Man convicted of Shelby’s 1997 murder files appeal

A man convicted decades ago of kidnapping, raping and murdering a woman recently appealed his verdict.

However, Travis McCord, who has been in prison since 1999, will continue to serve a life sentence under the North Carolina Court of Appeals decision.

McCord, 44, is responsible for the February 1997 death of Kristy Byers.

Taking a life

On February 9, 1997, a group of people stayed at the Governor’s Inn in Shelby. One of the group saw Byers staying in an adjacent room.

Byers visited the group’s meeting room and bragged about the money and drugs her boyfriend lived next door.

Several hours later, McCord and three others forced their way into Byers’ room. McCord, armed with a gun, raped her, then tied her up and put her in a car. The group headed toward Polkville and down a dirt road, where McCord dragged Byers out and shot her in the face.

The verdict is inconsistent with the constitution

McCord was 16 when he committed the crimes and 18 when he was convicted.

Since conviction, the U.S. Supreme Court has held that defendants who were under 18 at the time of their crime and were sentenced to life in prison are entitled to a commutation hearing.

The basis is that life imprisonment for juveniles may be unconstitutional.

In March 2023, a Cleveland County judge upheld the conviction, and McCord continued to serve his sentence of life plus 25 years.

Appeal

In McCord’s recent appeal, his lawyers presented three arguments.

Below is a summary of these arguments and the Court of Appeal’s response:

Argument: The judge relied on testimony given at his 1999 trial that he was the leader of a group that committed crimes, but the judge was not present to hear testimony that might support that.

Answer: The law provides that one judge may replace another in a jury trial.

Argument: The provisions on the basis of which the judgment was issued were unconstitutional.

Answer: The Supreme Court disagrees.

Argument: Mitigating circumstances such as age, immaturity, lack of understanding of the consequences of one’s actions, pressure from peers or family, and likelihood of rehabilitation were ignored.

Answer: The court denied the validity of each point and, as to the consequences, wrote:

“The court noted that a person of the defendant’s age, without intellectual or mental disabilities, would have known the consequences of armed robbery, rape, kidnapping and murder. The court further noted: The defendant deliberately minimized the chance of being held accountable for murder by moving the victim from the motel (a public place) to a remote location…”

The court found that McCord forced the others to participate in an execution-style killing to reduce the likelihood they would testify against him.

This article originally appeared in The Shelby Star: Man convicted of 1997 Shelby killing files appeal