Soyer Lewis Moll v. N.C. State: A Study in 1st Degree Murder

Soyer Lewis Moll, the
Accused and Convicted

Virginia Moll, the victim

The following is a work-up on a true case of murder in the first degree in Jacksonville, NC. 


While I don't work for the DA, this was studied and written...as if I was an assistant to the DA.  Quite apart from my work below which deals with the facts, the DA along with the significant research done by Onslow County Sheriffs successfully prosecuted Soyer Moll. 


Here's my fictional effort, yet involving all the pertinent details of the case.  This is a simple MEMO of LAW recommending that the DA prosecute Moll for "Murder 1."  Behind this MEMO, we have a 26-page MEMO of FACTS which we've not posted here.


"Book em' Danno," that famous line from Hawaii Five-O. 


By the way, it took the jury 90 minutes to return an unanimous verdict of "Guilt of Murder in the First Degree."  Congratulations to the DA and Sheriffs for stellar work.  The sorrows and prayers are extended to the families and, most notably, Naomi, the 1-year old daughter who will grow up without her Mother, Virginia, and without her Father, Soyer Moll, now serving his sentence of "life without parole."

DISTRICT ATTORNEY OFFICE

632 COURT STREET

JACKSONVILLE, NORTH CAROLINA

910-455-8008

MEMORANDUM OF LAW

From:         DONALD PHILIP VEITCH

To:              ERNIE LEE, District Attorney

Subject:     SOYER LEWIS MOLL

                    Case #: 09 crs 58119

Date:           3/14/2012

CC:             Mike Maulstby, Assistant District Attorney

QUESTIONS PRESENTED

1.  Did Soyer Moll murder Virginia Moll, his wife, on 29 Oct. 2009 at 207 Sandridge Ct., Hubert, NC in Onslow County, NC?   

2.  More specifically, did Soyer Moll commit murder in the first degree according to N.C.G.S. § 14-17?  Legally, do the elements in this crime rise to the threshold requirements for murder in the first degree?

BRIEF ANSWER

Yes, Soyer Moll murdered Virginia Moll, his wife on 29 Oct. 2009 at 207 Sandridge Ct., Hubert, NC in Onslow County, NC.   Soyer Moll confessed, verbally and in writing, to several witnesses, including law enforcement officials and one eye witness, an accessory after the fact, Toby Wynn, that he committed the murder of his wife .

Yes, Soyer Moll committed murder in the first degree, satisfying the threshold issues in   N.C.G.S. § 14-17 and correlative NC state rulings.

DISCUSSION (or ARGUMENT)

Several issues are involved that justify the conclusion below.  First, Soyer Moll acted with malice satisfying three elements in the definition of malice aforethought.  Second, Soyer Moll murdered his wife with a specific intent to kill, an intent formed after premeditation and deliberation. 

First, there are three threshold issues related to “malice aforethought.” 

• Soyer Moll possessed emotions of hatred, ill will, and spite against his wife, Virginia Moll (297 N.C. 168).  Moll confessed to a pre-existing marital discord.  Soyer Moll’s mother corroborated the pre-existing marital discord.  Another witness, an accessory after the fact, Toby Wynn, corroborated Moll’s ill will and spite by rehearsing Moll’s post mortem rationale that he, Soyer Moll, killed his wife in order to have a better life. This constitutes ill will and spite.
• Soyer Moll committed an inherently dangerous act,” specifically, “as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief” (351 N.C. 386; 311 N.C. 391; 190 N.C. 674; 98 N.C. App. 600; 105 N.C. App. 377).  The forensic medical examiner ruled that Virginia Moll’s death was “manual strangulation by ligature” which required approximately six (6) minutes to effect.  Moll’s act was utterly without regard for human life, his social duty, and it was deliberately mischievous.  
• Soyer Moll had no just cause, no excuse and no justification to inflict bodily injury (307 N.C. 184).  There are no issues of self-defense or a condition of mind that warranted Moll’s state of mind or actions.  Moll’s confessions indicate that he had no just cause, no excuse and no justification to inflict bodily injury.

Second, Soyer Moll acted with a specific intent to kill, an intent formed after premeditation and deliberation.  There are several issues that shape this point and are answered by Moll’s actions.

• Soyer Moll engaged in premeditation, that is, thinking about the murder beforehand.  Soyer Moll confessed, verbally and in writing, that he planned the argument.
• Soyer Moll confessed, verbally and in writing, that he pre-staged the scene with the red rope and the surveyor’s stake, the tool that was used to apply torque force to the rope around the neck.
• Soyer Moll confessed, verbally and in writing, that he previously researched ways to beat lie detector tests, should he have needed these techniques.
• Soyer Moll confessed, verbally and in writing, that he sought to have an “alibi” for the purpose of having date-stamped and time-stamped receipts by making purchases at WILCO and Subway, Swansboro, NC.
• Toby Wynn, in writing, an accessory after the fact, escorted Soyer Moll as he took the victim, Virginia Moll, in a garden cart 1300 feet behind the marital residence.  While observing Soyer Moll dig the shallow grave with his wife on the ground, Wynn observed Moll as he seated himself on his “buttocks” beside the body and as he used both feet to kick the wife into the grave.  As the event unfolded, the “receipts” or the “alibi” receipts dislodged from Moll’s pockets.  Moll informed Wynn that these receipts were important as an “alibi,” if law enforcement officials ever became involved.
• Soyer Moll’s deliberation was in a “cool state of blood” (296 N.C. 623; 326 N.C. 253).  Soyer Moll confessed, verbally and in writing, that he was “not angry” when he killed his wife.  Although there had been a violent physical altercation before--or during--the murder resulting in deep scratches to both Soyer Moll’s neck and arms (multiple witnesses, see MEMO of FACTS), yet Soyer Moll applied the strangulatory ligature for six (6) minutes. With a coolness of mind on Soyer Moll’s part, as Toby Wynn chanced upon the murder scene and escorted Moll and the deceased Virgina Moll to her grave, Soyer Moll said rationally, “I’m glad it’s you.  I thought it might be my cousin and I’d have to bury two people.  Don’t freak out, but yeah, I just killed my wife.”  Soyer Moll sought to calm and reassure his friend.
• As Soyer Moll and Toby Winn escorted the deceased 1300 feet aft of the marital residence, Soyer Moll repeatedly told Wynn that this murder was “best for me and my 1-year old daughter.”  Soyer Moll said that he and his daughter would have a better life without Virginia Moll.  Soyer Moll was cool and rational, aware of the situation, aware of the intent and consequences, and was aware of the right and wrong of his actions.
• There was no provocation (303 N.C. 293) for the murder and the circumstantial evidence informs the prosecutor of Moll’s state of mind before and after the murder.  Moll researched how to beat the lie detector test before the murder (he failed twice with OCSO).  Moll dropped the 1-year old off at the babysitter’s house.  Moll planned the argument.  Moll proceeded to seek his “alibi” with time-stamped receipts before returning home.  There is no evidence other than pre-existing marital discord—Soyer Moll confessed, verbally and in writing, that there was no provocation by his wife.  Moll had pre-staged the scene with the red rope and the surveyor’s stake as the tourniquet-force-applicator.  After the murder, Moll attempted to cover-up his actions.  After the murder, Moll immediately used his wife’s cell phone at 1134 EST, 29 Oct. 2009, to send a text-message from her cell phone to his cell phone, to further advance his “alibi” that he was not home at the time.  After the murder, Soyer Moll placed the victim’s clothes in three large plastic bags and threw them into the dumpster at his place of employment, WILCO, Swansboro.  Surveillance tapes confirm this.  These actions were to advance and confirm his thesis to others that Virginia Moll had voluntarily left the home and was only a missing person.  After the murder, he sought and engaged Toby Wynn to cover-up the murder.  Wynn did keep this quiet.  After the murder, Soyer Moll attempted several self-excuses with Virginia Moll’s sister and family members, to wit, that Virginia Moll had voluntarily abandoned their home.
• This was a brutal killing, e.g. strangulation, as per 328 N.C. 505; 332 N.C. 565.  The primary cause of death was asphyxiation due to the secondary cause, manual strangulation by ligature.

CONCLUSIONS

Based upon the facts in this case, together with the explanation of the law, the charge of murder in the first degree against Soyer Moll should be prosecuted.

Respectfully submitted,

DONALD PHILIP VEITCH