Trial for nursing home shooter will not be moved

CARTHAGE On Thursday,a judge ruled that Stewart's trial will take place in the same town where the crime happened, but a jury pool from another county will be brought in to hear the case.

Investigators say Stewart went into the Pinelake Health and Rehab Center on March 29, 2009 and started shooting. Carthage police officer Justin Garner arrived just five minutes after the shooting started and stopped Stewart by shooting him in the upper body. Garner was wounded by three shotgun pellets to the lower leg.

Residents Tessie Garner, 75; Lillian Dunn, 89; Jesse Musser, 88; Bessie Hedrick, 78; John Goldston, 78; Margaret Johnson, 89; Louise DeKler, 98; and nurse Jerry Avant, 39; all died in the attack.

Stewart's relatives say he was targeting his estranged wife, who worked at the facility. She hid in the bathroom of a locked Alzheimer's patient area and survived the attack.

Stewart is facing eight counts of first-degree murder. He is being held at Central Prison in Raleigh.

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