Man Allegedly Kidnapped N.C. Girl While She Waited for Ride to School Bus, Then Raped and Killed Her

Hania Aguilar's father, who lives in Guatemala, could not attend her funeral because his request for a visa was denied

Photo: FBI

A 34-year-old man has been formally charged with the abduction, rape and murder of Hania Aguilar, the 13-year-old North Carolina girl who was taken from a yard on Nov. 5, where she had been waiting for a ride to the school bus, PEOPLE confirms.

Michael Ray McLellan has been charged with first-degree murder, first-degree forcible rape, statutory rape of a person under 15 years of age or younger, first-degree sexual offense, statutory sex offense with a person 15 years or younger, first-degree kidnapping, felony larceny, felony restraint, abduction of child and concealment of a death, according to online court records.

Investigators from the FBI and the Lumberton Police Department state DNA evidence recovered from Hania’s remains — which were found on Nov. 27 in a remote section of Lumberton, North Carolina — led them to McLellan, who has been in police custody on unrelated charges since Nov. 13.

An arrest warrant obtained by PEOPLE states that on Nov. 13, McLellan was charged with possession of a firearm by a felon, second-degree kidnapping and attempted robbery with a dangerous weapon.

The warrant alleges that on Oct. 15, McLellan allegedly pointed a gun at a woman whose car he tried to steal.

Michael Ray McLellan. Lumberton Police Department

It was unclear Monday if he had entered pleas to any of the charges he faces, and PEOPLE could not determine if he had legal representation.

The warrant states McLellan has a conviction from 2007 when he committed an armed burglary. More details on that case were not immediately available..

Officials issued an AMBER alert for Hania around 10 a.m. on Nov. 5 — three hours after McLellan allegedly abducted her from a mobile home park in Lumberton.

North Carolina Dept. of Public Safety

At the time, police said the abductor grabbed Hania, an eighth-grader, while concealing his face with a yellow bandana. He put her in a green 2002 Ford Expedition and then sped off.

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The SUV was found abandoned three days later, and had been reported stolen out of Summerville, South Carolina.

The determination of Hania’s cause of death is still awaiting autopsy results.

Hania Aguilar. FBI

The charges against McLellan were filed on Friday.

Hania’s funeral was held Saturday at Lumberton High School.

Her father, who lives in Guatemala, could not attend the funeral because his request for a visa was denied, according to the News & Observer.

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