Attorneys still await DNA evidence

Data from Hunsucker’s personal computer turned over to defense team
Jan. 16, 2013 @ 08:08 AM

Accused killer teen Nick Hunsucker was in Caldwell County Superior Court on Monday in hopes of advancing his case, only to learn attorneys still are awaiting DNA evidence from the N.C. State Crime Laboratory in Raleigh.

Hunsucker’s attorney, Herb Pearce said Tuesday more discovery evidence, including DNA tests, are still not complete.

In October, Superior Court Judge Beverly T. Beal asked attorneys to send a rush letter to the State Lab. A court date of Nov. 26 was set to discuss the findings. The State and defense are still waiting.

Hunsucker is accused of bludgeoning to death his 54 year old mother, Kathy Eller, from the home they shared on Mayfield Drive on the evening of Dec. 18, 2011 Hunsucker was 17 at the time. Eller was airlifted to Carolinas Medical Center. Hunsucker was arrested and charged with assault with a deadly weapon with intent to kill inflicting serious injury and jailed on a $250,000 secured bond. Four days later, Eller died. The following week, a grand jury indicted Hunsucker for murder. He faces a sentence of life in prison without parole if convicted. Prosecutors did not seek the death penalty because of his age.

Pearce believes Hunsucker, who attended South Caldwell High School, has a diminished capacity. Pearce hopes such a finding will allow the court to consider a lesser charge of second-degree murder or voluntary manslaughter.

A future court date was not set after Monday’s court appearance.