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Wednesday, September 01, 2010

Suspect in Roanoke teen's death arraigned on capital charges; death penalty possible

Carey Shane Padgett was ready to plead guilty in the death of his friend Cara Holley.

Carey Shane Padgett is led into Roanoke County General District Court on Tuesday to be arraigned on new capital murder and robbery charges in the death of Cara Marie Holley. A hearing is scheduled for Sept. 10 to handle his previous charges of first-degree murder and abduction.

STEPHANIE KLEIN-DAVIS The Roanoke Times

Carey Shane Padgett is led into Roanoke County General District Court on Tuesday to be arraigned on new capital murder and robbery charges in the death of Cara Marie Holley. A hearing is scheduled for Sept. 10 to handle his previous charges of first-degree murder and abduction.

Carey Shane Padgett was ready to plead guilty to first-degree murder and abduction, both crimes with prison sentences of 20 years to life. But the Roanoke 21-year-old was in court Tuesday to be arraigned on new charges that could carry the death penalty.

Padgett is accused of strangling and bludgeoning Cara Marie Holley, 18, and like Padgett, a former Patrick Henry High School student, as part of a plan to steal her SUV. He thought he needed the Kia Sorento, in better shape than his own vehicle, to leave Roanoke, according to a police search warrant's account of what he told officers.

Roanoke County prosecutors initially charged Padgett with first-degree murder and abduction with intent to defile in connection with the July 7 slaying. Last week, Padgett's attorney, Neil Horn of Roanoke, filed paperwork to waive preliminary hearings and said his client would plead guilty.

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Prosecutors responded with warrants for new charges of capital murder in the commission of an abduction, capital murder in the commission of a robbery, and robbery. Roanoke County Commonwealth's Attorney Randy Leach said Monday that the new charges put the death penalty "on the table." He said it was too early to say if prosecutors would seek it.

On Tuesday, Padgett was formally arraigned on the new charges, and Roanoke County General District Court Judge Jacqueline Talevi appointed Horn to defend Padgett on the new charges as well. Horn will be assisted by a regional group of attorneys who defend capital cases, Talevi said.

A hearing is scheduled for Sept. 10 in Roanoke County Circuit Court on Padgett's motions to plead guilty to first-degree murder and abduction. Horn said the pleas were offered without any suggestion of what sentence might be imposed.

Also scheduled is an Oct. 22 preliminary hearing on the capital murder and robbery charges.

After Tuesday's arraignments, Roanoke County Assistant Commonwealth's Attorney Ashley Sweet declined to comment further, except to say the case is still under investigation.

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