Myrtle Beach motel roommates’ fight turns deadly. Now convicted killer wants to be freed
The 58-year-old who killed over living arrangements at a Myrtle Beach motel says he faced an unfair trial and should get a new one.
Robert Ware, who is serving life in prison without parole, filed his post-conviction relief request in Horry County last week. The filing often allows a convict to say why they should get a new trial.
A jury convicted Ware of murder and possession of a weapon during a violent crime for the August 2014 shooting at Myrtle Beach’s Wave Rider Motel.
Randy Banks, his fiancee and Ware all lived in the same condominium at the South Ocean Boulevard resort. Ware lived on the couch and gave prescription pain pills to the couple as rent, according to court records.
The fiancee testified Banks got mad at Ware because of his inability to do chores around the house, according to court records. Ware disputed that claim.
On Aug. 6, 2014, Banks confronted Ware about moving out.
That night, the owner of a nearby liquor store testified Ware visited the store and seemed “cold,” court records stated. Banks reportedly kept repeating, “I’m going to kill that .... .”
Ware would later stat that he was referring to someone who stole his moped.
Around 2 a.m. the next day, Ware knocked on the back door of Banks’ condominium. The fiancee testified she overheard Banks tell Ware he could sleep on the couch for another night, according to court records. Banks told Ware he was tired of the disrespect, and they would talk more in the morning.
The argument turned into a fight, where Banks was shot in the chest, court records state. Ware fled the motel.
Hours later, police found Ware near the motel sitting in a truck with a .22-caliber rifle. Officers also found the same caliber cartridge inside Banks’ condo.
In the most recent filing, Ware states that his lawyer was ineffective because he was unprepared and unaware that DNA evidence was not used at trial. The lawyer also hired an expert witness without Ware’s agreement, the filing states.
Ware, 58, also claims his lawyer did not investigate whether his arrest warrants for possession of a firearm during the commission of a violent crime were valid.
Ware is serving time at the Perry Correctional Institution in Greenville County. In October, prison staff accused Ware of using drugs and hitting an employee, according to South Carolina Department of Corrections data.
