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Motions filed for court to consider dismissing Mark Carver’s charges in 2008 killing of UNC Charlotte student

A trial judge can now consider the motion to dismiss Carver’s charges. If the judge doesn’t dismiss the charges, there will be a new trial.
Published: Nov. 2, 2021 at 1:54 PM EDT
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CHARLOTTE, N.C. (WBTV) - Motions have been filed for a court to consider dismissing Mark Carver’s charges in the 2008 killing of a UNC Charlotte student.

Motions were filed in Gaston County Tuesday to dismiss the charges in the case of Ira Yarmolenko’s murder in 2008.

A trial judge can now consider the motion to dismiss Carver’s charges. If the judge doesn’t dismiss the charges, there will be a new trial.

The motion to dismiss reads in part:

“NOW COMES the Defendant, Mark Bradley Carver, by and through undersigned counsel, and moves the Court pursuant to the U.S. Constitution amends IV, V, and XIV and N.C. Gen. Stat. § 15A-954(a)(7) to dismiss the indictment and charge against him.”

The motion asks the court to dismiss the indictment and first-degree murder charge in Carver’s case. If the charges are not dismissed, attorneys request a hearing on this motion.

“All the evidence that was used to convict Mark Carver has been completely discredited,” said Chris Mumma, Director of The North Carolina Center on Actual Innocence. “The scientific physical evidence that they said was evidence has been discredited.”

Last week, the North Carolina Supreme Court denied the state’s petition to hear Carver’s case.

In June 2019, Carver - who maintained his innocence despite spending 10 years in prison on his conviction of killing UNC Charlotte student Ira Yarmolenko in 2008 - was released from prison after posting bond.

In 2019, a judge granted Carver a new trial based on ineffective counsel and new DNA evidence.

Earlier in 2021, The Court of Appeals dismissed the state’s challenge to Carver’s new trial.

Carver has spent the last decade behind bars on accusations of strangling 20-year-old Yarmolenka to death. In 2019, Carver’s new defense team says there was a lot of evidence that went untested and could have cleared his name.

“So that evidence came at a time as technology or the science develops and DNA becomes more sensitive, and touch DNA was the science that was used, or science, I should put in quotations, that was used in this case,” Mummo said. “And in 2010, The National Academy of Sciences put out guidelines for how mixture DNA should be interpreted and our state lab did not adopt those standards until 2013.”

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