GASTON COUNTY, N.C. (FOX 46 CHARLOTTE) – Gaston County man, Charles Eubanks, who was accused of attempting to kill his spouse with a hammer, was found guilty of assault with a deadly weapon with intent to kill causing serious injury, and not guilty of attempted murder in the first degree Tuesday afternoon.
The state had earlier filed a notice of aggravating factors, which a defendant may admit or the jury can hear evidence, and return a decision if the aggravating factor is present.
Eubanks authorized his attorney, Tom Taylor, to admit the aggravating factor of ‘taking advantage of a position of trust or confidence including a domestic relationship.’ When the judge asked Eubanks if he agreed there was evidence to support the aggravating factor. Eubanks replied, “Yes sir.”
Melanie Eubanks spoke stating that Eubanks has never “apologized or showed empathy,” and made the family relive the trauma over and over. She added, “We all slept in the same bed for the longest time,” calling her ex-husband a “selfish and horrible person,” she asked the judge to impose the maximum sentence.
Defense Attorney Taylor spoke about Eubanks’ employment history as well as his community ties pointing to Eubanks’ mother’s presence in the courtroom for most of the trial. He also spoke of Eubanks remorse from the time of his arrest to his testimony at trial and asked the court to find mitigation.
Eubanks spoke in court Tuesday and said, “I am truly sorry for what happened to Melanie.” He also said he was sorry about how his children have been affected.
Taylor read a statement from Eubanks’ mother: “Charles is my first-born son and I love him with all my heart…I will still be here when this is all over.”
The court did find mitigation that Eubanks has a support system, his mother and uncle, and positive employment history prior to offense but determined the aggravating factors outweigh the mitigating.
Judge Phillips sentenced Charles Eubanks to a minimum of 104 months to – a maximum of 137 months.