On July 27th, a Dillon County jury convicted Robert Lee Nelson, 21, of Burglary 1st Degree, two counts of Armed Robbery, and Possession of a Weapon during the Commission of a Violent Crime, but a mistrial was declared on two counts of murder.
Fourth Circuit Solicitor William B. Rogers, Jr. says "after careful consideration" he will proceed with a retrial.
Nelson was sentenced to 47 years concurrent on the Burglary and Armed Robbery charges, and he was sentenced to 5 years consecutive on the weapon charge by Fifteenth Circuit Judge Steven H. John.
When the jury was unable to reach a unanimous verdict on two counts of Murder, a mistrial was declared on those two charges.
"I have discussed the case with the prosecution team and after reviewing everything from the trial, the obvious decision was to proceed with the retrial. We owe it to the victim's family and to the memory of the Swaners to carry this case to its conclusion," said Rogers.
is accused of killing Walter Swaner, 84, and Mary Swaner, 80, in December of 2009.
Their bodies were found at their home on Dixie Acres drive in Dillon County.
The state had served Nelson with a notice of intent to seek the death penalty butwithdrew it after he was declared intellectually disabled, but competent to stand trial.
No date for a retrial has been set at this time.