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DA Fox says no plea bargain in murder case

Posted Thursday, January 27, 2005

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HILLSBOROUGH - Carl Fox, the district attorney for Orange and Chatham counties, told a judge Wednesday that he would not offer a plea agreement to a man who is charged with killing a police officer's son.

Jimmy Ray Goldston Jr., of 2666 U.S. 64 West, Pittsboro, is charged with first-degree murder for allegedly killing Demarcus Lavar Smith, 24, at the Kingswood Apartments in Chapel Hill on June 17, 2004. Smith was the son of former Chapel Hill police captain Bobby Smith.

During a brief hearing in Orange County Criminal Superior Court, Goldston appeared with his attorney, Barry Winston. Fox was required to appear in court to say whether he would offer a plea agreement to Goldston.

He told Visiting Superior Court Judge J.B. Allen that he would not.

A tentative trial date was set for July 25. Motions in the case will be heard on May 24.

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