Despite claims by two people that they beat Roy Davis with a baseball bat to stop a rape, a judge rejected their Stand Your Ground claims.
Horry County Circuit Court Judge Benjamin Culbertson issued his ruling on Tuesday following two days of testimony. He said the two defendants failed to meet their burden of proof to avoid prosecution.
The murder case against Diane Durkin and James Rosenbaum will now move towards a trial.
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Both Durkin and Rosenbaum took the stand during the hearing. A 911 call that included the sounds of Rosenbaum hitting Davis with a baseball bat was played on both Monday and Tuesday. On Tuesday, members of Davis’ family in the courtroom again had to leave or began to cry when the audio started.
Rosenbaum said he returned to his 1272 S.C. 548 mobile home and found Davis trying to rape Durkin. He added he had no doubts about what he witnessed.
“I swung the bat at him. I told him to get the f*** off her and I hit him in the head with the bat,” Rosenbaum said.
Davis then threatened to kill Rosenbaum and a scuffle ensued where both men had the weapon at different moments.
“We fought through the whole entire place from the kitchen to the living room,” Rosenbaum said. “He took control of the bat, I had the bat.”
The 911 tape did not cover the entirety of the fight, Rosenbaum said. He said he told Davis several times not to move and he struck him to get him to stay on the ground.
“He was an intruder in my house, he was trying to rape my girlfriend,” Rosenbaum said.
Davis said some of the pounding sounds heard on the 911 call were when he hit Davis in the chest with the butt of an air-gun.
Durkin admitted during cross-examination that Davis got up and staggered towards the door. Rosenbaum tackled Davis and Durkin hit him in the legs with the bat to prevent him from leaving.
“I told you he tried to run out and I pinned him against the wall,” Durkin said.
Rosenbaum took out a phone and took a picture of Davis. He said the photo was for police in case Davis fled.
As the fight continued, Rosenbaum said he called a friend because of his exhaustion and fear. Davis got back to his feet and walked towards a mattress where he collapsed, and Rosenbaum said he believed Davis had passed out.
Rosenbaum said there was no final death blow and he didn’t believe Davis was dead.