Murder suspect claims he was protecting girlfriend from rape

A Conway man told the judge he was protecting his girlfriend from rape when he picked up a baseball bat and hit another man in the head.

James Richard Rosenbaum, 52, and his 49-year-old girlfriend, Diane Marie Durkin, are facing murder charges in the bludgeoning death of 56-year-old Roy Davis, all of Conway.

Rosenbaum stared at Durkin before an initial hearing at J. Reuben Long Detention Center on Wednesday afternoon. Durkin cried.

Judge Aaron Butler told the couple he could not set their bond.

Rosenbaum told the judge that he had just pulled into his driveway Monday night when he heard Durkin screaming inside their home at 1272 S.C. 548.

“She was being attacked,” he said. “And I came through the back door and I see the guy had her on the bed with his pants off, trying to take her clothes off … trying to rape her and I grabbed the bat and I hit him in the head. He grabbed the bat away from me, OK? And it turned into a scuffle and I got hit in the leg with the bat here,” he said, raising a pants leg to show the judge his bandaged leg.

“I was bleeding. I’ve got my bite marks on me. She got attacked. How am I being charged with murder when I come home and my girlfriend’s being attacked, she’s being raped?” Rosenbaum asked.

“Let me tell you, Mr. Rosenbaum, you have been charged with a count (of murder). You have not been convicted of it,” Butler said. “You’re going to have your day in court.”

Butler told Rosenbaum and Durkin that their bond would be decided before a circuit court judge.

Davis died of blunt force trauma, according to Horry County Deputy Coroner Darris Fowler.

Officers with the Horry County Police Department responded to a call of a fight in-progress at the home about 9:50 p.m. Monday, police said.

Lt. Raul Denis, spokesman with Horry County police, said evidence at the scene led police to believe the couple is responsible for Davis’ death.

According to arrest warrants, Rosenbaum and Durkin struck Davis “with a baseball bat several times about his head and body. This assault caused significant injuries to the victim and resulted in his death.”

The warrants state the “facts were confirmed by the defendant’s (Rosenbaum’s) statements as well as physical evidence.”

The couple is being held at J. Reuben Long Detention Center.

This story was originally published July 13, 2016 at 4:44 PM with the headline "Murder suspect claims he was protecting girlfriend from rape."