FILED
DATE: February 14, 2025 File No.
STATE OF NORTH CAROLINA TIME:10:56: 00AM 23 CRS 283968
NEW HANOVER COUNTY In The General Court Of Justice
New Hanover CLERK OF SUPERIOR COURT
County Superior Court Division
STATE VERSUS
Name Of Defendant NOTICE OF AGGRAVATING FACTORS
Christopher Todd Evans G.S. 15A-1340.16(a6)
Pursuant to G.S. 15A-1340.16(a6), the defendant is hereby notified that the State of North Carolina intends to prove the existence of aggravating factor(s)
under G.S. 15A-1340 16(4) and/or the existen ce of a prior record level point under G.S. 15A-1340.14(b)(7), as indicated below.
AGGRAVATING FACTORS
The State intends to prove the following aggravating factors:
1. The Defendant: a. induced others to participate in the commission of the offense.
x b. occupied a position of leadership or dominance of other participants in the commission of the offense.
2. The defendant joined with more than one other person in committing the offense and was not charged with committing a conspiracy.
2a. The offense was committed for the benefit of, or at the direction of, any O
(for offenses committed Dec. 1, 1997 Nov. 30, 2017) criminal street gang,
-
O
(for offenses committed on or after Dec. 1, 2017) criminal gang as defined by G.S. 14-50.16A(1), with the specific intent to promote, further, or
assist in any criminal conduct by gang members, and the defendant was not charged with committing a conspiracy.
3. The offense was committed for the purpose of: (Ja. avoiding or preventing a tawful arrest. (]b. effecting an escape from custody.
4 The defendant was: [Ja. hired to commit the offense. paid to commit the offense.
5. The offense was committed to: La.
disrupt b. hinder Othe lawful exercise of governmental function or the enforcement of laws.
a
6. The offense was committed against or proximately caused serious injury to a present or former law enforcement officer, employee of the
Department of Public Safety or the Department of Adult Correction, jailer, fireman, emergency medical technician, ambulance attendant, social
worker, justice or judge, clerk or assistant or deputy clerk of court, magistrate, prosecutor, juror, or witness against the defendant, while engaged in
the performance of that person's official duties or because of the exercise of that person's official duties.
14-163.1 or death to a law enforcement agency animal
an assistance animal, or a search and rescue animal (for offenses committed on or after Dec. 1, 2009) as defined in G.S. 14-163.1, while engaged in the
performance of the animal's official duties.
7 The offense was especially heinous, atrocious or cruel.
8. The defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be
hazardous to the lives of more than one person.
C] 9. The defendant held
Oa. (for offenses committed prior to Dec. 1, 2012) public office at the time of the offense and the offense related to the conduct of the office.
b. (for offenses committed on or after Dec. 1, 2012) public elected or appointed office or public employment at the time of the offense and the offense
directly related to the conduct of the office or employment. (NOTE: See the charging requirement in G.S. 15A-1340.16(9.)
C] 9a The defendant is a firefighter or rescue squad worker, and the offense is directly related to service as a firefighter or rescue squad worker.
(for offenses committed on or after Dec. 1, 2013)
The defendant: a. was armed with a deadly weapon at the time of the crime. Jb.
used a deadly weapon at the time of the crime.
O10a The defendant committed the offense on the property of a hospital as defined in G.S, 131E-76. (for offenses committed on or after Dec. 1, 2023)
1b The defendant committed the offense on the property of a medical practice which is defined as a professional corporation organized under or subject
to Chapter 55B of the General Statutes and registered with the North Carolina Medical Board. (for offenses committed on or after Dec. 1, 2023)
11. The victim was: Ja.
very young. []b.
very old. (]c.
mentally infirm. physically infirm. (Ja. handicapped. [Je.
12. The defendant committed the offense while on pretrial release on another charge.
C12a The defendant has, during the 10-year period prior to the commission of the offense for which the defendant is being sentenced, been found by a
court of this State to be in willful violation of the conditions of probation imposed pursuant to a suspended sentence or been found by the Post-Release
Supervision and Parole Commission to be in willful violation of a condition of parole or post-release supervision mposed pursuant to release from
incarceration. The Court finds this aggravating factor beyond a reasonable doubt. (for offenses committed on or after Dec..1, 2008)
D13 The defendant involved a person under the age of 16 in the commission of the crime.
[}13a. The defendant committed an offense and knew or reasonably should have known that a person under the age of 18 who was not involved in the
commission of the offense was in a position to see or hear the offense. (for offenses committed on or after Dec. 1, 2015)
D14 The offense involved: a. an attempted taking of property of great monetary value. (Ib. the actual taking of property of great monetary value.
O c. damage causing great monetary loss. d. an unusually large quantity of contraband.
x 15. The defendant took advantage of a position of trust or confidence, including a domestic relationship, to commit the offense.
16. The offense involved the sale or delivery of a controlled substance to a minor.
a 16a. The offense is the manufacture of methamphetamine and was committed where a person under the age of 18 lives, was present, or was otherwise
endangered by exposure to the drug, its ingredients, its by-products, or its waste.
16b. The offense is the manufacture of methamphetamine and was committed in a dwelling that is one of four or more contiguous dwellings.
17. The offense was committed against a victim because of the victim's race, color, religion, nationality, or country of origin.
18. The defendant does not support the defendant's family.
18a. The defendant has previously been adjudicated delinquent for an offense that would be a Class A, B, C, D, or E felony if committed by an adult.
C19 The victim of this offense suffered serious injury that is permanent and debilitating.
19a. The offense is a violation of G.S. 14-43.11, G.S. 14-43.12, or G.S. 14-43.13, and involved multiple victims. (for offenses committed on or after Oct. 1, 2013)
19b. The offense is a violation of G.S. 14-43.11, G.S. 14-43.12, or G.S. 14-43.13, and the victim suffered serious injury as a result of the offense.
(for offenses committed on or after Oct. 1, 2013)
O20 Additional aggravating factors:
4 d rded
Material opposite unmarked squares is to be as surplusage.
AOC-CR-614, Rev. 12/23 (Over)
© 2023 Administrative Office of the Courts
PRIORRECORD POINT
The State intends to prove that the offense was committed wihile the defendant
[] was on supervised or unsupervised probation, parole, or post-release supervision.
[was serving a sentence of imprisonment.
was on escape from a correctional institution while serving a sentence of imprisonment.
SIGNATURE OF PROSECUTOR
Date Name Of Prosecutor (type or print)
a Connie Jordan
Signature Of
CERTIFICATE OF SERVICE
|
certify that a copy of this notice was served by:
[delivering a copy personally tothe +[[]defendant's attorney. defendant.
OC depositing a copy, enclosed in a postpaid properly addressed envelope, in a post office or official depository under the exclusive care and
custody of the
U.S. Postal Service directed to the []defendant's attorney [[]defendant at the address shown below.
Address
leaving a copy at the office of the defendant's attorney with a partner or employee.
Name And Title Of Person With Whom Copy Left
[X] Other:
via email and electronic discovery to the defe t's attorney Ryan Feinberg
Date Served, Signature Of Person Title
Service accepted by: []defendant's attomey.
C A
[] defendant.
EPTANCE OF SERVICE
Asst District Attorney
Date Service Accepted Signature Of Person Accepting Service
Material opposite unmarked squares is to be disregarded as surplusage.
AOC-CR-614, Side Two, Rev. 12/23
© 2023 Administrative Office of the Courts