09/10/15 — Mitchell sentenced in his sister's death

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Mitchell sentenced in his sister's death

By John Joyce
Published in News on September 10, 2015 1:46 PM

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News-Argus/MELISSA KEY

Defense attorney William Gerrans, left, and Rico Mitchell hear his sentence which was for longer than they had hoped for due to his diagnosed schizophrenia. Mitchell was found guilty of murdering his sister Cquashanda Mitchell and attempting to kill his father, Robert Mitchell.

Emotions weighed heavily in Courtroom 1 of the Wayne County Courthouse Wednesday as Rico Antonio Mitchell, 30, clinically diagnosed as suffering from schizophrenia, pleaded guilty to second-degree murder and attempted first-degree murder.

Mitchell shot and killed his 19-year-old sister, Cquashanda Mitchell, the morning of July 13, 2011, while attempting to kill their father, Robert Earl Mitchell.

According to testimony, Mitchell was suffering from a paranoid delusion that his father had harmed him in some way.

Senior Resident Superior Court Judge Arnold O. Jones shared his sympathies with the Mitchell family, including Rico Mitchell, he said. But Jones said his responsibility lies with protecting the citizens of Wayne County and of the state.

Finding Mitchell guilty on both counts, Jones sentenced the defendant to consecutive sentences of 162 to 204 months in the Department of Adult Corrections and ordered he receive psychiatric care.

"I do not condone the behavior, but I do hope you get the help you need while in prison. And I will continue to pray for your family to heal," Jones told Mitchell.

District Attorney Matt Delbridge said he, too, is sympathetic to Mitchell's mental illness, but said his obligation -- like Jones, was to protect the citizens from potential relapses Mitchell might suffer if freed -- but was also to speak for those who could no longer speak for themselves.

"He does suffer from mental illness," Delbridge told the court. "That has not gone away. It has been subdued somewhat by medication, but there is no guarantee that will always be the case."

Mitchell's defense attorney, William Gerrans of Kinston, pleaded for leniency in the sentencing phase and showed great affection for the defendant after having worked with him for four years.

He said Mitchell did not fare well while being held in the Wayne County Detention Center his first year in jail, and Mitchell did not begin to improve until he was transferred to Cherry Hospital.

"When he first moved to Cherry, I thought he was going to die. He was 91 pounds," Gerrans said.

In the courtroom Thursday -- four years after the move to Cherry -- Mitchell weighed in at 141 pounds, Gerrans said.

He said Mitchell's weight gain accompanied his improved mental status after years of treatment with psychotrophic drugs and therapy, and he had repaired his relationship with his family.

Mitchell's eighth-grade teacher, a guidance counselor, his siblings and his parents all spoke on his behalf.

They each said his troubles began early in life and worsened throughout his life. Mitchell suffered from a learning disability at a young age, and IQ tests showed him on the borderline of mental impairment.

Things got so bad, Robert Earl and Belinda Mitchell had their son committed several times. Each time, however, Mitchell got out and things reverted to the way they were. He became withdrawn, temperamental and violent.

Two days prior to the shooting, Mitchell went on his own to the Waynesboro Family Clinic to seek medication. Doctors there wrote him a prescription, but he had no money to get it filled. Within 48 hours, Cquashanda Mitchell lay dead and Robert Earl Mitchell was left fighting for his life.

Mitchell said later in a statement he had only gone to kill his father and that he had never meant to hurt his sister. Both the prosecution and the defense agreed Cquashanda might not have been harmed had she not tried to intervene. But the prosecution -- and Jones -- said they had to err on the side of public safety.

Jones recommended Mitchell be sent to Craven Correctional Facility where the infrastructure exists to provide Mitchell with the medication and psychotherapy his condition requires and where he can be safely housed away from predatory inmates.

After sentencing, the Mitchell family was too overcome with emotion to comment. Since the murder, their eldest son, Robert Mitchell, has also passed away from an illness.

"They have been through so much," Gerrans said. "It is because they are a strong, Christian family that they are able to hang in there through a tough time."

Gerrans said he appreciated what consideration both the judge and the district attorney showed his client.

"I do have to say, Mr. Delbridge showed mercy not seeking the death penalty or life without the possibility of parole," he said.

And, despite his actions and his illness, Gerrans maintains Mitchell is a good person.

"He's a good guy. He always has been. What strikes me is how bad he felt about his sister," Gerrans said.