Lawyers for the man accused of killing two Conway bank workers in August 2017 say evidence in the case was seized illegally because the accused murderer’s Miranda rights were violated.
A copy of the motion states the lawyers for Brandon Michael Council want to “suppress all evidence found by law enforcement officers on or about August 23, 2017, as a result of search a white Mercedes automobile.”
The motion claims officers spoke with Council in violation of his Miranda rights. Therefore, any evidence discovered in the white Mercedes based on the statements Council made was found during a search without probable cause.
When Council was arrested, law enforcement officers seized the vehicle. Detective M.T. McKnight prepared a search warrant application to search the vehicle, which was signed by North Carolina Superior Court Judge Jeff Fisher.
When the car was searched, officers seized numerous items of evidence, including the firearm allegedly used in the CresCom Bank robbery in Conway. As part of his “Facts To Establish Probable Cause,” Detective McKnight included the following language:
The vehicle was located after Council revealed to law enforcement where the vehicle was, pursuant to waiving his Miranda and agreeing to speak about the investigation. Council also admitted that the firearm used in the homicide was located in the white Mercedes . . . that Officer Slaughter saw him driving.
“The attorneys for Mr. Council maintain that any statements taken from Mr. Council by law enforcement were taken in violation of Mr. Council’s Miranda rights and were involuntary,” the motion states.
The attorneys for Council claim that these statements should not have been included in a search warrant application as a basis to establish probable cause.
Court documents show Council, of Wilson, North Carolina, is charged with two counts of murder, among other federal and state charges, related to the killings of two CresCom Bank employees during a robbery in August.
Bank video showed Council approach a teller and speak with her briefly. “Council then pulls a firearm, points it at the teller and shoots her multiple times,” court documents state. “Council then jumps over the teller counter. Council is also captured locating a second female employee of the bank who was hiding underneath a desk. Upon finding her, the video captured Council shooting the employee multiple times as she attempts to hide under the desk.”
Court documents show that Council was caught on video driving away in a white 2013 Chrysler 200 belonging to one of the victims of the robbery. The other victim drove a Honda, whose vehicle key fob was missing when police arrived at the scene. Documents confirm “multiple bank credit cards belonging to each of the victims” were also missing.
Just seven minutes after Council is seen on bank surveillance video, he returns to the Conway Express Inn, where it is believed he stayed for days leading up to the robbery and murders, in the victim’s car. The presumed killer leaves the driver side door open, grabs luggage from room 110, throws it in the trunk of the car and drives away, the affidavit describes.
Council was captured in Greenville, NC two days after allegedly killing the women and court documents say he was “found to be in possession of his NC identification card and key fobs for Chrysler and Honda vehicles.”
Council confessed to the CresCom bank robbery, court documents state. “Council further admitted to shooting both bank employees during the course of the robbery. Council told agents that he was desperate, he needed money and that he knew he was going to shoot someone.”
FBI agents document in an affidavit that Council said he “knew that he was going to hurt somebody that day.” He admitted to police that he watched a movie called Get Rich or Die Trying. Then, the man accused of killing two women during a bank robbery, told police “he did not deserve to live.”
Federal prosecutors previously announced they will seek the death penalty against Council.
The victims, 59-year-old Donna Major from Conway and Kathryn “Katie” Skeen, 36, from Green Sea, were identified by the Horry County Coroner’s Office the day after the murders.
