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ANDERSON — Troy Alan Burkhart may dodge a date with the executioner when he walks into an Anderson County circuit courtroom this afternoon.
Burkhart, twice convicted and twice sentenced to death for the 1997 slayings of two Townville men and an Anderson woman, is due to be resentenced at 1 p.m. today. His fate lies in the hands of Judge J.C. "Buddy" Nicholson, the same judge who presided over his last trial.
The resentencing follows a decision by the South Carolina Supreme Court to throw out the sentencing portion of Burkhart's case because a prison official was allowed to describe prison conditions.
Burkhart was convicted a second time in 2000 for the gruesome murders of Shane Walters, 27, his brother, Stacy, 21, and Shane's girlfriend, 21-year-old Sonya Cann.
Nicholson will hear testimony from members of the victims' families before deciding Burkhart's fate, anything from 30 years to life for each murder.
Tenth Circuit Solicitor Chrissy Adams had declined to comment on the matter until after today's hearing, but members of victims' families are confident Adams will go all out to convince Nicholson that Burkhart should spend the rest of his life in prison.
Shane Walter's mother, Junita Shead of Seneca, said she was the only family member who opposed not asking for another trial on the sentencing phase of Burkhart's case. The others, she said, simply didn't want to go through it all again.
"The victims' families have chosen to give him this option. We all feel he deserves to die, but we didn't think we would live to see it. He has so many appeals," said Dana Albertson, Shane Walters' half-sister.
Albertson said Burkhart's second trial was more difficult to endure than the first because graphic photos of the victims — each shot multiple times in the head — were entered as evidence.
"I'm not shocked that it came up again. All the appeals he gets is ridiculous," Albertson said. "It's not fair that we should have to suffer through this again."
Adams called all the victims' families together after the January Supreme Court ruling and asked them if they wanted her to pursue the death penalty again or urge the judge to sentence him to prison.
Albertson said family members are wagering their future peace of mind that the judge will sentence Burkhart to life without parole. Several family members have prepared statements to read today. Adams is expected to read some of them.
"It's not fair. His family will still get to visit him," Albertson said. "We get to visit a grave."
Shead said she would have gone through another sentencing trial for the sake of her son. She said she has prayed hard to forgive Burkhart but has not been able to.
"He didn't give my son a second chance," Shead said. "When he killed him, he killed part of me."
The boys' father, Lawrence Walters of Seneca, was not able to attend Burkhart's second trial for emotional reasons. He could not be reached to see if he intends to be at today's hearing. Sonya's mother has suffered a stroke and lives in Florida. A letter will be read on her behalf today.
Testimony at Burkhart's trial indicated that the murders followed a weekend of partying on the part of the three men, including the use of drugs. Early on the morning of Nov. 17 they picked up Cann and drove to a secluded kudzu field in Anderson County. It was there that Burkhart killed the trio, emptying his semi-automatic pistol and reloading, firing at least 11 shots into the three victims.
Burkhart claims the killings were in self defense, arguing that Shane Walter had been hired by Burkhart's uncle, a notorious drug dealer, to kill him.
In January the Supreme Court denied an appeal by Burkhart of his conviction, an appeal related to testimony that was disallowed during the trial. Burkhart claimed that evidence would have linked Shane Walters and his uncle.
The court did rule, however, that testimony about prison conditions offered during the sentencing phase of the trial was prejudicial.
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