Explained: Homicide Cases

Explained is an occasional series from the Durham DA’s Office providing information and context about the court process.

While they make up a small portion of court cases overall, homicides are among the most serious and difficult criminal matters that the Durham DA’s Office prosecutes. The court process — which can take years — can be stressful for victims’ families. This post describes the general court process for homicides, the role the DA’s Office has in these cases, and some resources for those who have lost a loved one to homicide in Durham.

What is the court process for homicide cases?

The Durham DA’s Office generally has about 60 to 70 homicides pending at a time, some involving multiple victims and/or defendants. Most homicide cases are assigned to the Office’s Homicide & Violent Crimes Team. Cases may also be assigned to the Special Victims Unit, Juvenile Team, or Traffic Team depending on the circumstances.

The District Attorney’s Office does not receive cases unless and until criminal charges are filed (you can read more about the what the DA’s Office does here.) However, the Durham DA’s Office frequently consults with law enforcement pre-charge in homicide cases to ensure there is sufficient evidence to move forward. This means the Office may be involved in a homicide case, and it may even be assigned to a prosecutor, before charges are filed. Otherwise, the case is assigned after an arrest is made.

Upon receiving the case, the assigned prosecutor and support staff then reach out to the victim’s family to arrange a first meeting. The DA’s Office receives their contact information from law enforcement. At the first meeting, the prosecutor will ask the family to select one point of contact to communicate with throughout the case.

After the case reaches the DA’s Office, law enforcement and prosecutors will continue to compile and examine evidence in the case. Several kinds of court proceedings might be held. Two of the most common are homicide status conferences and bond hearings.

• Homicide Status Conference: These administrative court settings happen four times each year in January, April, July and October. The purpose is to review the status of every pending homicide case in an effort to keep these cases from stalling. Because this is an administrative proceeding, defendants may not always be present and there may be no action taken other than to state the status of the case and continue it to a different day.
• Bond hearings: Bond hearings are held when the defendant asks the court to review the conditions he or she is required to meet in order to be released from jail pretrial. The judge will consider the arguments of both the prosecutor and the defense. Family members of the victim may be given the opportunity to speak, if they wish. Read more about how bond is set here.

The charges filed in a homicide may change as the case goes through the court process. Prosecutors may review the case and determine that a different charge fits the evidence more accurately. Or, a charge may be reduced as part of an agreement for the defendant to plead guilty.

What are the potential case outcomes?

• Plea: Prosecutors may offer the defendant a plea arrangement, where the defendant agrees to plead guilty to certain charges and sometimes a particular sentence. The vast majority of criminal cases in Durham and across the country are resolved by plea. The DA’s Office may agree to dismiss or downgrade certain charges. In deciding what offer to make, prosecutors will consider the evidence available, the wishes of the victim’s family, and the appropriate sentence.
• Trial: A defendant may reject plea offers and choose to go to trial, or the DA’s Office may decline to offer a plea arrangement. A homicide trial may last several weeks. Experts and witnesses in the case, including the victim’s family members, may be called to testify. If the jury finds the defendant guilty, the judge will order a sentence based on the charge and the defendant’s prior record level. Appeals and other post-conviction motions claiming errors in the case are more common after trials than after pleas.
• Dismissal: When the Durham DA’s Office dismisses homicide charges, it is most often because there is not enough evidence to prove the defendant is guilty. If there is not enough evidence to support the charge, prosecutors have an ethical obligation to dismiss it. A higher standard of evidence is required for prosecutors to secure a conviction than the standard required for police to file charges. Enough evidence to charge a person may not be enough to prove their guilt in court. Homicide charges could also be dismissed for other, less common reasons, including as part of a plea arrangement or because federal authorities are pursuing charges in the case.

Why do homicide cases take so long to resolve?

Homicide cases are extremely serious and there is extensive evidence involved. Evidence in a homicide case may include witness testimony, video, cell phone records, ballistics, fingerprints, and more. It may take many months for this evidence to be gathered, tested (if necessary), provided to the DA’s Office, and reviewed. In addition, prosecutors are legally obligated to turn over most evidence to the defendant’s attorney. This process, known as discovery, can also take a long time.

Because of the amount of evidence, how long the process takes, and the severity of the charges, there are often court hearings that need to be held regarding evidence in the case and the defendant’s rights. If there are multiple co-defendants in a case, the processes described above must be repeated for each. Delays may also occur if the case is assigned to a new ADA or defense attorney attorney, who then must get up to speed on the case.

What should victims’ families know about the court process?

If you have lost a loved one to homicide and have a pending case with the Durham DA’s Office, it’s important to know:

• You have rights as a crime victim under the law, which include the right to be informed about the court process if you want to be. For this reason, it is crucial that families update the DA’s Office about any changes to their contact information. We are committed to upholding your rights and treating you with honesty and respect.
• The criminal legal process is largely focused on the defendant and is designed to protect the defendant’s rights. This can be frustrating for many families. We understand the court process can be traumatic, and that no outcome in court will make up for your loss.
• It is a common misconception that the DA’s Office represents victims in criminal cases. Prosecutors represent the State, which means it’s their duty to advocate for the interests of the community as a whole, which includes victims. We will uphold your rights, treat you with respect, and include you in making decisions about the case. We also have an obligation to uphold defendants’ rights, follow ethical rules, and make decisions that are fair and based on the available evidence.
• The court process could take several years. It may feel like nothing is happening for periods of time, but know that our staff are working to review evidence in the case, fulfill our constitutional obligations, and reach a fair outcome.

What resources are there to help families of homicide victims in Durham?

The Religious Coalition for a Nonviolent Durham (RCND) offers support to families of homicide victims, both in and out of court. The DA’s Office and RCND also partner together to quarterly lunches with families in pending homicide cases to build community and share information. DA’s Office staff will contact families with information about these sessions before they are held.

The NC Victims Assistance Network offers a range of resources — including support groups, court advocacy and some financial assistance — for loved ones of homicide victims. NC VAN also shares helpful information for navigating funerals and estates. Support groups are being held online during the COVID-19 pandemic.

Families of homicide victims are eligible for compensation from the state. Victim compensation may be used for medical care, counseling, lost wages and funerals. DA’s Office staff will provide you with information about victim compensation as they help you navigate the court process. Additional information about the victim compensation program can be found here.

Find more resources on our “Victim Resources” page.