Charges dropped against man in UNC Charlotte student’s 2008 murder, court document says

GASTON COUNTY, N.C. — The charges have been dropped against a man once convicted and sentenced to life in prison for the 2008 death of a UNC Charlotte student, a court document said.

According to a court document obtained by Channel 9 on Friday, the Gaston County District Attorney’s office dropped the murder charges against Mark Carver. The notice of dismissal said “upon retesting and re-examination of the physical evidence, there is no longer sufficient DNA evidence to support the charge.”

The notice comes more than two years after a judge overturned Carver’s 2011 conviction for the murder of Ira Yarmolenko.

Carver and his cousin, Neal Cassada, were fishing near where UNC Charlotte student Irina “Ira” Yarmolenko’s body was found on the banks of the Catawba River in 2008.

Investigators said Yarmolenko had been strangled and her body was found next to her car.

Both Carver and Cassada were arrested and charged with murder. Cassada died the day before his trial.

Carver was convicted of first-degree murder in 2011.

In June 2019, a judge ordered a new trial in the case, citing several significant mistakes made by Carver’s original attorney during his trial, including critical evidence that was never shown to the jury. The judge ruled that DNA evidence used in his trial wouldn’t be admissible by current standards.

The judge also said Carver’s trial attorney didn’t consider his low IQ and carpal tunnel syndrome.

Carver was released from prison after nearly a decade in June 2019 and was required to wear an ankle monitor while out on bond. An appeals court ruled against a move to have him sent back to prison in April 2021.

The monitor restricted Carver from leaving the state, even after a judge determined there were questions about the testing of DNA and other flaws in his 2011 conviction.

In January 2022, Channel 9 learned Gaston County’s district attorney, Travis Page, was taking the first steps toward a possible retrial for Carver. Page wanted to retest DNA evidence in the case.

Now, Carver is cleared in the case and had his ankle monitor monitor taken off Friday.

“Today, upon review of (lab) analysis, the District Attorney’s Office concludes that the evidence no longer supports a charge of First Degree Murder against Mark Bradley Carver or Neil Leon Cassada. Accordingly, the remaining charge of First Degree Murder against Mr. Carver has been dismissed,” a statement from the Gaston County District Attorney’s Office said in part.

‘Thank God’: Carver’s loved ones react to charges dropped

Channel 9′s Ken Lemon was there Friday when the GPS monitor was removed from Carver’s ankle. He said there was so much joy in every step to this office.

Carver was too nervous to speak, but his sister-in-law, Robin Carver, relayed this sentiment: “Thank God. Thank God.”

Chris Mumma, the attorney who fought to get Carver’s conviction overturned, joined him via video from Raleigh. Mumma said she couldn’t comment on the reason for dismissal, but said it it backs up her original claim.

“Our original position had been from the moment we took this case that Mark’s DNA was not on anything,” she said.

She celebrated Carver’s first steps as a free man.

Mumma, the Carver family and the district attorney all agreed someone must be held accountable for Yarmolenko’s death.

“Consistent with our mission and our promise to this community, the Gaston County District Attorney’s Office will continue to seek justice for the Yarmolenko family and all homicide victims as the evidence and rule of law permit,” the district attorney’s office said on Friday.

Editor’s note: A previous version of this story said the Gaston County District Attorney’s Office had not commented on the decision to dismiss charges. That was incorrect. A portion of the office’s release has been included above.

MORE PREVIOUS COVERAGE:

• Man found guilty in UNCC student’s murder
• Irina “Ira” Yarmolenko’s Death: Timeline Of Events
• Judge grants new DNA testing in case of man convicted in UNCC student’s murder
• ‘I’m innocent’: Man granted new trial in UNCC student’s murder released from jail

(WATCH BELOW: Gaston County DA hopes to use DNA evidence in case against Mark Carver)

Gaston County DA hopes to use DNA evidence in case against Mark Carver

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