ASHEVILLE, N.C. – A superseding indictment was returned on December 4, 2018, by a federal grand jury, charging Derek Shawn Pendergraft, 21, of Asheville, N.C., with one count of first degree murder and two counts of aggravated sexual abuse resulting in the death of his Pisgah Inn co-worker, Sara Ellis.
Pendergraft was previously charged with second degree murder. The penalty for first degree murder is life in prison or death. The aggravated sexual abuse resulting in death charge carries a maximum penalty of life in prison or death.
The indictment includes a Notice of Special Sentencing Factors which could permit the United States to seek the death penalty. The Department of Justice has not yet announced whether it will seek the death penalty.
According to allegations contained in the superseding indictment and other court documents, on the evening of July 24, 2018, Pendergraft reported that his co-worker, Sara Ellis, was missing. Court documents allege that when initially interviewed by investigators, Pendergraft stated that he and Sara Ellis got off work shortly after 4:00 p.m., and decided to go for a hike on an unnamed trail near the employee housing area of the Pisgah Inn.
Rangers and first responders searched the area and located the victim’s body lying off an embankment, near a trail, within the boundary of the Blue Ridge Parkway, in Transylvania County, in the Western District of North Carolina.
Pendergraft is currently in federal custody. His court hearing on the new charges is set for Friday, December 7, 2018, at 10:00 a.m., at the federal courthouse in Asheville.
An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
In making today’s announcement, U.S. Attorney Murray thanked the National Park Service, the FBI, the SBI, the Transylvania County Sheriff’s Office, the Haywood County Sheriff’s Office, and the Cruso Fire Department for their respective work and assistance in this case.
Assistant U.S. Attorneys Don Gast and John Pritchard, of the U.S. Attorney’s Office in Asheville are in charge of the prosecution.
Key Facts
- State: North Carolina
- Category: Violent Crime|Sex Crimes
- Source: DOJ Press Release â†â€â€
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