News & Observer | newsobserver.com | Duke grad student was shot in head

Published: Mar 14, 2008 11:10 AM
Modified: Mar 14, 2008 05:28 PM

Duke grad student was shot in head

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The Duke University graduate student found slain in his off-campus apartment in January was shot point-blank between the eyes by a killer who fired a gun through a pillow held tightly against the victim's face.

The details of Abhijit Mahato's death were revealed in an autopsy report released today by the state Office of the Chief Medical Examiner.

The report became public on the same day that a teen accused of killing Mahato, Laurence Alvin Lovette Jr., had first appearance hearings in Durham and Orange counties. Lovette also is charged in the March 5 homicide of Eve Carson, UNC-Chapel Hill student body president.

Assistant District Attorney Tracey Cline offered new details in Durham District Court today about how police connected Lovette to Mahato's killing. Mahato, 29, an engineering graduate student from Bengal, India, was found fatally shot Jan. 18 during what Durham police have called a citywide robbery spree.

Cline said investigators discovered that Mahato's stolen cell phone was used to call Demario James Atwater -- Lovette's co-defendant in the killing of Carson. Atwater, 21, of Durham has not been charged in Mahato's death.

Cline also said that other property belonging to Mahato was found in Lovette's possession. And a vehicle tied to Mahato's slaying was seen at a residence frequented by Lovette, she said.

Durham District Court Judge Craig Brown this morning set Lovette's bond at $3 million. Later in the day, authorities transported Lovette to Hillsborough, where District Court Judge Joe Buckner ordered Lovette held without bail in the Durham County jail.

To represent Lovette, Buckner assigned assistant public defender Karen Bethea-Shields, who is already acting as his attorney in Durham.

"You've got the right to remain silent; you should exercise that right," Buckner told Lovette, who appeared in an orange jumpsuit with hands and feet shackled. "I would advise you to not speak to anybody except your court-appointed attorney."

A probable cause hearing for both Lovette and Atwater in the Carson case is scheduled for March 24 in Hillsborough.

Orange County District Attorney Jim Woodall said he has not yet decided whether to pursue the death penalty against Atwater. Because he is younger than 18, Lovette is not eligible for capital punishment.

"Everybody has to step back and we have to let a little bit of time pass before we make a decision," Woodall said. "This is a very emotional time."

During the Durham hearing this morning, Brown took advantage of the spotlight to urge legislators to pass laws to fight gangs.

"We absolutely, positively need to have anti-gang legislation passed by the General Assembly," Brown said. "I respectfully and sincerely ask the governor to call a special session of the legislature."

Authorities have not said whether Lovette was a member of a gang. There was speculation early in the investigation of Carson's killing that a suspect in a surveillance photo wore a cap suggesting gang affiliation.

Spokespersons for Gov. Mike Easley, House Speaker Joe Hackney and Senate leader Marc Basnight said later today that the legislature already is proceeding on anti-gang measures.

Police in Durham and Chapel Hill have said little about what evidence they have against Lovette and Atwater in Carson's murder. They have said, however, that tipsters led to the arrests after police distributed surveillance photos from an ATM machine and a convenience store.

Both Lovette and Atwater were on probation for breaking-and-entering and related convictions at the time of Carson's killing. In addition, Atwater was on probation for illegally possessing a handgun.

Woodall would not comment today on why Lovette and Atwater were free on probation.

"In any case, the person who has perpetuated a crime, they're responsible," he said.

Atwater is being held in Central Prison in Raleigh for safekeeping.

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