An 82-year-old south Charlotte man serving life without parole for a 2019 double killing has failed in his bid to undo the case against him. Yesterday, the North Carolina Court of Appeals refused relief for Caldwell Cole, leaving in place the jury verdicts returned in 2023 and the life-without-parole sentence he is now serving.
The appeals court rejected Cole's claims that the trial judge should have thrown the case out, that jurors were improperly instructed, and that the court mishandled an accident defense. The panel also declined to rule on a separate double jeopardy argument, according to WCNC. For now, the decision keeps the 2023 trial outcome firmly in place.
The shootings happened on Nov. 9, 2019, during a gathering at a home on Lytham Drive. Local reports identified the victims as Janet Elizabeth Scronce and Furahn Karren Woods Morrow, who died at the scene and at a hospital, respectively, according to WBTV. According to a news release from the Mecklenburg County District Attorney's Office, Cole was asked to leave the residence at 2740 Lytham Drive, went home to retrieve a revolver and extra ammunition, then returned and opened fire at the rear of the house and inside, wounding two additional people who survived, according to the Mecklenburg County District Attorney’s Office.
A jury in July 2023 found Cole guilty of two counts of first-degree murder, two counts of attempted murder, and discharging a firearm into a home to incite fear. Superior Court Judge Louis A. Trosch sentenced him to life in prison without the possibility of parole, according to WSOC. Local outlets and the District Attorney's Office detailed the trial and sentence when the case wrapped last summer.
Appeal arguments and outcome
On appeal, Cole's lawyers argued the trial court made a string of mistakes, from denying a motion to dismiss to the way it instructed jurors and handled his claim that the shooting was accidental. The three-judge panel was not persuaded and affirmed the convictions, according to WCNC. The judges also declined to resolve his double jeopardy challenge, leaving that narrow legal issue hanging for another day.
Legal implications
Because the Court of Appeals did not decide the double jeopardy question, Cole's defense team could still ask the North Carolina Supreme Court to step in or pursue other types of challenges if they think that unresolved issue is worth further litigation. The North Carolina Judicial Branch notes that appellate opinions often address only the questions necessary to dispose of a case, leaving some claims for separate review when appropriate. That kind of limited ruling can shape how and when a defendant presses future appeals.
Cole, now 82, remains in custody serving life without parole. With the appellate court's order in place, his convictions stand while the double jeopardy issue remains a possible, if uncertain, avenue for further review, according to the Mecklenburg County District Attorney’s Office.
