearing usually occurs within 20 days of being charged. The defendant can choose to waive having a preliminary hearing within that time frame or can even choose to waive the hearing altogether.
But what exactly is a preliminary hearing?
Sweetwater County Prosecuting Attorney Daniel Erramouspe explains.
“Basically—what the preliminary hearing is—it’s a probable cause hearing where the state has to show that they have probable cause to charge this person with that felony,” explained Erramouspe. “It’s not a reasonable doubt. Probable cause is a lesser burden to prove.”
In this case, the state will have to establish the elements of First Degree Murder. This includes premeditation and the intent to kill. The state will also have to provide probable cause that they have jurisdiction in this case (that the alleged crime occurred in Sweetwater County) and have someone identify the defendant as the one who allegedly committed the crime.
Erramouspe notes that hearsay is admissible during a preliminary hearing. This allows an officer to testify as to what he or she was told by witnesses rather than requiring the prosecution to call the witnesses to the stand at the hearing.
During a preliminary hearing, the judge (in this case, Rock Springs Circuit Court Judge Craig L. Jones) decides if the case moves forward to District Court, not a jury.
If Judge Jones decides probable cause has been met, then the case will be bound over to District Court. An arraignment will take place in District Court, usually within a week of being bound over. During an arraignment, the defendant enters a plea and bond may be readdressed.
More about this case
Officers were dispatched to the Loaf N Jug located at 2558 Foothill Boulevard in Rock Springs at about 9:30 p.m. on Monday, May 9th and found Toboris Lee on the floor of the store in a pool of blood with people performing CPR.
Lee was taken to Memorial Hospital of Sweetwater County where he died of his injuries shortly after 10 p.m. Court documents say Lee’s injuries included wounds on the lower right abdomen, mid-chest, and left shoulder. Lee also had lacerations near his left eyebrow and on the upper right side of his back.
One witness told Detective Tony Hall that he had seen Charles Carter and Lee in an argument inside the store shortly before the alleged stabbing. The witness said he broke up the fight and thought the argument was over, but it started up again in the parking lot and resulted in Lee being stabbed.
Another witness told Detective Hall that he saw Lee and Carter fighting and said Carter stabbed Lee. The witness said no punches were thrown and described the weapon as a black folding knife with approximately a six inch blade.
According to court documents, Detective Hall spoke with Carter after advising him of his Miranda Rights. Carter allegedly said he was in an argument with Lee because Lee owed him $10.00 and that Lee did not plan to pay him back. Carter went on to state that he was in the van and “everyone started laughing and it made him mad,” according to the documents filed. Carter then said he got out of the van and he didn’t remember anything else.
Carter allegedly acknowledged a confrontation in the store before the alleged stabbing when he thought Lee was going to hit him and he pushed Lee. Carter then said he went outside when Lee confronted him again.
Carter said he felt threatened and defended himself. He told Detective Hall that he pushed Lee and then blacked out.
According to the Facts in Support of Verified Information, Carter next told Detective Hall that the two were in a tussle on the ground for about three minutes before someone broke them apart and he did not remember where Lee went.
Court documents show that officers found a folding pocket knife at the scene with the blade partially extended and apparent blood and biological tissue on the blade. In addition, Carter allegedly had blood on his shoes and on the inside of his right pocket.