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Murder defendant pleads guilty to lesser charges
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Murder defendant pleads guilty to lesser charges




In a twist to a case that captured the attention of the Wilson community, Matthew Redance, who was scheduled to stand trial in the death of Alyssia Kirby, pleaded guilty to lesser charges Monday.

The trial was slated to begin with jury selection inside a Wayne County courtroom. If Redance had not entered into a plea arrangement, he would have been tried for the second time on first-degree murder and felony child abuse charges. Redance pleaded guilty to accessory after the fact to felony child abuse inflicting serious injury and felony obstruction of justice.

As a part of a sentencing structure, Superior Court Judge Milton F. Fitch Jr. sentenced Redance to roughly 21/2 to 4 years for the accessory after the fact to child abuse charge. Fitch imposed the maximum that he could impose by law under the accessory after the fact to felony child abuse inflicting serious injury. He did so because the maximum was found in the aggravated range. One aggravating factor was that the victim was very young. Redance will be given credit for 16 months time served for that sentence alone. In the obstruction of justice charge, Fitch sentenced Redance to six to eight months in the fair sentencing range, which will run at the end of the first sentence.

Nearly a year ago, Fitch declared a mistrial after a Wilson County jury failed to reach a verdict in the case. The jury deadlocked 11 to 1 in favor of a not guilty verdict after more than three weeks of emotional testimony on both sides. Due to the case being highly publicized, the state filed a motion for the jury to be from another county, which included Wayne County. That motion was granted by a judge in December. On Monday, Wayne County jurors who were summoned for the case were escorted out of the courtroom prior to the plea. They were unaware of what transpired until after the formal proceeding. They were then brought back and Fitch discussed the case and the outcome. He also thanked them for their service.

 

‘YES, I AM’

At 10 a.m. Monday, Redance stood beside his attorney, Tom Sallenger.

"Do you now plead guilty?” Fitch asked as a part of a standard proceeding entering in a plea arrangement. "Yes, I do,” Redance replied.

"Are you, in fact, guilty?” Fitch continued. "Yes, I am,” Redance replied.

Alyssia’s father, Avery Kirby, watched Redance intensely. Family members were seated with him on the front row of the prosecution side. Neither the 2-year-old’s mother, Angel Kirby Lamm, nor her family members were present during the court proceeding Monday. Lamm pleaded guilty to accessory after the fact of first-degree murder and aiding and abetting child abuse last year. Lamm, who is currently in jail, has not been sentenced on those charges.

Wilson County Assistant District Attorney Charles Thomas gave a summary of case facts first.

 

‘THEY FAILED; HE FAILED’

During the murder trial last year, the prosecution pointed the finger at Redance, and the defense pointed the finger at the little girl’s mother.

Lamm and Redance were in a relationship at the time of Alyssia’s death and were living together at Thornberry Park apartments in Wilson. Thomas said Alyssia was in the sole custody of Lamm and Redance at the time inside the apartment that was 800 square feet.

Thomas said both were "deceptive” and left out "details” when first questioned by police during the investigation. Lamm and Redance later admitted to various things as the investigation progressed, official said.

"The defendant left out details that he knew were important to what happened to Alyssia,” Thomas told the court. "And he did so with the intent to deceive and defraud investigators ... At the very least, he knew what had happened to this little girl when she died and did not do anything to get immediate or emergency care for her ...”

Thomas continued to tell the court that no matter how anyone looked at this case, a 2-year-old was "tragically killed.”

"She was tragically killed and she died a very, very, very gruesome death,” he said. "And her father who’s sitting behind me has served this country honorably in the highest form and he did so to uphold the rights which we all are afforded in this country and in no place more evident in this courtroom where we sit here today. He will never ever get to see or hold his daughter again.”

Thomas told the court that the state had hoped for other outcomes in the case.

"The defendant will get that opportunity to see other people again and to talk to his family again and possibly hold his children again,” he continued. "He’s at least guilty to what he pled to. Only he and the mother in that 800-square foot apartment know exactly what happened.”

He said children are dependent on their parents or caretakers to look after them.

 

‘INEXCUSABLE’

"They failed,” Thomas said. "He failed. Failing to protect the child is ... the first and highest duty that a parent or supervising adult has and it simply is inexcusable what happened here.”

He said there is nothing that can bring Alyssia back.

"There’s nothing that can put her in her father’s arms again,” Thomas said.

 

‘SHE WAS MY ONLY REASON FOR LIVING’

Alyssia’s father had an opportunity to address the court Monday. Before he spoke, the pain of losing a child washed over him.

"I’m not going to see my little girl again,” Avery Kirby said, looking at Fitch. "She was my only reason for living, the only thing I loved. To me I just can’t fully accept the plea. I know it’s not my decision, but to me it’s a slap in the face.”

Kirby asked Fitch to give Redance the fullest amount of time when considering sentencing.

"In the end my child was only here for two years and her life isn’t worth but at the most 100 and some months,” he said.

The family was aware of the plea arrangement Monday.

 

‘HE DID NOT KILL THAT CHILD’

Before Redance was sentenced, Sallenger spoke about Redance’s character.

"He has no prior criminal record,” he said. "He has accepted his responsibilities in this matter.”

Sallenger said according to character witness testimony during the first trial, several people spoke about how Redance was truthful, peaceful and a law-abiding citizen. He also asked the judge to consider Redance’s work history.

Supervised probation could have been an option in Redance’s sentencing.

"He has the support of his family members,” he said. "They care deeply and love Mr. Redance.”

Sallenger said Redance pleaded guilty to two "very significant charges.” He also said that Redance found himself in a situation where he ended up being with someone who "put all of this into motion.”

"He did not kill that child,” Sallenger said.

Sallenger told the court that he understood that Redance could face active sentence on both charges, probation in one charge or active time in another or the court could place him on probation for both.

 

‘I CAN’T BRING HER BACK’

Redance stood before the court again on Monday. This time he asked Fitch to place him on probation.

"I’m asking the court to please grant me probation,” he said. "I’ve been incarcerated in the Wilson County Jail for 16 months. I was on house arrest for almost 10 months with no violations. I have no prior record.”

He said he was entering into the plea agreement to try to help resolve the case on both sides.

"I am accepting responsibility to what happened to Alyssia after,” he said.

Redance told the court that he had two kids who he helps take care of while their mother goes to college.

"We have a very close bond,” he said.

He also said he takes care of his nephew several times a week as well.

"If I’m granted probation I can help keep supporting and raising my children,” he said. "My family needs me and more than anything my kids need their daddy still. And I understand nothing I do or say will ever bring Alyssia back. I’m deeply sorry for everybody who this has affected, everybody. But I can’t bring her back as much as I would like to.”

After Redance was sentenced, family members on both sides of the aisle were brought to tears. He was then handcuffed and taken away by bailiffs.

 

olivia@wilsontimes.com | 265-7879
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attorney said...

Obviously everyone missed the real point. Hire a good attorney. He had one of the best and it obviously paid dividends in the end. Whatever the real facts, it is VERY obvious that the little girl's parents are sorry people to let this happen to her. It doesn't take being in the courtroom to come to those facts. Hope they both spend some time with "Bubba" in prison; they really think highly of child abusers in there!

Friday, February 08, 2013 at 10:29 AM
To Blame Others That are Elected said...

You obviously did not read MY comments and understand mine either. I get what you are saying.... But you didn't make that part clear. But I still stand by what I said.... UNLESS you have walked a mile in the shoes as a member of a murder victim's family, you have no clue how important some level of closure is for them. Obviously the investigators and prosecutors know more about the case than has even come out in court proceedings for them to offer her a plea deal first.... think about it... there are a lot of factors in play.... Maybe, just maybe, there was circumstantial evidence he delivered the fatal blow... they got her to agree to testify against him... she changed her mind and altered her testimony a bit....it happens every day. Let's just all wait and see what happens with her... they may move forward with her original plea OR they could retract it and reinstate the original charges. And trust me, yes there is a level of justice when the perpetrators are found guilty and incarcerated... but there is never truly any justice for any victim because murders and other crimes that change people's lives dramatically and the victims are left to pick up the pieces and learn to live their lives in a much different way.

Friday, February 08, 2013 at 11:41 PM
@ to blame.......... said...

Angel accepted a plea bargain to accessory pending she testified truthfully against him. Waiting to see if she is charged with murder and he testifies against her.

Thursday, February 07, 2013 at 1:25 PM
To Blame Others That are Elected said...

Obviously, you have not read my comments and understand that what is upsetting is the fact that SHE (the mother) was offered a plea deal and so was he. Therefore, NO ONE will ever be convicted of the murder of this baby!!! I totally agree that in his plea deal, yes atleast he is getting time which may not of happened had he gone to trial again and been found not guilty, he would walk away with nothing. But, I am upset that the mother was so quickly offered a plea deal. I feel they are both guilty but I do believe the mother is the one who actually made the fatal blow. But, regardless of who made the fatal blow doesn't matter anymore because courtesy of our corrupt court system there will never truly be justice for baby Alyssia. A baby is dead and NO ONE will ever be convicted for her death.

Thursday, February 07, 2013 at 10:16 AM
To "To Blame Others That are Elected" said...

No, there is no general statute that states they have to offer a plea deal... but you obviously have no idea how the investigative/prosecution procedures work... If prosecutors feel there is a chance they cannot prove their case beyond a "reasonable doubt"... and a reasonable doubt can be anything.... then a plea deal to get him to take some level of responsibility is better than letting him walk free... that's common sense. He took the plea deal so AT LEAST he admitted his guilt on some level. Is it enough? Not at all... there is a little life that was snuffed out before it even got started. But if you have ever been a victim of a crime then having some closure is better than not having any at all whether you 100% agree with the deal or not. I can honestly tell you that unless you have had the nightmare of walking that path you cannot truly understand.

Thursday, February 07, 2013 at 11:10 PM
Correct Defintion said...

Sorry Mr.Redance. All of your supporters will stand by your side. And for everyone who doesn't understand the plea he taken read the news article and maybe the judges OWN words can explain that to you it was accessory AFTER the fact of child abuse which means that he either did not know at the time the child was being abused BUT he SHOULD have known, just like all the other people who saw her on a daily basis SHOULD have known

Wednesday, February 06, 2013 at 5:19 PM shocked said...

for anyone to say that he took this plea for "other" people and so that no one else would have to go through another long trial...give me a break. he took this plea to save himself. so what he wont get to see his children for a year and nine months. he shouldnt be allowed to see them ever. children deserve parents that care about them and their safety and well being. that is obviously not one of redance's priorities. prayers for Alyssia's family. prayers for anyone that thinks lamm and redance arent guilty of murder.

Wednesday, February 06, 2013 at 11:58 AM Grandmother of seven said...

My heart aches for little Alyssia. How could this possibly happen and the two people responsible for taking her life will serve only a few months of jail time as their punishment. Heartbreaking.

Wednesday, February 06, 2013 at 9:32 AM TO BLAME THOSE WHO ARE ELECTED said...

The mother and the boyfriend are both guilty of the death of this child, and I don't think anyone is laying the "blame" on the judges & DAs. However, it is their fault that no one will ever be convicted for the murder of this baby. I don't think there are any laws written that state everyone must be given a plea deal instead of going to trial for what they are charged for.

Wednesday, February 06, 2013 at 8:47 AM The Truth said...

The freaks come out at night. Especially in freakytown.

Wednesday, February 06, 2013 at 6:08 AM Ridiculous said...

So both were offered a plea? If they both were just accessories after the fact, then who does the court think killed her, a ghost? It's ridiculous that they didn't make sure that someone paid for that baby being tortured and murdered!!

Wednesday, February 06, 2013 at 11:38 PM WOW said...

Weird..because the picture in the paper showed both HIM AND HER in t he gas station buying cigarettes while that little girl laid there dying. To you people on your high horse that have the nerve to say "poor him"..he should NEVER be allowed near his children. Clearly he has a problem..whether he laid hands on that child or not he knew what was going on. And where were his kids while he was living with this woman anyway? Please save your "sob" stories for someone who cares...but you are right about one thing...God can judge..and believe me He already has and they will ultimately pay for their sins in Hell. Children are precious in Gods sight..but baby killers? I'm not so sure.

Wednesday, February 06, 2013 at 11:09 PM Still believes in karma said...

He's going to go play on the big playground now, and some of the big boys may not like what he's there for!

Tuesday, February 05, 2013 at 7:38 PM Blame those who are elected... said...

Yes, blame the two people who had part of killing the child-- they are ultimately responsible for their heinous actions. The have the entire blame for this beautiful little girl not being able to live out her life.....
.. but come on people you cannot blame the judges and the DA's.... They are only following the laws that the ELECTED OFFICIALS put in place. IF you don't like the way the laws are written and the courts operate then VOTE IN THE NEXT ELECTION... BECOME informed on who is running and what their beliefs are ... Seriously... think about it... how many of you posting on here really become informed about the judges and DA's and the law makers you send to Raleigh? Not enough!!! That is for sure.... so if we are going to blame someone for the court system... look around at your neighbor and in the mirror... those are the people responsible... the people who voted these jokers into office.

Tuesday, February 05, 2013 at 7:27 PM To Blame said...

If you will re-read the comment, I stated I hope the DA that gave HER a plea deal has sleepless nights...I think that he took a plea deal for what he is guilty of. However, her plea deal is a different story...

Tuesday, February 05, 2013 at 4:55 PM Blame said...

Let's lay blame where it should be. The DA tried him and 11 of Wilson County's finiest could not find him guilty. How can they sleep at night ! God bless the one that stood alone.

Tuesday, February 05, 2013 at 2:12 PM Court system is a joke said...

Another fine example of our joke of a court system! A baby is dead & NO ONE will ever be convicted for her murder. We wonder why society is the way it is today....wake up....there are no consequences anymore for crimes! It is so disheartening to think that this baby girl lived a life of torture and is now gone at such a young age and no one will pay the price for her life ending so soon. I hope that Lamm & Redance are haunted by this everyday the rest of their lives. I hope everytime they close their eyes they hear the desperate cry of help that Alyssia must of had. I hope that neither of them are able to sleep & the images of this baby are embedded in their brains!!! I hope that the DA that gave the plea deal to her has lots of sleepless nights too!!! Wonder if they would approve a plea deal if it was their child/grandchild???? How do you cut "deals" and a baby is dead???????????

Tuesday, February 05, 2013 at 1:31 PM nan said...

God forgives!!!!!!!!!

Tuesday, February 05, 2013 at 11:40 AM curtis said...

Now comes the money part. Who is going to pay for their court appointed lawyers and court expenses for the first trial and now the second hearing and later for "her" sentencing hnearing?? Dont tell me the taxpayers....these two pieces of ship (oops) should be made to pay if it takes the rest of their natural lives. Stop this mess now.

Tuesday, February 05, 2013 at 11:39 AM @ @ anyone 4 redance said...

AMEN! Thank you for eloquently putting what I was trying to say! They both deserve to be stoned in the courtyard! Accessory after the fact, means he knew it and was in a position to stop it!! To his family, I am sorry that you are going through this, but NOONE is to blame but him and Lamm. No need to judge, the facts are the facts, GUILTY & getting off with such a light prison time is sickening!!

Tuesday, February 05, 2013 at 10:00 AM twindad said...

If anyone needed a snapshot of what is wrong with our jusdicial system, this is it. A little girl is murdered, and folks get away with a child abuse verdict.

Tuesday, February 05, 2013 at 9:38 AM @ anyone 4 Redance said...

Here is the bottom line. I dont need to know him or anything about him. If he had nothing to do about it or didnt know anything about it then he would not be in this position. I dont care how nice he is he is nor what he pled guilty to. He is GUILTY of MURDER and so is she PERIOD. It is absolutelty ridiculous to think that you people can just talk so highly of this scum when this poor child was horribly murdered. Furthermore since she was murdered one of them should have to serve time for murder. I hope both of them live the rest of their lives in agony much like the little girl spent her short years on this earth.

Tuesday, February 05, 2013 at 9:34 AM ?? said...

To unknown...Talking about redance not being able to see his children for a year and 9 months...Really?? Mr. Kirby will NOT be able to see his daughter FOREVER..I 'd take the year and 9 months anyday over FOREVER!!!

Tuesday, February 05, 2013 at 9:15 AM becca said...

One of them KILLED this innocent Baby and Someone should be Charged with MURDER.Mr. Kirby will NEVER get to hold his child again ...Plea deals SUCK and should never be allowed !

Tuesday, February 05, 2013 at 9:07 AM Remember said...

just remember one word......karma

Tuesday, February 05, 2013 at 8:15 AM family said...

The only people I feel sorry for is Alyssia, her dad, and the rest of and her dad's family. The only people who actually know what happened in that apartment are 2 admitted liars and 1 dead baby. Knowing about child abuse and not doing anything about it makes you just as guilty as if you did it yourself. Neither one of them did anything to protect that baby and should pay for it. Matt will do his maximum time which is 57 months with time served (16 months). Do the math, that's 41 months (about 3 and 1/2 years). When he gets out of prison, he will be able to see his family and children. A luxury Alyssia and her dad will ever get again. "Poor Matt", year right. POOR ALYSSIA for having to be put in a situation where NOBODY cared enough to protect her. (BTW, her dad was out of the state they whole time they were beating her, he had just gotten back days before she died)

Tuesday, February 05, 2013 at 7:50 AM at unknown said...

I pity you for your poor misguided trust. He and Angel were living together. The child had been repeatedly abused. One or both were doing the abuse or one was sitting back while the abuse was occurring. My God, to inflict torture or ignore the screams, both are guilty. Neither should ever be allowed around children again.

Tuesday, February 05, 2013 at 7:20 AM Unknown said...

Accessory after the fact , in which means both had something to do with it , both of them should get there punishment from someone in prison .. Both plead guilty of the same charge , our justice system today serves no justice ...they both will get there day !

Tuesday, February 05, 2013 at 6:19 AM not happening said...

There will not be another trial whats done is done they both took pleas now we are just waiting to her sentence to be handed down and if you read the coverage and view the video of the trial lamms story did change and i dont know whats going to happen

Tuesday, February 05, 2013 at 11:11 PM unknown said...

@ wow: i couldnt agree with you more. he is ready to put this all behind him. for those to judge him that dont even know him; its really sad. his kids wont be able to see their daddy for a year and 9 months; some people need to put themselves in the families shoes. the only person to judge him is GOD & thats it! @ sick!: you shouldve went to court & listen to all that was said. people would tell you that her side of story could never stay the same.

Tuesday, February 05, 2013 at 10:29 PM WT Bias said...

Change the headline to read, "Heterosexual Man Pleads Guilty to Accessory to Child Abuse". And the other news story today should read, "Heterosexual Man Arrested for Molesting Girl". Really - if these were stories involving gay men and children, the headlines would probably say, "Homosexual Arrested...." & "Homosexual Guilty...". Why didn't these articles start with "Heterosexual"?

Tuesday, February 05, 2013 at 9:11 PM thatjustwonderful said...

So here we go again..everyone thinks that they know everything but yet they know nothing. How can you judge some one and you dont know the story? You need to think about all the families involved. So if you dont know whats going on then stop talking about it and let these families heal.

Monday, February 04, 2013 at 7:49 PM WOW said...

There wasn't no video surveillance of him not caring about that little girl. People should know everything before anyone judges and frankly that's no ones job but god. He ended this misery for everyone involved by taking this plea and not going though a lengthy and gruesome trail. And apparently the family of that little girl knew he done no harm to her because they are the one who gave the d.a a go ahead in offering this plea. The only thing he done wrong was not telling the cops everything he knew, which was probably because e was scared to death. Justice has been served,for what wrong he did. Now, they should take the mothers plea back and try her for murder. But probably won't happen because it will cost the state to much time and money. So sad.....

Monday, February 04, 2013 at 5:02 PM know her said...

they are both guilty in my book...if they both knew what was going on and allowed it.. then they are both guilty. What kind of person can do that to an innocent child. this makes me sick to know alyssia will have no justice!

Monday, February 04, 2013 at 5:01 PM @ sick! said...

Alyssia's "mother" fooled a lot of people with the tales of her injuries including the doctors & nurses that treated Alyssia on a regular basis. Alyssia was let down by many but she died by the hands of her "mother".

Monday, February 04, 2013 at 4:45 PM sick! said...

@ Unknown - What about justice for this little girl? If he pled guilty to after the fact, he obviously knew something and should rot in jail for not stopping the abuse. I don't feel sorry for him, may God have mercy on his soul.

Monday, February 04, 2013 at 3:55 PM Saddened said...

How sad is it that a little girl slowly died and these 2 literally are going to get away with MURDER? People can say poor him all they want, he knew exactly what was going on and didn't care, the video survelliance showed that. As for her mother-there are truly no words..if you don't want kids you shouldn't have them. It angers and sickens me that they will only end up doing a few months in jail for killing an innocent child. These 2 should be ashamed of themselves and I hope they know the punishment that will await them after life on Earth.

Monday, February 04, 2013 at 3:46 PM said...

So then who is going to be charged with murder if they both pleaded guilty to accessory after the fact??

Monday, February 04, 2013 at 1:58 PM unknown said...

I'm so sorry. I wish I could've done more to help you. Crushed doesn't even begin to start how I feel. I'm so sorry Matt. Love you so much. Keep your head up. We love you!

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