Man charged with double homicide faces capital trial

The man charged with murdering Joseph K. Byrd and Michael Curtis Hallyburton is now officially looking at the possibility of a death sentence.

The district attorney’s office requested the case proceed as a capital offense. A capital trial in a murder case means there were aggravating factors during the crimes, escalating the severity of punishment.

According to the prosecutors, under North Carolina law, sufficient evidence to support at least one aggravating factor is present, though they do not have to reveal the specific aggravating factor by law.

However, the defendant’s counsel said they still don’t have discovery to refer to.

Discovery is pre-trial, strategic planning for how the trial will play out. During this period, the prosecutor and defense review law enforcement reports, witnesses, and any evidence that will affect the trial.

Defense Attorney Charles Bostian represents Moretz, who was arrested in September and indicted in October. Bostian stated the defense has not received discovery materials and requested that they be provided, echoing a motion that he filed on Oct. 29.

Responders investigating an Aug. 31 structure fire on Swink Street discovered Byrd and Hallyburton dead at the scene. Officers confirmed both suffered from multiple gunshot wounds.

The prosecution expected the evidence from the sheriff’s office next week.

—JC