A trial is set to begin Monday for a tattoo parlor owner accused of repeatedly running over a man with a sport utility vehicle in 2008. Stanton Mark Moretti Jr., 45, of the 100 block of Raymond Street in Raeford, is charged with first-degree murder in the death of Aaron Lazarus McLeod, 28, of the 400 block of Horseshoe Road in Fayetteville.
Moretti, who owns Dog Pound Tattoos on Yadkin Road, told officers that he ran over McLeod after McLeod threatened his wife during a robbery attempt.
McLeod's family has openly questioned Moretti's version of events. If convicted, Moretti could face life in prison or the death penalty. McLeod's death sparked defense and condemnation of Moretti's actions, with some Fayetteville residents calling him a hero and others saying he went too far.
Court documents filed Thursday give further insight into Moretti's version of the incident. According to a report prepared by a possible defense witness, Moretti never intended to hit McLeod with his 2006 Yukon Denali and was acting in self-defense.
The report was prepared by Dave Cloutier, an expert on the use of force. The report relies heavily on a private, Jan. 24 interview in which Moretti says he first hit McLeod after ducking down when it appeared that McLeod was reaching for a gun.
Investigators have not reported finding a gun at the scene, but Moretti told Cloutier that when he ducked, he turned the steering wheel to the right and heard a loud bang. The report says Moretti then circled McLeod to prevent him from leaving. Moretti struck McLeod a second time after hearing another loud bang.
That latter sound was the tire on Moretti's SUV bursting, but Moretti thought it was a gunshot and immediately reversed his vehicle, running over McLeod in the process, the report says. Prosecutors hope to block testimony from Cloutier, arguing in a pretrial motion that the evidence is impermissible.
They also hope to block testimony by a defense psychologist who examined McLeod's medical and mental health records. Prosecutors contend that McLeod's emotional or mental health issues are irrelevant to the case.
A lawyer representing Moretti shortly after McLeod's death said his client had no intention of killing McLeod. 2008 arrest Moretti was arrested after McLeod died Feb. 28, 2008. He was released on $160,000 bail about a month later. Under conditions of his release, Moretti was required to wear an electronic ankle bracelet.
According to Fayetteville police, Moretti ran over McLeod at least three times near the Primo Pizza on Yadkin Road on Feb. 22, 2008. Moretti told investigators that he believed McLeod tried to rob his wife at knife point outside the restaurant.
Several audio recordings of 911 calls released by Fayetteville police after McLeod's death reveal that the confrontation lasted more than two minutes and that bystanders watched in horror as they described it.
The first 911 call was made after Moretti fired two warning shots following what he and his wife, Anna, say they believe was a robbery attempt outside the restaurant. Seconds later, according to the 911 tape, the caller reacts as McLeod is run over repeatedly. "He's running over him again! Oh man, come on!" the caller says.
A lawyer who represented Moretti shortly after McLeod's death said Moretti once used a vehicle during another dispute that resulted in an assault charge against him. The lawyer, Michael Boose, said Moretti smashed his car into the back of another vehicle to keep his wife from driving it.
But Boose said Moretti did not have a temper problem and did not intend to kill anyone. He said then that some witnesses indicated McLeod wasn't stopping and either cut in front of the vehicle or was running off the road while being pursued. Moretti is now represented by public defender Pam Leslie.
Victim's family McLeod's family has questioned the circumstances of the slaying, saying they don't believe the 28-year-old college student tried to rob anyone. McLeod's mother, Joyce McLeod, declined to comment before the trial. But she previously told a reporter that McLeod didn't drink or do drugs and was heavily involved in church.
She said McLeod was a quiet student who never committed an act of violence and wouldn't need to rob anyone because he was from a large, supportive, well-off family.
Moretti's trial has been delayed several times in the past two years. The case will begin at 10 a.m. Monday before Judge Franklin Floyd, according to court officials.