Charges dismissed against Richard Gagnon in 2005 double slaying of Horry County couple

Jimmy Richardson, the 15th Circuit Solicitor, has dismissed charges against a man who was convicted in an Horry County 2005 double slaying of a couple in their home off S.C. 90 near S.C. 22.

Richard Gagnon, 42, was convicted of murder in the deaths of Diane and Charles Parker Sr., both found shot to death April 12, 2005, and he served eight years in prison of two life sentences in the deaths. He also was convicted of first-degree burglary and sentenced to 30 years in prison.

But, Gagnon requested a new trial in 2012 citing new evidence in his case and his request was granted.

In 2013, Gagnon was released on bond pending another trial on the charges.

But Thursday, Richardson said he decided to dismiss the charges with the option to file them again against Gagnon.

“I dismissed it without prejudice and we can always bring it back if we need to. I’ve met with the victim’s family and they understand. We promised them we will keep working on it. We can always recharge if need be,” Richardson said. “From our standpoint it’s a bookkeeping thing.”

Richardson explained that when a case is older it can be brought before a judge for review and the judge can dismiss the case. Richardson said he wasn’t comfortable with the evidence to retry Gagnon at the moment.

Gagnon or his attorney could not be reached Friday for comment.

“He’s worked with us. He’s met with me several times. We’ve tried to get to the bottom of it,” Richardson said. “I’m not comfortable with the evidence to retry him; it’s of no fault of the defense or the state.”

During a bond hearing on Feb. 14, 2013, a judge set bond at $50,000 for Gagnon and he was later released after serving eight years on the charges in the Parker’s slayings.

Earlier that year in January, Circuit Court Judge Steven John ruled that Gagnon deserved a new trial following testimony from Robert Troy Taylor, who was convicted on unrelated charges in Georgetown County and had served time in prison alongside Robert Mullins.

According to Taylor, Mullins said he lied about Gagnon when he insinuated in court that Gagnon had confessed to his part in the murders. John ruled that Taylor’s testimony was new evidence and met the criteria to grant Gagnon a new trial.

During Gagnon’s bond hearing in 2013, Bob Dudek, chief appellate defender with the Commission of Indigent Defense, said, “I’ve done this for 23 years ... Richard Gagnon is only one of two clients that I’ve thought were truly innocent. I really think that’s a travesty of justice.”

Also at that hearing, Gagnon told the judge that he could adjust to being outside of prison again, if given the opportunity.

“In eight years I’ve had no write-ups. I’ve had no issues where I had to be restrained. My mind is sound. I’m just ready to please go home,” Gagnon said. “I’ll do anything you want within reason, just please give me a chance.”

Gagnon’s appeal was heard by the S.C. Court of Appeals after the conviction of Bruce Antwain Hill, 27, of Tabor City, N.C., in September 2011. Hill was sentenced to life in prison without the possibility of parole and 30 years on a first-degree burglary charge, with those sentences running concurrently.

Horry County police charged Hill in 2009 after his DNA sample, which was taken when he was committed to the Tennessee Department of Corrections to serve a seven-year prison sentence, was uploaded into a national database and linked to the Parkers’ deaths, according to authorities.

Hill has since served his sentence in Tennessee after he pleaded guilty to robbery and conspiracy to commit aggravated robbery in connection with a Nov. 15, 2006, incident there.

On Friday, Hill was being held at South Carolina’s Department of Corrections McCormick facility. He was brought to the state in September 2014 to serve his sentence in the Parker’s death.

Hill appealed his conviction, but in July the state Supreme Court upheld his convictions and life sentence.

During Gagnon’s hearing in September 2012, Hill was returned to Horry County in October, but he invoked his Fifth Amendment right and refused to testify in Gagnon’s appeal.

Gagnon, who had dated Diane Parker’s daughter, Bambi Bennett, has denied playing a role in the slayings and during a hearing in September 2012 Gagnon denied knowing Hill.

Bennett also was charged in the deaths of her mother and stepfather, but prosecutors later dropped those charges. She also denied knowing Hill.

Prosecutors linked Gagnon to the crimes after blood was found on Gagnon’s shoes, which was linked to Charles Parker Sr.

But Gagnon said he got the blood on his shoes after he went inside the Parkers’ home after police and crime scene had left and removed crime scene tape.

This story was originally published April 24, 2015 at 1:47 PM with the headline "Charges dismissed against Richard Gagnon in 2005 double slaying of Horry County couple."