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Man, imprisoned for 1982 murder, freed
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Tom Joyce
Staff Reporter
A man who helped beat a local grocer to death before robbing him in 1982 is now a free man.
Andre McLeod, who'll turn 45 later this month, was released from the state prison system in late May after being approved for parole by the N.C. Post-Release and Parole Commission.
McLeod had been held in the Davidson Correctional Center near Lexington in connection with the murder of Tulio D'Amico, who ran a small grocery store on N.C. 103 east of Mount Airy.
D'Amico was attacked in his store on Sept. 30, 2002, by McLeod and three other men, according to previous reports. The incident occurred five days before D'Amico's 69th birthday. The storekeeper was hospitalized in critical condition due to injuries from the beating and died about 10 weeks later.
McLeod and his co-defendants were arrested on first-degree murder charges in the case and pleaded guilty to second-degree murder in August 1983 in order to escape the death penalty. McLeod, who lived at 511 Merritt St. at the time of his arrest, was sentenced to life in prison.
The sentencing judge in Surry County Superior Court found aggravating circumstances in the case, ruling that the crime was especially heinous, cruel and atrocious and perpetrated against a victim who was old and partially infirmed.
Along with McLeod, the defendants included James Leroy Payne, who is now 42; Sanford Martin Rucker Jr., now 45; and Rucker's uncle, James Aaron Shuff, who is now 46.
The men conspired to rob D'Amico because they needed money, based on earlier reports.
Payne was said to be the ringleader of the four, and he and McLeod took the most active role in the attack that led to D'Amico's death.
Court testimony showed that Payne jumped the elderly man from behind and that he and McLeod struggled with the victim before $690 was removed from the store's cash register.
When appearing in court in 1983, McLeod expressed remorse for his actions.
With the recent release of McLeod, Payne remains the only one of the four still imprisoned in connection with D'Amico's robbery and murder. Rucker and Shuff previously were freed.
The state's present sentencing law, known as structured sentencing, eliminates paroles for crimes committed on or after Oct. 1, 1994. However, the commission has responsibility for paroling offenders, such as McLeod, who were sentenced under previous guidelines.
Contact Tom Joyce at tjoyce@mtairynews.com or 719-1924.
Staff Reporter
A man who helped beat a local grocer to death before robbing him in 1982 is now a free man.
Andre McLeod, who'll turn 45 later this month, was released from the state prison system in late May after being approved for parole by the N.C. Post-Release and Parole Commission.
McLeod had been held in the Davidson Correctional Center near Lexington in connection with the murder of Tulio D'Amico, who ran a small grocery store on N.C. 103 east of Mount Airy.
D'Amico was attacked in his store on Sept. 30, 2002, by McLeod and three other men, according to previous reports. The incident occurred five days before D'Amico's 69th birthday. The storekeeper was hospitalized in critical condition due to injuries from the beating and died about 10 weeks later.
McLeod and his co-defendants were arrested on first-degree murder charges in the case and pleaded guilty to second-degree murder in August 1983 in order to escape the death penalty. McLeod, who lived at 511 Merritt St. at the time of his arrest, was sentenced to life in prison.
The sentencing judge in Surry County Superior Court found aggravating circumstances in the case, ruling that the crime was especially heinous, cruel and atrocious and perpetrated against a victim who was old and partially infirmed.
Along with McLeod, the defendants included James Leroy Payne, who is now 42; Sanford Martin Rucker Jr., now 45; and Rucker's uncle, James Aaron Shuff, who is now 46.
The men conspired to rob D'Amico because they needed money, based on earlier reports.
Payne was said to be the ringleader of the four, and he and McLeod took the most active role in the attack that led to D'Amico's death.
Court testimony showed that Payne jumped the elderly man from behind and that he and McLeod struggled with the victim before $690 was removed from the store's cash register.
When appearing in court in 1983, McLeod expressed remorse for his actions.
With the recent release of McLeod, Payne remains the only one of the four still imprisoned in connection with D'Amico's robbery and murder. Rucker and Shuff previously were freed.
The state's present sentencing law, known as structured sentencing, eliminates paroles for crimes committed on or after Oct. 1, 1994. However, the commission has responsibility for paroling offenders, such as McLeod, who were sentenced under previous guidelines.
Contact Tom Joyce at tjoyce@mtairynews.com or 719-1924.
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The following are comments from the readers. In no way do they represent the view of mtairynews.com.
beverly smith wrote on Jun 3, 2008 2:33 PM:
" He has served his time "
William H wrote on Jun 3, 2008 7:06 PM:
" But D'Amico is still dead !
they got off very easy. "
they got off very easy. "
Confused wrote on Jun 5, 2008 11:06 AM:
" Parole for someone in state prison that has commited murder, but no parole for federal prison drug offenders with no violent crime history?? Something seems to be wrong with this picture??? "
bevrly smith wrote on Jun 5, 2008 11:16 AM:
" under the law that is the time he got and he served it .I am not saying that he was right for doing that he is the only one that has to answer to god. "
