Guilty plea in Ratcliff Cove murder nets long prison sentence

Jul. 9—A court proceeding last week had all the elements of Haywood County's dark side — one that those within the justice system know all too well, but escape the everyday lives of most.

A murder in May 2020 resulted in one young man serving a lengthy jail sentence, but that did little to bring back a 24-year old Brandon Carter, who was killed.

Carter's mother was scheduled to address the court, but was unable to testify — or stop crying — during the administrative session before Senior Resident Superior Court Judge Bradley Letts.

Assistant District Attorney Jeff Jones described the night of May 4, 2020, when the sheriff's office received phone three calls shortly after midnight reporting a gunshot and a suspicious situation on Ratcliff Cove Road.

When deputies arrived, they found a man, later identified as Carter, motionless and lying partly beneath a motorcycle.

Near the scene, authorities found Kevin Carey, who was 18 at the time, and Cynthia Gregory, then 39, who admitted they were in a dating relationship.

Jones recounted the investigation that revealed Carey, Gregory, Carter and his girlfriend, Renee Patterson, had been living at Gregory's house in the Shadow Woods development.

Deputies learned that Gregory believed Carter was stealing, so she asked him to leave the home.

Jones told the court Carey drove down the road to ensure Carter had gone, then returned to report to Gregory.

The two returned to the site with a gun where investigators found there was an argument between Gregory and Carter. Carey was holding the gun, Jones said, and the defendant said at one point he thought the safety was on, and at another point, that Carter lunged at him.

The shot Carey fired hit Carter in the chin and exited at the back of his head, which was later determined to be the cause of death. A neighbor administered first aid, but said Carter died quickly, Jones said.

After the shooting, Carey said he didn't know where the gun was, but later told detectives it was hidden behind a wooden crate at the house, Jones recounted.

"A few things in his story changed a little bit," Jones said, "but he always identified himself as the shooter."

The situation prompted Jones to tell the court the position of the motorcycle on Carter's body made it unlikely he lunged at the couple. He asked the court why Carey needed a gun if Carter was unarmed and why he was going after Carter if he already left the property.

Also a victim

In a legal brief accompanying Carey's guilty plea, defense attorney Bill Jones (no relation to Jeff Jones), urged Letts to consider all that happened to Kevin Michael Carey that brought him to the courtroom that day.

Through school records, testimony from two Bethel Middle School teachers, a description of tragic circumstances in his client's youth and details of his relationship with Gregory, Bill Jones painted a picture of a chaotic young life, of a boy who never really had a chance to succeed.

When Carey enrolled in the second grade at Bethel Elementary, he wasn't up to grade level, but was making headway, Bill Jones said. Early on, Carey missed between eight and 10 school days a year, but that doubled in 2012-13 after his mother was charged and ultimately sent to prison for drug trafficking.

"Kevin was already struggling," he said, "and his mom takes a hard turn into drugs. He dad was working himself to death and it was hard to be available for Kevin. His schooling never recovers."

After Carey fails to pass ninth grade, he drops out of school, Bill Jones said. He went to stay with Gregory after his mom gave her a note of custody, and who Carey knew because he was friends with Gregory's son.

"There was no economic or emotional stability, and that left Kevin ripe for the picking," Bill Jones said, alleging that Gregory controlled Carey with money, sex and drugs from the time he was a young teenager.

Bill Jones cited information from associates of both who said Gregory began a sexual relationship with Carey before he reached age 15.

Because Carey would not testify about the relationship or about any role Gregory played on the night of the murder, no charges could be brought against her, he added.

By Haywood County standards, Gregory is a wealthy woman who received a home valued at $500,000, along with more than $1 million from an elderly man she cared for until his death, Bill Jones said.

It was her home in Shadow Woods, a house commonly referred to as "the drug house," where Carey was living, Bill Jones said. The house was frequented by the "who's who of drug activity in the county. You know the names."

Bill Jones said Carey had nothing of his own, no cell phone, and no money. When Carey got a job, Gregory sabotaged it by insisting he leave to go to Florida with her, he said.

He said his client told him about a young child of a drug addict who was only referred to as MJ, that he and Gregory were raising.

"Each time he met with his client, Bill Jones said Carey's main concern was how MJ was doing. Indeed, his client saw his future as being a happy family with Gregory and MJ prior to May 4, 2020, he said.

A fateful night

Bill Jones recounted the events leading up to the murder of Brandon Carter, which varied only slightly from the case outlined by the prosecution except that it included information about Gregory's role that night.

All were high on meth, Bill Jones said, and it was Gregory who was convinced Carter was stealing from her and insisted he leave. She also directed Carey to ensure he left, and when he reported where the decrepit motorcycle was at the end of the road, it was Gregory who insisted they go back with a gun, Bill Jones said.

Gregory's son told Carey to not shoot Carter, and Carey responded he wouldn't.

"Cindy gets into the truck and Kevin is driving," Bill Jones said. "The gun is on the seat between them. Before they even get to a stop, Cindy jumps out and is screaming, yelling and cussing in Brandon's face. Kevin approaches with the firearm. He said to me he panicked and that he doesn't even remember pulling the trigger. We're not denying culpability. We're not denying second degree murder."

Bill Jones said Gregory faced charges of trespassing and assaulting a government officer for what he called "terrorizing potential witnesses" in this murder case.

He urged the court to consider mitigating circumstances that brought an "uneducated, immature boy" to this point.

Testimony from teachers Sally and Ron Hundley, who both teach at Bethel Middle School, offered insight into Carey's early life and character.

Sally Hundley said despite all the students she taught before and after Carey, he was a rare person she remembered well.

She was aware of his unstable home life, but even though he struggled in class, she said he was always willing to try and was never a problem. In fact, it was Carey who decorated her teacher's desk and who took a classmate on the autism spectrum under his wing when others weren't nearly as kind.

"He was always good as gold to me," she said. "He was a protector."

Ron Hundley taught Carey eighth-grade math and said he was a joy in class. He talked him into trying out for the golf team after seeing he needed some structure in afternoons.

He got some insight into Carey's home life when he found Carey didn't have the right type of clothing to wear on a golf course or have any reliable way to get home after practice.

Ron Hundley provided the needed clothing and would wait with him, sometimes for several hours, until someone was available to pick him up since teachers aren't allowed to transport students in personal vehicles and it was too far for Carey to walk.

At the close of the Hundley's testimony, Carey faced the victim's family and apologized.

The verdict

Bill Jones asked Letts to consider his client's age, family circumstances, struggles in school and the much-improved family situation in Carey's life in handing down a sentence.

Assistant District Attorney Jeff Jones spoke of the sorrow that still surrounds Brandon Carter's family and friends.

"I can't adequately describe how much she misses her son," he said of Carter's mother. "She knows she will never see him again. Mr. Carey will have an opportunity, one day, to walk out of prison and have face to face contact with his family."

After reviewing the sentencing chart, the district attorney presented a sentencing request on behalf of Carter's mother, which was that Carey serve one year in prison for each year Brandon Carter was alive — 24 years.

"I listened to Bill Jones' mitigating factors, and he has a good argument for (Carey) admitting wrongdoing and confessing at an early stage," Jeff Jones said. "The facts of the shooting and clear and undisputed. ... I think a plea to second-degree murder is a just resolution."

Judge Letts, in accepting the plea of second-degree murder, thanked all involved for the factual basis laying out the circumstances. He commended law enforcement for their excellent work, thanked both attorneys for their efforts and commended the Hundleys for their work as teachers and for their testimony.

"Your brief is one of best I've seen in 22 years sitting as a judge," Letts told Bill Jones.

To Brandon Carter's family, Letts said there were obviously he could express that could assuage their loss, but expressed hope that the trial would bring a degree of finality to the family. He told Carey his apology was important and meaningful as the first step in taking responsibility for his actions.

"Unlike Brandon, you will have an opportunity to still make something of your life," he said. "With that opportunity, don't allow this tragedy to result in the loss of two lives. Consider how fortunate you are to have family and friends. That means something."

Letts said under the circumstances, he didn't see that mitigated sentencing was warranted.

In accordance with state's structured sentencing guidelines, Letts the sentenced to not less than 204 months (17 years) and not more than 257 months (21 years, five months) in prison, with credit allowed for time already served.

Carey would not be eligible for work release, and Letts recommended mental health and substance abuse counseling, along with any job or education training programs available to him.