The North Carolina Court of Appeals rejected Dwayne Evans’ challenge to his convictions in the 2018 killing of Eric Spells, according to WCNC. The North Carolina Judicial Branch’s appellate-opinion listing identifies issues in the case that include the constitutionality of a state firearm-possession law and whether the evidence was sufficient to support a conspiracy conviction.
Earlier challenges to the firearm law
North Carolina appellate courts considered separate challenges to the state’s restriction on firearm possession by people with felony convictions before Evans’ appeal. According to the North Carolina Judicial Branch, the state Supreme Court addressed the law’s constitutionality in Britt v. State on August 28, 2009. In a separate 2011 case, the North Carolina Court of Appeals found merit in a plaintiff’s as-applied challenge to the law in Baysden v. State of N.C. Both cases were distinct from Evans’ criminal appeal.
Evans’ appeal and sentence
Evans challenged the jury-selection process and limits on questioning co-defendants Jason Palmer and Shavonn Scott, WCNC reported. He argued the trial court improperly declined to seat two prospective Black jurors. The appeals court found no statements or questions in the record supporting his claim; court records cited by WCNC showed prosecutors accepted 80 percent of eligible Black jurors. Evans also challenged restrictions on asking Palmer and Scott when more serious charges were brought against them. The trial court considered the timing irrelevant, and the appeals court agreed, WCNC reported.
A Mecklenburg County jury convicted Evans in May 2024 of first-degree murder, concealing a death and conspiracy. He was also found guilty of possession of a firearm by a convicted felon, according to Queen City News. The outlet reported that Judge Bell sentenced him to life without parole. WCNC reported that Evans, now 36, is held at Tabor Correctional Institute in Columbus County.
Case background and co-defendant status
Spells, 28, was shot at his home on South Smallwood Place on June 24, 2018, after an argument with Evans, WCNC reported. Palmer and Scott helped conceal the death, according to WFAE’s 2018 report. Possible remains believed to be Spells’ were found in Wesley Chapel on July 27, 2018, with positive identification pending at the time, the Charlotte Observer reported.
Scott pleaded guilty to concealing a death in September 2024 and received a sentence of 20 to 36 months. WCNC reported that she was released the following month with credit for time served and was 41 at the time. Palmer still faced charges of accessory after the fact and concealing a death, with a December 15 court date reported by WCNC.
