Prosecutor won't seek execution
ROSELEE PAPANDREA
March 10, 2007 - 12:00AM

Carolyn Futrell

A Richlands woman accused of killing of a 7-year-old girl with poison in August 2003 won't face the death penalty if convicted.

If Carolyn Futrell, 36, is found guilty at trial of the first-degree murder of Kayla Allen, she will receive a mandatory life sentence. Futrell also is charged with felony child abuse inflicting serious bodily injury.

Chief Assistant District Attorney Ernie Lee filed a "notice to not seek the death penalty" in Onslow County Superior Court Thursday. Lee said he couldn't comment about why the state decided not to do so.

A Rule 24 hearing was held in September 2004 so the prosecution could inform the court that it was seeking the death penalty against Futrell, arguing that Allen's death was "especially heinous, atrocious and cruel," according to a Daily News report.

In order to seek the death penalty, the state had to prove at least one of 11 possible aggravating circumstances. [According to News Release 09/28/2004, there were 11 aggravating circumstances] Superior Court Judge Charles Henry decided at the time that there was enough evidence to warrant the death penalty if Futrell was convicted.

A general statute gives the state "prosecutorial discretion" when pursuing a case against a defendant.

"The state, in its discretion, may elect to try a defendant capitally or noncapitally for first-degree murder, even if evidence of an aggravating circumstance exists. The state may agree to accept a sentence of life imprisonment for a defendant at any point in the prosecution of a capital felony, even if evidence of an aggravating circumstance exists," according to N.C. General Statutes 15A-2004.

Kayla died Aug. 24, 2003. A medical examiner's report released in January 2004 revealed she died from pesticide poisoning. A toxicology report released in May indicated she had trace amounts of an antidepressant, nortiptyline, in her liver and a "quantity not sufficient" of another antidepressant, amitriptyline, in her heart blood.

Futrell allegedly told authorities that Kayla was complaining of a cold on the day she died. She was given medicine at about 10:15 a.m. and put to bed. Kayla got up at some point to get a bottle of water. Empty bottles of water were under the left side of the sink. A water bottle that had a pesticide mixture to kill ants was kept under the right side of sink.

Authorities found a water bottle containing pesticide on Kayla's bed. The same substance was found in Kayla's stomach, according to autopsy results.

Futrell, who is being represented by attorneys Rick Miller and Kevin Peters of Wilmington, was in Onslow County Jail under no bond after her arrest in May 2004. In February 2006, Superior Court Judge Russell Lanier set her bond at $200,000. She made bond about a week later and was released.

The Daily News was able to reach Peters. He said he couldn't comment at this time. Futrell's trial is scheduled to begin in June.

Contact staff writer Roselee Papandrea at rpapandrea@freedomenc.com or at 353-1171, Ext. 238.