Darling’s death -UPDATED
Mike McHugh sent me pictures he took of the crime scene photos the D.A. presented during his press conference. I share them now -
111 Fieldcrest Drive:
The window:
The broken screen:
————————————————————————————————–
David Darling was killed April 8. His death was determined to be justified by District Attorney Ernie Lee based on the state’s Castle Doctrine.
Darling jumped through a neighbor’s window stark nude and raving mad.
Lee said he was unaware of any similar current cases in the state. That makes the Darling case – and an unrelated case, the same week in Onslow County in which two burglars were shot and killed by residents – the possible proving ground for the newly-updated Castle law.
Darling from his Facebook page:
I have several times spoken to Darling’s mother and aunt. I have no reason not to believe them when they say Darling was an otherwise good person and his behavior the night he died was uncharacteristic.
Read the news about Darling’s death.
Read the D.A.’s entire statement on the shooting
The 911 recording is below. It contains graphic segments including a female screaming and shots being fired. Be warned.
911 recording
WCTI-12′s Mahsa Saeidi talking to Lee on Friday after the press conference:
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Posted in Closer Look, local crime, Marine Corps | 25 Comments »
Once again either JDNews.com is trying to hide something or whom ever they got this 911 recording is…Just like in the 911 recording from the shooting that happened on Country Club Drive….
What is the point of “releasing” a 911 recording that is EDITED! you can not make out what is being said the whole time!
In every other county they would release the whole UNEDITED 911 recording,
In the Trevon Martin case in FL they released the FULL UNEDITED Zimmerman 911 recording…so why not here? What is there to hide?
http://www.youtube.com/watch?v=MfnQ4PAi8iM
Report the news the right way! TELL THE FULL STORY AND RELEASE THE FULL RECORDINGS!
Comment by Dave — May 12, 2012 @ 6:27 am
Dave,
While I appreciate your concern, it is misplaced. Why would The Daily News be seeking to hide anything in either of these two cases? I have provided more information in these cases than any other news agency. I have given you photos to look at, the entire statement from the D.A. for you to read and the 911 recordings to listen to.
The 911 recordings are edited by the county before they are distributed. They are trying to hide something – the identities of the callers. I am frustrated myself by the robot voices, and have complained.
But officials said that they are within the public records laws in disguising the voice of the callers because while the recordings are public record, the identity of the callers are not.
I have given you all the information I have on these cases. If I were hiding something why would I go through the trouble of posting all this? And why would I allow you to question it?
Thanks for reading,
LINDELL
Comment by Lindell Kay — May 12, 2012 @ 12:29 pm
If David jumped through this screen into the house like the murderer and his drinking buddy from across the street say he did why is the broken screen facing out??? it would be in if their story were the truth!!!!
Comment by christy — May 14, 2012 @ 7:44 pm
I would like to contact dave who commented on 911 call. my e-mail christydarling87@yahoo.com. Initial news reports shooter claims he’d never seen David before in his life on 911 call you can hear shooter tell police that yeah he’s my neighbor! This guy is being protected by mrines and police? information indicates that David did not go into window and if this guy was afraid why didn’t he close and lock his window instead of going to get his gun and waiting by an open window. From what I know David turned and walked away from their house what did shooter say to him for him to come back? Too many lies here! News has too many contradicticting stories on what happened!
Comment by christy — May 15, 2012 @ 8:07 am
Christy, in the 911 call when that marine says he’s my neighbor. He was refering to the neighbor across the street who came over to help that marine try and revive David (which you can also hear in that 911 call).
Comment by Annonymous — May 15, 2012 @ 1:17 pm
“There was no alcohol in Darling’s system, according to autopsy results. There were no tests performed for drugs; however, Lee said, based on statements attributed to Darling and paraphernalia found in his home, Darling was under the influence of an unknown substance.”
Under North Carolina State law….Everything that the suspect said about being high or killing someone is hearsay and the D.A should have not included it in the press release unless they could find probable cause to beleive he was infact high on an UNKNOWN SUBSTANCE….which would have been a chemical test for DRUGS! Which any good sherrif..cheif of police or D.A would have ordered in a case like this.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_8C/Article_8.html
Funny how they did not test for drugs….A PROPER medical autopsy would have tested his system for alcohol and drugs! No buts no reasons…it is SOP. And YES YOU CAN test for SPICE or any other CHEMICAL! This happened on the 8th of April, the autopsy was preformed on the 9th of April…. but took a month for autopys report to get to the D.A? Does not make sense…..Read the link below!
http://www.ocme.unc.edu/rules/guidelines.shtml
But of course this is Onslow County where the sheriff can use a tree branch for a divining rod to search for buried body’s or to even use a stick to poke the wounds of a murder victim at a funeral home!
(http://www.jdnews.com/news/brown-46091-body-warrant.html)
And where it is okay for the chief of police to smile smirk and try to joking laughing while giving a press conference about a double shooting! (watch the first press conference about the shooting a week later)
All the people that comment are not from around here or have not been here long enough to see the BU**SH*T that goes on within this county and city or the BS law enforcement will feed to the news in an attempt to “fish” for clues or possible evidence by giving the press false information.
“The female resident of the residence opened the door to her residence and noticed Darling was standing there naked and talking about a cigarette. She told him to get off her property.”
“Darling was running in the street and she said he was almost hit by a car. She opened the door to see if he needed anything and he charged her door. She slammed it shut and locked the door. He began banging on the door and then he calmed down. He then sat on the front steps looking for a cigarette and lighter. Her husband tried talking to Darling but that was not working, so they told Darling to leave. She told Darling that they had a gun and Darling responded that he needed a gun.”
So if Darling was running up and down the street yelling “he was not going to kill himself for her”….Did the other neighbors on that street confirm the story also? If he was “almost hit by a car”….where is that wittness to this event and did it match the statements made by the residents as well as the neighbor across the street? So if “The neighbor went back inside his residence to call 911″…where is that recording? or did he never make the call? Hmmmm…….
BTW….there were 4 pictures the D.A had ….Did your friend just not send you the other picture?
P.S. The height on that front window sill is some where around 3′-4′ off the ground. From the looks of the suspect…. he is some where around 5’9….if someone were to have ” jumped through a neighbor’s window stark nude and raving mad” There would have been more damage to the screen, as in only the bottom part of the screen would have been still attached to the screen frame….And you can try to jump through your own window screen at around the same height to see my point!
I am not saying it did not happen as the DA states or that the resident did not have the right to defend himself and family but there is something fishy about the story given to the public…there is more to this story ……
Oh yea been meaning to ask you…. Lindell….did you know either last Easter Sunday 2011 or 2010…A Marine cornered himself in his appartment off Gum Branch with an assault rifle which JPD swat /snipers were called to…Just wondering…never seen it in the news…but you can check with JPD if you think i am wrong ;P
Comment by Dave — May 15, 2012 @ 7:01 pm
Lindell,
I never said you were hiding anything…I said “Once again either JDNews.com is trying to hide something or whom ever they got this 911 recording is”
Which would mean that the county is….since you said that they garbled before they are distributed.
” And why would I allow you to question it?”
Why would you not want to hear comments from your readers on to their thought into the case or story? Does a reporter not need insight from the public for ideals? Or maybe sometimes a different angle to look at a story? And if you did not allow my post because you did not agree with what i have said….that would be hiding something…..
Being a reporter is about getting the facts right…..which you do….but only the facts that the law enforcement agencies give you. I did not see you say about you trying to talk to anyone on that street about the events on that night and neither did the D.A…..so it makes me wonder….could there be more to the story……………
I always thought reporters should follow the old idiom “don’t judge a book by its cover”. Just because some local agency tells you something does not mean it to be the truth….a reporter investigates for himself/herself the statements and then tries to uncover if there is at least some truth behind what they have heard.
Comment by Dave — May 15, 2012 @ 7:36 pm
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 132-1.4(c) reads as rewritten:
“(c) Notwithstanding the provisions of this section, and unless otherwise prohibited by
law, the following information shall be public records within the meaning of G.S. 132-1.
(1) The time, date, location, and nature of a violation or apparent violation of the
law reported to a public law enforcement agency.
(2) The name, sex, age, address, employment, and alleged violation of law of a
person arrested, charged, or indicted.
(3) The circumstances surrounding an arrest, including the time and place of the
arrest, whether the arrest involved resistance, possession or use of weapons,
or pursuit, and a description of any items seized in connection with the
arrest.
(4) The contents of “911″ and other emergency telephone calls received by or on
behalf of public law enforcement agencies, except for such contents that
reveal the natural voice, name, address, telephone number, or other
information that may identify the caller, victim, or witness. In order to
protect the identity of the complaining witness, the contents of “911″ and
other emergency telephone calls may be released pursuant to this section in
the form of a written transcript or altered voice reproduction; provided that
the original shall be provided under process to be used as evidence in any
relevant civil or criminal proceeding.
(5) The contents of communications between or among employees of public law
enforcement agencies that are broadcast over the public airways.
(6) The name, sex, age, and address of a complaining witness.”
So request the written transcript………………..;P
Comment by Dave — May 15, 2012 @ 9:01 pm
” the contents of “911″ and other emergency telephone calls may be released pursuant to this section in the form of a written transcript or altered voice reproduction; provided that
the original shall be provided under process to be used as evidence in any
relevant civil or criminal proceeding.”
Here is the KEY sentence to get the full recordings..
“Provided that the original shall be provided under process to bed used as evidence in any relevant civil or criminal proceeding”
So if no criminal or civil action is going to be filed…the must give you the unedited recording……….
Comment by Dave — May 15, 2012 @ 9:06 pm
Dave,
Going to answer your questions and points one by one. In case italics doesn’t show up I have bracketed your comments with – and -
-Under North Carolina State law….Everything that the suspect said about being high or killing someone is hearsay and the D.A should have not included it in the press release unless they could find probable cause to beleive he was infact high on an UNKNOWN SUBSTANCE-
Hearsay applies in court. The D.A. can say anything he wants in a press release. Again, probable cause applies in court. The suspect you’re referring to is dead.
-….which would have been a chemical test for DRUGS! Which any good sherrif..cheif of police or D.A would have ordered in a case like this.-
There is no blanket test for “DRUGS.” Tests would have to be run for each suspected drug. Due to state budget cutbacks, toxicology screenings do not include tests for cocaine and marijuana like they used to.
-Funny how they did not test for drugs….A PROPER medical autopsy would have tested his system for alcohol and drugs! No buts no reasons…it is SOP. And YES YOU CAN test for SPICE or any other CHEMICAL! This happened on the 8th of April, the autopsy was preformed on the 9th of April…. but took a month for autopys report to get to the D.A? Does not make sense…..Read the link below!-
As stated, it is no longer SOP to test for drugs. As you said, yes you can test for spice, but authorities have to be specific in requesting each individual test.
-But of course this is Onslow County where the sheriff can use a tree branch for a divining rod to search for buried body’s or to even use a stick to poke the wounds of a murder victim at a funeral home!-
Both true. Both explained elsewhere. Is this what all your questions are about? Do you have an ax to grind with Onslow County?
-And where it is okay for the chief of police to smile smirk and try to joking laughing while giving a press conference about a double shooting! (watch the first press conference about the shooting a week later)-
This is just silly. Professions like cops, firemen and reporters deal with death and morbid situations all day. I laughed a little at the press conference myself. I assure you no one was laughing at anyone’s death or grief. I think you know that.
-All the people that comment are not from around here or have not been here long enough to see the BU**SH*T that goes on within this county and city or the BS law enforcement will feed to the news in an attempt to “fish” for clues or possible evidence by giving the press false information.-
Again. Why not just come out and speak plainly. You have a problem with local law enforcement. Just spit it out.
-“The female resident of the residence opened the door to her residence and noticed Darling was standing there naked and talking about a cigarette. She told him to get off her property.”
“Darling was running in the street and she said he was almost hit by a car. She opened the door to see if he needed anything and he charged her door. She slammed it shut and locked the door. He began banging on the door and then he calmed down. He then sat on the front steps looking for a cigarette and lighter. Her husband tried talking to Darling but that was not working, so they told Darling to leave. She told Darling that they had a gun and Darling responded that he needed a gun.”
So if Darling was running up and down the street yelling “he was not going to kill himself for her”….Did the other neighbors on that street confirm the story also? If he was “almost hit by a car”….where is that wittness to this event and did it match the statements made by the residents as well as the neighbor across the street? So if “The neighbor went back inside his residence to call 911″…where is that recording? or did he never make the call? Hmmmm…….-
Huh?
-BTW….there were 4 pictures the D.A had ….Did your friend just not send you the other picture?-
Guess so. But if you know there were four pictures then you saw what you needed to see.
-P.S. The height on that front window sill is some where around 3′-4′ off the ground.-
Did you measure it?
-From the looks of the suspect…. he is some where around 5’9-
Did you measure him?
-….if someone were to have ” jumped through a neighbor’s window stark nude and raving mad” There would have been more damage to the screen, as in only the bottom part of the screen would have been still attached to the screen frame-
How do you know?
-…And you can try to jump through your own window screen at around the same height to see my point!-
An experiment I won’t be conducting.
-I am not saying it did not happen as the DA states-
Seems like it to me.
-or that the resident did not have the right to defend himself and family but there is something fishy about the story given to the public…there is more to this story ……-
There is more to the story surrounding Darling’s last days, but it has nothing to do with his neighbor who killed him.
-Oh yea been meaning to ask you…. Lindell….did you know either last Easter Sunday 2011 or 2010…A Marine cornered himself in his appartment off Gum Branch with an assault rifle which JPD swat /snipers were called to…Just wondering…never seen it in the news…but you can check with JPD if you think i am wrong ;P-
Little late for a news tip.
Comment by Lindell Kay — May 15, 2012 @ 11:05 pm
Dave,
Going to answer your questions and points one by one. In case italics doesn’t show up I have bracketed your comments with – and -
-Lindell,
I never said you were hiding anything…I said “Once again either JDNews.com is trying to hide something or whom ever they got this 911 recording is”-
Um, isn’t that saying I was hiding something?
-Which would mean that the county is….since you said that they garbled before they are distributed.-
As I said, they county is trying to disguise the caller’s voice. That’s why it sounds like Optimums Prime calling.
-” And why would I allow you to question it?”
Why would you not want to hear comments from your readers on to their thought into the case or story? Does a reporter not need insight from the public for ideals? Or maybe sometimes a different angle to look at a story? And if you did not allow my post because you did not agree with what i have said….that would be hiding something…..-
What are you talking about? Here you are questioning me, right? What I said was if I were hiding something why would I allow you to post all your questions. And here are all your questions. Sigh.
-Being a reporter is about getting the facts right…..which you do….but only the facts that the law enforcement agencies give you. I did not see you say about you trying to talk to anyone on that street about the events on that night and neither did the D.A…..so it makes me wonder….could there be more to the story……………-
I spoke to quit a few people. I quoted neighbors in the news stories. I have never taken the authorities word for something unquestioningly. Ask anyone of them. They get pretty sick of my questions sometimes.
-I always thought reporters should follow the old idiom “don’t judge a book by its cover”. Just because some local agency tells you something does not mean it to be the truth….a reporter investigates for himself/herself the statements and then tries to uncover if there is at least some truth behind what they have heard.-
Are you implying that I don’t? You just said I find the facts, now you imply that I don’t. I’m not sure what you’re saying.
Comment by Lindell Kay — May 15, 2012 @ 11:14 pm
-The General Assembly of North Carolina enacts:
SECTION 1. G.S. 132-1.4(c) reads as rewritten:
“(c) Notwithstanding the provisions of this section, and unless otherwise prohibited by
law, the following information shall be public records within the meaning of G.S. 132-1.
(1) The time, date, location, and nature of a violation or apparent violation of the
law reported to a public law enforcement agency.
(2) The name, sex, age, address, employment, and alleged violation of law of a
person arrested, charged, or indicted.
(3) The circumstances surrounding an arrest, including the time and place of the
arrest, whether the arrest involved resistance, possession or use of weapons,
or pursuit, and a description of any items seized in connection with the
arrest.
(4) The contents of “911″ and other emergency telephone calls received by or on
behalf of public law enforcement agencies, except for such contents that
reveal the natural voice, name, address, telephone number, or other
information that may identify the caller, victim, or witness. In order to
protect the identity of the complaining witness, the contents of “911″ and
other emergency telephone calls may be released pursuant to this section in
the form of a written transcript or altered voice reproduction; provided that
the original shall be provided under process to be used as evidence in any
relevant civil or criminal proceeding.
(5) The contents of communications between or among employees of public law
enforcement agencies that are broadcast over the public airways.
(6) The name, sex, age, and address of a complaining witness.”
So request the written transcript………………..;P-
You can request the same information I can. I don’t want a transcript. I can understand what I need to.
Comment by Lindell Kay — May 15, 2012 @ 11:17 pm
-” the contents of “911″ and other emergency telephone calls may be released pursuant to this section in the form of a written transcript or altered voice reproduction; provided that
the original shall be provided under process to be used as evidence in any
relevant civil or criminal proceeding.”
Here is the KEY sentence to get the full recordings..
“Provided that the original shall be provided under process to bed used as evidence in any relevant civil or criminal proceeding”
So if no criminal or civil action is going to be filed…the must give you the unedited recording……….-
See above.
Comment by Lindell Kay — May 15, 2012 @ 11:19 pm
Annonymous commentor needs to listen again to the 911 recording! Shooter states that David lives down the street! In my opinion if David had been black or a marine he would’ve had a fair investigation! Also just read up on N.C. Statute 14-17!!! I told det Vincent several times that David smoked marijuana occaisionally but was not working and if he did smoke who was supplying it to him!!!!! What does that police dept get paid for anyway???? It benefits if you’re a marine because they sure seem to receive a lot of protection and covering up of facts! Since when dos heresay hold up in court? I have a ton of it to fill N.C. in on in that case! This whole thing just sickens me and could’ve been avoided if handled properly! Why didn’t killer and his wife call 911 at the start of this situation?
Comment by christy — May 16, 2012 @ 7:31 am
Christy: Why in the world would a sheriff or police station cover up for a marine??? Especially in a case like this?? The detective/DA/Police make their careers off cases like this and the one that happened a week later. There is no benefit for them to cover ANYTHING up!
Comment by Anonymous — May 16, 2012 @ 8:46 am
The bottom line is that the details don’t really matter. A crazed man terrorized an innocent family, broke in the window, and got shot. I would play it the same a thousand times over. And Christy, I have lived here for twenty years…and love it. It is you that has all the contempt for the local authorities. I’m glad the laws are the way they are. I’ve always said, regardless of the laws, you come in my home where my children sleep….you’re dead. God bless America!
Comment by Mike — May 16, 2012 @ 10:14 am
Facts are adding up that David did not in fact jump into that window and was not in that house until he was drug in! God bless America !!!! Justice will prevail! The whole truth will come out! Maybe I should move to North Carolina! Seems it doesn’t take a lot to feel threatened!!!! If the trigger happy killer was terrorized like you say he would’ve shot and locked his window!!!! He wasn’t afraid of or for anyone!!! If he was concerned about the safety of his children he would’ve called 911 immediatelly and not 25 minutes into the situation!
Comment by christy — May 16, 2012 @ 11:32 am
The “facts” you are talking about aren’t facts. The naked man jumped through the window and the shooter shot him. The wife called 911 AFTER she was fighting with the naked man at the door to lock it. I don’t think if she called 911 while she was fighting with him at the door it would have been good for anyone. Sorry Christy but the facts are the facts maybe you should be more concerned about what he was on and what led up to him being naked yelling in the road
Comment by Anonymous — May 16, 2012 @ 11:56 am
I think NC has it right. It’s about time the power and rights are removed from the criminals and given back to the productive members of society. People should be able to sleep at night knowing they can defend themselves.
Christy, I think you watch too much TV.
Comment by Mike — May 16, 2012 @ 3:18 pm
I see my last comment was not posted! hmmmm!!!! Whats the law enforcement got to hide!!!!!!
Comment by christy — May 17, 2012 @ 7:12 am
Christy, Christy, Christy……..Law Enforcement does not control this site. You sure have an ax to grind against the county, law enforcement, and NC. For someone who does not even live here, you sure are judgemental. If you don’t like the way we do things here, stay where you are and be victimized. Criminals, dirtbags, etc, take note……if you break into a house in NC, you will be shot and killed…..end of story. Try getting a job, and EARNNG a living.
Comment by Deacon Mills — May 18, 2012 @ 11:22 am
Nothing Christy, no one is trying to hide anything. The facts in this case are as shown.
Comment by Anonymous — May 19, 2012 @ 9:05 pm
This case was handled wrong. I guess thats how NC works. Lets botch up an investigation where “drugs” were possibly involved. I believe that someone is being protected because some douchebag Marine with a gun didnt use his hand to hand combat training. He was trained in CPR as well. Sounds like this Marine was recycled a few times before graduating basic. Said Marines wife was being nosey and wanted to check out the drama. What parent with sleeping children is going to bring attention to her house by opening a window, door, and flipping on a light? As a parent my first thought is to call the police and report a naked man who “claims” to be “on a bad trip”. I cannot believe most people making comments havent thought to bring that up. Parenting 101 dont bring attention to yourself and invite trouble into your house. Congratulations to said shooter and wife you got what you wanted, a storey to tell people when you get together with all your other military friends will you get wasted and talk about how big of a bad ass you are for “defending your house and protecting your children”. I hope this is a lesson learned on how to avoid ending an unarmed persons life because you and your nosey wife want to instigate an alleged “bad trip”. Keep your porch light off, your door shut and locked, your window closed and locked, and contact the police. Also for your childrens safety since your having trouble comprehending the correct way to protect them make sure all chemicals, sharp objects, and choking hazards are kept out of their reach. Or you can contact your childs PCM and they will provide you with the appropriate material, class, or questions needed to ensure your childs safety.
Comment by Naomi — July 15, 2012 @ 1:26 pm
Naomi….there are no words to describe your ignorance.
Comment by Mike — August 28, 2012 @ 5:25 pm
Mike …. You yourself must also lack in common sense. You say no words can describe my “ignorance”. I can see that what I had to say is true. Seeing as your only comment was all of a 8 words. No protective parent is going to draw attention to their home if some “crazed man” is allegedly saying he is on a “bad trip”. I can see justification if all doors, windows, lights were shut off and locked and he proceeded to enter. Marines are suppose to be known for being badasses. Where was his hand to hand combat training. COWARD. Its one thing if David was standing up and coming towards him, then I could see shooting him in the leg or arm. Did anyone check to see if he pissed his pants, seeing as how he just aimed and shot David 3 times in the back. A naked man with no weapon shot in the back?! Can I say how I would react if I was put in that situation? No. But I can say my window wouldnt be opened. If you see a rattlesnake are you going to intentionally step on its tail and hope you dont get bitten?? Read the report, the residents had several chances to avoid the terrible outcome. Not only did he take a life, he did not use his training properly. This “Booger” needs to be returned to The Crucible.
Comment by Naomi — October 9, 2012 @ 3:26 pm