Enctoday.com

Death penalty sought
September 28, 2004
ROSELEE PAPANDREA
Jacksonville Daily News

An Onslow County judge ruled Monday that a Richlands woman accused of killing a 7-year-old child with poison could face the death penalty if convicted.

Carolyn Futrell, 33, of Richlands, had a Rule 24 hearing and was arraigned in Onslow County Superior Court. She pleaded not guilty to the killing of Kayla Allen who died from insecticide poisoning in August 2003. Futrell was Allen's legal guardian at the time.

Futrell also is charged with felony child abuse.

In the Rule 24 hearing, which was held so prosecutors could officially inform the court they are seeking the death penalty against Futrell, the state argued that Allen's death was "especially heinous, atrocious and cruel," said Ernie Lee, senior assistant district attorney. Assistant District Attorney Mike Maultsby also is prosecuting the case.

In order to seek the death penalty, the state has to prove there was at least one aggravating circumstance involved with the death. There are 11 aggravating circumstances, including "especially heinous, atrocious and cruel," according to N.C. General Statutes 15A-2000.

Onslow County Superior Court Judge Charles Henry decided there was enough evidence to warrant capital punishment if Futrell is convicted. A tentative trial date is scheduled for summer 2005, Lee said.

Futrell, who was represented by attorneys Rick Miller and Kevin Peters of Wilmington, has been in Onslow County Jail since her arrest on May 20 by the Onslow County Sheriff's Department. Miller said he had no comment about the case at this time.

Kayla died Aug. 24, 2003, and investigators spent months piecing together evidence in connection with her death. A medical examiner's report released in January indicated the child died from pesticide poisoning.

A toxicology report released in May indicated she had trace amounts of an antidepressant, nortriptyline, in her liver and a "quantity not sufficient" of another antidepressant, amitriptyline, in her heart blood.

At the time of Kayla's death, Futrell told authorities that Kayla complained of a cold and was given medicine about 10:15 a.m. and put to bed. At some point, Kayla got up to get a bottle of water. Empty water bottles 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 the sink.

A water bottle containing Atroban, a pesticide used to kill flies, was found on Kayla's bed. The same liquid was in her stomach.

When Onslow County Emergency Medial Services arrived at Futrell's home at 333 Futrell Loop Road at 11:14 a.m., the child was warm but her extremities were cold, according to the EMS call report.

EMS noted that Kayla was wearing a clean yellow shirt with flowers on it, and there was no sign of vomit. EMS performed CPR and took Kayla to Onslow Memorial Hospital. Futrell rode with her in the ambulance and when she arrived at the hospital, Futrell couldn't fill out the insurance forms because she was distraught, according to the call report.

Onslow County Department of Social Services received 13 allegations that Kayla was abused or neglected prior to her death. Those allegations were made against both Futrell, who had Kayla in her care since the child was 2 ??nd Nicole Allen, Kayla's biological mother.

Futrell was married to Nicole Allen's brother, Jeff Allen. When Kayla was 5, Futrell and Jeff Allen divorced. Futrell remained the child's guardian. Allen's parental rights were terminated in April 2003.

Contact Roselee Papandrea at rpapandrea@jdnews.com or at 353-1171, Ext. 238.