Demario James Atwater was arrested by police in Durham, North Carolina, on March 11, 2008, for first-degree murder in the case of University of North Carolina, Chapel Hill student Eve Carson on March 5, 2008. He was turned over to Chapel Hill police on March 12. Police also charged Lawrence Alvin Lovett, Jr. on March 12 in connection with the Carson murder.

On January 16, 2009, U.S. Attorney General Michael Mukasey directed federal prosecutors to seek the death penalty against Demario James Atwater, who already faces the death penalty for first-degree murder, robbery and kidnapping in the state of North Carolina. CNN: Death Penalty Sought Against Suspect in UNC Shooting (January 16, 2009)Atwater, who has pleaded not guilty to all charges, is set to go to trial in November.Georgia Public Broadcasting Blog: Dealth Penalty Sought in Eve Carson Case (January 17, 2009)

Court documents released in the case say a confidential female informant contacted police after she had spoken with Atwater. She had seen a photo on television of someone attempting to use Carson's ATM card, and spoke with Atwater soon after. The informant claims he told her that he and Lovett had entered Eve Carson's home through an open door and forced her to accompany them in her car. They drove to an ATM and obtained her pin number before shooting her. They were able to get $1,400 out of her account, which documents revealed was the amount stolen over a two day period.CNN: Death Penalty Sought Against Suspect in UNC Shooting (January 16, 2009)

On March 5, 2008, 22-year-old student body president Carson was found shot multiple times in a street near the UNC campus. The Athens, Georgia, native was last seen alive at 1 a.m. that morning.

On June 30, 2008, Carson's autopsy report was unsealed, revealing that Carson was shot five times by two different guns. Wound patterns show she attempted to use her hands to shield herself from a shotgun blast to the head.Chapel Hill Chief Medical Examiner: Eve Carson Autopsy Report<ref/>