She killed an Horry County man as he pleaded for his life. Now she wants a new trial.
A woman who was convicted of violently beating a man to death with a baseball bat for more than 10 minutes wants an Horry County court to reconsider her 15 year conviction.
Diane Durkin plead guilty to voluntary manslaughter for killing Roy Davis in July 2016. Durkin went through a week-long trial in Horry County in 2018, but took her plea right before the jury started its deliberations. She pleaded to manslaughter, though she pleaded with the Alford caveat. That is when a defendant does not admit guilt, but says there is enough evidence for a conviction.
Police initially charged her with murder and she faced life in prison.
In a post conviction relief filed in Horry County Tuesday, Durkin claims her lawyer, Johnny Gardner, was ineffective during her sentencing. She also said Gardner told her she couldn’t appeal her sentence and did not have her go under a psychological evaluation despite her history of mental illness, according to the filing.
Durkin said she was coerced into a guilty plea and threatened with a harsher sentence.
Her co-defendant in the 2018 case was James Rosenbaum. He let a jury decide his fate and it found him guilty of voluntary manslaughter. Both were sentenced to 15 years in prison.
Durkin and Rosenbaum beat Davis with a baseball bat inside a mobile home. Most of the attack can be heard on a 911 call that was played in the courtroom during various court proceedings. Prosecutors said Durkin and Rosenbaum lured Davis to their home because Rosenbaum was jealous over an affair between Durkin and Davis.
Rosenbaum and Durkin said Davis was trying to sexually assault Durkin and that they acted in self defense.
On July 11, Rosenbaum said he and Durkin got into an argument. He left and went to the gym. He returned to the sounds of Durkin yelling for help.
“I knew someone was in there doing something and I kind of knew I was going to get into a fight,” Rosenbaum said from a Horry County Circuit Court witness stand during the 2018 trial.
He ran to the back of the house where he found and grabbed a metal bat and rushed in the home. He said when he entered the house Davis was naked and pulling Durkin’s hair. Rosenbaum and Davis got into a fight while Durkin called the police.
Rosenbaum continuously hit Davis with the baseball bat until he died. The 911 tape recorded his last moments begging Rosenbaum to stop while Durkin yells.
“Help, Help,” an out-of-breath Davis exclaims during the 911 call.
“Don’t you move. Don’t you f***ing move,” Durkin and Rosenbaum say at another moment.
Davis pleaded on the 911 call for help. Rosenbaum yelled in the background that Davis tried to rape his girlfriend.
Faintly, Davis says that is a lie and Durkin responded: “You’re a lying piece of s***.”
After a few minutes, Durkin can be heard telling Davis that he can’t leave. She testified that Davis got up and staggered towards the door, which is probably how blood got on the front door. Police also found blood in the kitchen, a mattress — which was Davis’ final resting place — and other areas.
“Don’t you go out this door,” Durkin yells. “I hate you, you f***.”
Durkin spoke briefly during her sentence where she apologized and said she didn’t mean to kill.
“I’m sorry this happened,” Durkin said. “I wish I could take it back.”
