CHAPEL HILL - Two days after Eve Carson was killed about 5 a.m. March 5, police circulated a time-stamped photo to other law-enforcement agencies showing one of the men accused of killing her using her ATM card at 3:55 that morning.

Chapel Hill Police Chief Brian Curran won't say whether he thinks Carson was in her SUV when police say Laurence Lovette drove it to the Bank of America near University Mall, the bank identified on the photo sheet.

About an hour after the ATM camera photographed Lovette, police received a report of gunshots. They found Carson minutes later lying in the street in a quiet neighborhood near UNC-Chapel Hill.

The surveillance photos show a shadowy figure in the SUV's back seat that police think is the other suspect, Demario Atwater. When asked why Atwater would be in the back seat, rather than in the front passenger seat, Curran said, "You know I can't go there. Maybe he was chauffeured around."

Police have not discussed any of the locations where Carson's card was used, and Curran said the department would continue to refrain from discussing them until the police hand the case to the district attorney's office.

"That's when it really starts to become more of a public record," he said.

The slain student-body president was known to leave her downtown home in the early morning hours to work on campus, and her roommates last saw her at 1:30 a.m. March 5 when they went out for the night. Curran said he doesn't know why Lovette and Atwater, both Durham residents, were in Chapel Hill that night.

"I'd just be speculating if I told you because they're not being really chatty about it," he said. "People have the right to not talk to the police when we're asking them questions, and from what I hear, that's where these guys are at right now."

District Attorney Jim Woodall said Lovette or Atwater tried to use Carson's ATM card at multiple locations, but Curran would identify only the Bank of America and a convenience store -- in Durham, according to the photo sheet.

"Those are the ones where I've seen pictures of it," Curran said.

Durham Herald-Sun files a motion

In an effort to learn more about the case, the Durham Herald-Sun filed a motion this week to unseal search warrants on Atwater, Lovette, Lovette's mother's home at 1213 Shepherd St. in Durham, and an apartment at 2507 S. Roxboro St. On Wednesday, Superior Court Judge Allen Baddour ordered the newspaper's motion to be heard April 28.

"I think you'll hear some details on the 28th, and I think you'll hear some details on May 5th," Woodall said. "I presume that judges will want to hear some on what the state alleges the facts of this case are."

Woodall expects Atwater and Lovette to appear in court May 5 on their first-degree murder charges, and he's also considering submitting additional charges to the Orange County grand jury for indictment that day. The evidence that goes to the grand jury will be secret, unlike the evidence presented in open court.

"I can only talk about evidence that has come out in a courtroom," Woodall said.