Murder charge dropped against man who assaulted woman 22 years - FOX Carolina 21

Murder charge dropped against man who assaulted woman 22 years ago

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HENDERSONVILLE, NC (FOX Carolina) -

The first degree murder charge against a western North Carolina man, who assaulted a woman more than 22 years ago, has been dropped, according to Henderson County District Attorney Greg Newman.

Kenneth Guthrie, 50, was indicted on a first-degree murder charge by a grand jury in connection with the Dec. 23, 1990, assault of Jacqueline Cain Maybin, according to Capt. Steve Carter of the Henderson County Sheriff's Office.

Guthrie was arrested on the charge Tuesday, which was then dropped on Thursday. Newman said the law that was used to indict him did not apply to the case.

Maybin died on Dec. 18, 2012, over 22 years after the attack, and the medical examiner classified her manner of death as a homicide. The district attorney then sought charges against Guthrie.

Guthrie was previously convicted of beating Maybin at a party leaving her paralyzed, deputies confirmed. Newman said, if the crime had occurred six months later, the murder charge would not have been dropped.

In May of 1991, the North Carolina Supreme Court ruled that a person could be charged with murder indefinitely after an assault, Newman said.

He said prior to the 1991 ruling, the victim of an assault would have to die within a year and a day of the assault, for the perpetrator to be charged with murder.

Because the offense date of Guthrie's crime was prior to the ruling, Newman said Guthrie can not be charged with the murder of Maybin.

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