Gaston County prosecutors are considering whether to seek the death penalty in the case involving the death of 23-year-old Aaliyah Fortner, a woman with autism who died while living at a group home near Dallas, North Carolina. If pursued, it would mark the county’s first capital case in approximately 15 years.
The district attorney has requested six months to determine whether capital punishment will be sought against Marlo Wallace, the group home operator charged in connection with Fortner’s death.
Case
Aaliyah Fortner, who was nonverbal and lived with autism, died last year at a group home on Greenbrook Trail.
According to court records, Marlo Wallace faces charges related to her death. Prosecutors said the case is being reviewed differently from other homicide cases typically handled by the Gaston County District Attorney’s Office.
| Case Details | Information |
|---|---|
| Victim | Aaliyah Fortner |
| Age | 23 |
| Location | Group home on Greenbrook Trail |
| Defendant | Marlo Wallace |
| Current Decision | Death penalty under review |
Allegations
Arrest warrants allege that Fortner was physically assaulted while living at the group home.
According to prosecutors, she was beaten with a broom and shocked with a taser. Authorities also said some of the alleged abuse was captured on video, but there was an attempt to delete the footage.
Officials have stated that Fortner died from malnutrition while residing at the facility.
The allegations remain part of the criminal case, and the charges against Wallace have not been adjudicated in court.
Guardian
Glenda Watkins, Fortner’s former guardian, said the young woman had the mind of a child and was considered part of her family.
Watkins said she believes justice should move forward without delay and questioned whether six months is necessary for prosecutors to make their decision regarding capital punishment.
Legal
Attorney Brent Ratchford, who is not involved in Wallace’s defense but worked on Gaston County’s last capital trial, said the allegations appear to fit the type of case in which prosecutors may consider seeking the death penalty.
He also noted that capital cases require significantly more time and resources because they include automatic appeals and heightened legal review.
According to Ratchford, those factors have contributed to prosecutors being more selective when deciding whether to pursue the death penalty.
History
The last capital trial in Gaston County occurred about 15 years ago and involved Danny Hembree, who was sentenced to death after confessing to three murders. That conviction was later overturned on appeal.
Ratchford said the outcome influenced the district attorney’s office to avoid pursuing additional death penalty cases in the years that followed.
The current review also comes after the passage of Iryna’s Law, legislation that restored the use of the death penalty in North Carolina after legal challenges had effectively paused executions since 2006.
The Gaston County District Attorney’s Office now has six months to decide whether to seek capital punishment against Wallace. Until that decision is made, the case will continue through the judicial process.
FAQs
Who was Aaliyah Fortner?
A 23-year-old woman with autism who died at a group home.
Who is charged in the case?
Group home operator Marlo Wallace.
What are prosecutors considering?
Whether to seek the death penalty.
How long do prosecutors have to decide?
They have six months to make the decision.
When was Gaston County’s last capital trial?
Approximately 15 years ago.
