A pair of convicted Carroll County murderers have been denied in the appeals of their respective cases.

Robert Allen Dutton and Clinton Eric Burke were both denied in their respective appeals. Dutton, 58, was convicted on Dec. 4, 2007 in Carroll County Circuit Court of first-degree murder in the Jan. 3, 2007 shooting death of his estranged wife, Sandra Lambert Dutton, 41. Burke was convicted by a Carroll County jury on Nov. 13, 2008 for the Nov. 12, 2007 murders of Dustin Ryan Bond and George Adam Fulton at Fulton’s residence on Frog Spur Road in Fancy Gap, as well as five other offenses.

The denial of Robert Dutton’s appeal by the Virginia Supreme Court means he is out of chances to appeal.

“This concludes his appeals,” Carroll County Commonwealth’s Attorney Gregory G. Goad said.

Sandra Lambert Dutton, 41, was murdered at her home on 47 Jasper Lane in Ivanhoe on the evening of Jan. 3, 2007. She had been shot three times with a shotgun, two of which were described as fatal shots to the head and back. She had taken out a protective order against Robert Dutton three months earlier, giving her sole possession of the property and ordering Robert Dutton to have no contact with her.

Aside from first-degree murder, Robert Dutton was also convicted of use of a firearm in the commission of a felony, and statutory burglary with the intent to commit murder. He was sentenced to two life terms in prison plus an additional three years.

Burke’s Appeal

Denied

Burke’s appeal was denied by the Virginia Court of Appeals on Nov. 12, two years from the date of the murders of Fulton and Bond. In February, Burke was ordered to serve two life sentences and an additional 43 years in prison for seven offenses, including both murders.

A judge for the Virginia Court of Appeals disagreed with both points made by Burke’s defense — that there was insufficient evidence to support his convictions for statutory burglary, malicious wounding, two counts of first-degree murder, and three counts of use of a firearm during a felony; and that the trial court abused its discretion by admitting “crime scene and autopsy photos where the prejudicial effect of those photos exceeded their probative value.”

On the first point, the appeal denial stated the evidenced proved that Fulton, Dustin Ryan Bond and Amanda Bond were shot at Fulton’s residence on Nov. 12, 2007. Fulton and Dustin Bond died as a result of their gunshot injuries, and Amanda Bond was wounded. The denial also noted that Randy Martin and Amanda Payne gave statements to the police indicating Burke was directly involved in the crimes as both witnesses confirmed that Burke directed Payne to drive them to Fulton’s residence and that Burke carried a shotgun with him.

The appeal denial also pointed out that Payne testified the object was wrapped, and Martin stated it was exposed. Payne then left Burke at Fulton’s house and returned a short time later as Burke carried the shotgun and held his clothing in a plastic bag, the denial notes.

“Afterwards, they traveled to a pond where (Burke) discarded the shotgun in the water and burned his clothing. Payne also testified that during the drive to Fulton’s house, (Burke) stated he intended to scare the victims to discourage them from testifying against him,” the appeal denial states. “After (Burke) returned to the car, he admitted he shot all three of them and threatened to kill Payne if she contacted the police.”

The appeal denial goes on to state that police recovered a shotgun from the pond after being led there by Martin. Testing later confirmed the gun in the pond had fired the spent shotgun casings found at the crime scene, and the gun was registered to (Burke’s) grandfather, the appeal denial said, also noting that Amanda Bond testified that Burke threatened to kill Fulton two days before the shooting.

“The jury believed the Commonwealth’s witnesses and rejected (Burke’s) testimony. We find no error with the jury’s credibility determinations,” the appeal denial states. “Although Payne and Martin provided slightly different versions of the events, their accounts were largely consistent and established (Burke) committed the crimes. The Commonwealth’s evidence was competent, was not inherently incredible, and was sufficient to prove beyond a reasonable doubt that (Burke) was guilty of (all seven charges).”

On the second point, the appeals denial notes that Burke objected to the admission of four separate photographs, two that depicted Fulton and Bond at the crime scene and two autopsy photos of the two victims. The denial notes Burke conceded the photographs are accurate and argues only that the pictures were so “gruesome” that they were more prejudicial than probative.

“In this case, the photographs demonstrate the ‘atrociousness of the crime.’ We find no abuse of discretion with the trial court’s admitting the photographs into evidence,” the appeal denial concludes.

Burke still has the option of appealing to a three-judge panel of the Virginia Court of Appeals within 14 days of the denial.

“I’m very pleased the court denied the petition for appeal,” Goad said. “He received a fair trial and was convicted by a jury of his peers.”