DA yet to decide on charges in shooting

Benjamin Hamilton

June 29, 2010 3:47:06 PM PDT
Wake County Assistant District Attorney Howard Cummings told ABC11 Tuesday that he has asked for more information in the shooting death of Benjamin Hamilton before deciding whether charges will be filed in the case.

"That could be more evidence, it could be more interviews, we just need more information before a decision is made," Cummings said.

Hamilton, 29, was found dead from a gunshot wound inside his parents' home on Windlake Court in Southern Wake County Sunday morning. Rhonda and Linwood Hamilton Senior were the only other people inside the home at the time of the shooting according to Wake County Sheriff Donnie Harrison.

Instead of calling 911, Hamilton's mother contacted a deputy who had recently investigated a break-in at the residence involving Hamilton. The deputy, Captain R. Martin, was off-duty at the time according to Phyllis Stephens, Public Information Officer for the Wake County Sheriff’s Office. Martin called dispatch and asked who was working and who was the supervisor on duty. He requested that two cars meet him at a church near the residence to follow him to the scene.

"I don’t know what’s going on, she called me screaming," Martin said during the call.

Sheriff Donnie Harrison said he’s proud of the way Martin handled the call.

"He left a [business] card out in the field, told them to call if they ever need anything and they did," said Harrison. "He knows them from church and had recently investigated a crime at their house. He did the right thing by waiting for other officers to meet him before going to the scene, not knowing what he was going into."

Benjamin Hamilton was charged last month with breaking into his parents' home and his father's business in Raleigh. Last week he was sentenced to two years probation for those crimes and for violating a domestic violence protective order filed by his ex-girlfriend.

Neighbors of Hamilton’s parents described the couple as very friendly. They also say that Hamilton had some type of mental illness and didn’t always take his medicine.

Their thoughts are with the family. One neighbor who did not wish to be identified told ABC11, "no matter what happened inside the home, they still lost their son."

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