Thursday, 22 June 2017 13:04

Order: Powell eligible for death penalty in racketeering case

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Faced with two counts of murder in a United Blood Nation federal racketeering indictment, Tyquan Powell is eligible for the death penalty, according to an order signed today denying his pretrial release.

United States Magistrate Judge David S. Cayer signed the three-page order in Charlotte.
Powell, of Charlotte, and Lamonte Lloyd, of Scotland Neck, are charged in the murders of Jimmy Ray Daniels Jr. in Scotland Neck and Cheeontah Howard in Gastonia.
In a brief section of the order contained in the federal court record, Cayer notes, “Defendant is charged with two counts of murder in aid of racketeering and eligible for the death penalty.”
Cayer checked off a section which says, “There is a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community …”
The magistrate judge also noted Powell has not introduced sufficient evidence to rebut the presumption and determined, “By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of any other person and the community.”
Cayer also factored in the following in denying pretrial release:

Lengthy period of incarceration if convicted

Prior criminal history

History of violence or use of weapon

History of alcohol or substance abuse

Lack of stable employment

Lack of significant community or family ties to the district

Prior violations of probation, parole of supervised release

Lloyd entered not guilty pleas on nine counts against him. Most of those nine charges reflect the murders of Daniels and Howard.
The original indictment in the case alleges the murders were based on racketeering activity by Lloyd, who goes by the street name Murder Mo and Moo, and Powell, of Charlotte, also known as Savage, who allegedly killed Daniels and Howard with premeditation and deliberation.
Daniels was shot and killed while sitting in his vehicle at Grace and Eleventh streets in Scotland Neck. The state had planned to call Daniels as a witness in the case of Jimmel Horton, which ended in a mistrial. Horton had been charged in the 2013 murders of Monte Hines and Chris Harrison.
In all, 83 members of the UBN were indicted following a five-state raid.

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