Wake County Deputy Ned Byrd was killed 2 years ago. Here’s where the case stands.
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Why we did this story: Over two years has passed since 38-year-old Wake County sheriff’s deputy Ned Byrd was found fatally shot by his patrol vehicle, with his K9 Sasha still in the car.
What you’ll learn in this story: Alder Marin-Sotelo, 27, and Arturo Marin-Sotelo, 31, are charged with murder. The older brother maintains his innocence. The younger brother fled to Mexico, where he is fighting extradition, and a sister has already served time for helping him escape. Read this story to see what’s happening now.
Two years after the killing of Wake County Sheriff’s Deputy Ned Byrd, one of the two brothers charged in his death remains in Mexico awaiting extradition, with no clear timeline on when he’ll be brought back to the United States.
Alder Marin-Sotelo, 27, and Arturo Marin-Sotelo, 31, are charged with murder in Byrd’s Aug. 11, 2022, shooting death. The 48-year-old Air Force veteran was found dead by his patrol vehicle in a rural area near Auburn Knightdale and Battle Bridge roads. His K9 partner, Sasha, was found unharmed in Byrd’s patrol vehicle.
The brothers were arrested Aug. 16, 2022, in Burke County on unrelated federal detainers. They were charged with murder the next day, court records show.
Brother maintains he is innocent
No potential motive has been released in Byrd’s killing, and Arturo Marin-Sotelo maintains his innocence, claiming he had nothing to do with the shooting. He filed a motion May 2 to separate his case from his brother’s, according to court documents.
“This defendant has cooperated with law enforcement since his initial contact with detectives, including providing a statement detailing his knowledge about the shooting death of the victim, Deputy Ned Byrd,” the motion states. “The statement exculpates defendant and inculpates his brother, Alder Marin Sotelo.”
Sister helped brother escape from jail
Alder escaped to Mexico from a jail in Farmville, Virginia., in April 2023 after his sister, Adriana Marin-Sotelo, and another woman worked with a fellow inmate to provide Alder with a getaway car. He was arrested in the state of Guerrero, where the brothers are originally from, on May 4, 2023, and has remained in Mexican custody ever since.
Adriana Marin-Sotelo pleaded guilty to conspiring to assist or instigate an escape and was sentenced to 10 months in prison on Nov. 17, 2023, federal court records show. She was released from prison Feb. 29, according to the Federal Bureau of Prisons.
Court records show the brothers’ next court date is an administrative hearing scheduled for Dec. 19, 2024. Jay Ferguson, Arturo Marin-Sotelo’s defense attorney, told The News & Observer his client has been awaiting trial in Raleigh’s Central Prison since his arrest. The state announced in a September 2023 hearing it will not seek the death penalty for either brother, according to court documents.
Brother fighting extradition to U.S.
Meanwhile, Alder Marin-Sotelo separately faces a federal conspiracy charge tied to his escape from jail. He was indicted on that charge on May 30, 2023, court records show. Marin-Sotelo also pleaded guilty to a charge of possession of a firearm by an illegal alien in December 2022. His sentencing hearing on that charge has been rescheduled multiple times and is currently set for March 13, 2025, at the Winston-Salem federal courthouse, according to court documents.
U.S. Attorney for the Middle District of North Carolina Sandra J. Hairston said in a written statement last month her office plans to pursue the conspiracy charge.
“No charges have been dropped in the federal cases filed in the Middle District of North Carolina, and the defendant is currently pursuing an appeal of the initial decision granting extradition,” she said.
Conversely, in the Eastern District of Virginia, Marin-Sotelo’s charge of escape from custody was dismissed June 25, according to court records. ABC 11, The News & Observer’s news gathering partner, reported last month the charge was dropped to speed up Marin-Sotelo’s extradition from Mexico.
Wake County District Attorney Lorrin Freeman said via email Tuesday that the case is pending while Alder Marin-Sotelo fights extradition.
“Mr. Marin-Sotelo is pursuing an appeal of his extradition order as allowed under law in Mexico,” Freeman wrote. “Unfortunately, we do not have a time frame on this.”
NC Reality Check is an N&O series holding those in power accountable and shining a light on public issues that affect the Triangle or North Carolina. Have a suggestion for a future story? Email realitycheck@newsobserver.com
This story was originally published September 4, 2024 at 5:30 AM with the headline "Wake County Deputy Ned Byrd was killed 2 years ago. Here’s where the case stands.."