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Hilton Denied Bond; Death Penalty Not Tabled

POSTED: 10:53 am EST January 9, 2008
UPDATED: 4:44 pm EST January 9, 2008

The man accused of kidnapping and killing a Gwinnett County hiker will remain in jail.

A Dawson County judge denied bond for Gary Hilton, 61, on Wednesday.

Questions are arising about the plea deal that led to the discovery of Meredith Emerson's body and whether Hilton could actually face the death penalty.

Sheriff's deputies hustled Hilton out of Dawson County court and back into jail.

Just moments before, Hilton appeared before Judge John Holtzclaw, who read Hilton his rights and the accusation against him.

"Mr. Hilton, you are charged with malice murder," Holtzclaw said. "The magistrate judge of Dawson County will deny you bond."

The entire hearing lasted less than five minutes.

Union County prosecutors have already charged Hilton with kidnapping Emerson.

The Union County district attorney, Stan Gunter, said he won't seek the death penalty because Hilton led authorities to Emerson's body.

However Wednesday afternoon, the Dawson County district attorney, Lee Darragh, said in a prepared statement they he could neither confirm nor deny whether he would seek a capital death sentence.

"Neither my staff nor I were made aware of, were involved in or invited to be part of any discussion between the U.S. attorney, district attorney Stan Gunter of the Enotaoh judicial district, not any of the defense attorneys on the disposition of this case in Dawson County," Darragh said.

Emerson disappeared on New Year's Day while hiking with her dog at Vogel State Park. That is when Hilton kidnapped her, according to prosecutors.

Authorities said Emerson was alive for three more days.

Investigators found her decapitated body Monday night in a Dawson forest.

While Hilton will not face the death penalty in Union County, it is not clear whether he will face it in Dawson County.

Authorities are also looking into whether Hilton is connected with several other murder cases in Georgia and in other states.


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