Wednesday, February 9, 2005

Quemado woman out on bond in 6-year-old homicide case

Audry Olmsted El Defensor Chieftain Reporter

AOLMSTED A Quemado woman, who was recently charged with the murder of her husband nearly seven years ago, is free on bond and scheduled for a preliminary hearing March 2.

Phyllis Carroll, 56, posted bond Feb. 4 after a hearing to reduce her bond from the original $500,000 to $250,000 cash or surety.

Carroll was originally scheduled to have a preliminary hearing Feb. 4.

State's Attorney Ramon Carrillo said the hearing was postponed because he was unable to contact an expert witness for the prosecution.

Reserve Magistrate Court Judge Clayton T. Atwood said the court is obligated to hold a preliminary hearing within 10 days of a person being arrested.

Carroll's defense attorney, Mark R. Horton, made a motion to hold a hearing to reduce Carroll's bond so she could post bail.

Horton said he argued at the hearing that Carroll is not a flight risk because she owns property in Quemado.

Horton questioned why she would be a danger to the community now, nearly seven years after the alleged murder.

Horton also cited Carroll's extreme health issues, saying she needed to have access to her doctors.

Carrillo said he argued in response that back in 1998, Carroll was not facing a murder charge as she is now, and now has reason to escape.

He said that because of the seriousness of the crime, Carroll's bond should not be reduced.

Horton questioned why the case was not prosecuted back in 1998 if the case was that serious.

Carroll was arrested Jan. 26 by State Police and charged with one count each of murder and tampering with evidence in the shooting death of her estranged husband, James Carroll on Oct. 21, 1998.

According to the affidavit for an arrest warrant, Phyllis Carroll told police she found her husband at his Catron County ranch about 7 miles northeast of Quemado.

Initially, Carroll's death was believed to be due to a heart attack but a later autopsy revealed he had died from a gunshot wound to the chest.

Police found discrepancies in Carroll's alibi, the affidavit said, including an apparent phone call she made to her husband from Grants, where she was staying with friends.

She left a message for James Carroll on his answering machine, when, according to phone records, no long-distance calls were made to his phone from Grants, indicating that the call was made locally, the affidavit said.

When police questioned Carroll's friends in Grants, they found a sweater that she had left behind that was taken into evidence.

That sweater was sent to the South Carolina Law Enforcement Division, Forensics Services Laboratory in South Carolina in September 2004 where trace evidence of gunshot residue was found. That residue matched gunshot residue found on James Carroll's shirt.

During a search of Phyllis Carroll's residence, police were able to find only one .38 caliber handgun, when the couple owned two.

The bullet taken from Carroll's body was a .38 caliber round.

aolmsted@dchieftain.com

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