You guys jumped the gun a bit to fast..
TALLADEGA COUNTY -- A Munford teenager accused of killing three family members had his first appearance in court Friday afternoon.
Television cameras from all four local network affiliates were set up in the hallway, while inside friends and family members of the victims packed the first half dozen rows of the larger courtroom in the Talladega County Judicial Building.
Landon Hudson Durham, 16, was served with warrants charging three counts of capital murder at a hearing before Circuit Judge Will Hollingsworth. He will continue to be held in the Talladega County Metro Jail without bond, and he told the court he could not afford to hire an attorney.
Hollingsworth appointed attorney Mark Nelson to represent him. Other than saying that he could not afford an attorney, Durham did not make any statements or ask any questions during the hearing.
Durham is accused of stabbing his mother, Holli Christina Swafford Durham, 36, and his twin brothers, Baron Joseph Durham and Branson William Durham, both 13.
According to Talladega County District Attorney Steve Giddens, it appears the three victims were killed early Tuesday. Landon Durham allegedly went to school Tuesday, after the killings, and returned home afterward.
Talladega County Sheriff’s deputies discovered the bodies around 10 p.m. Tuesday, and a statewide “be on the lookout” was sent out for Landon Durham as a person of interest.
According to the Cherokee County Sheriff’s Office, Durham was found at 7:40 a.m. Wednesday while traveling toward Etowah County and was apprehended without incident at a store.
He was initially charged with one count of capital murder, for allegedly killing of two or more people during the same incident. At the hearing Friday, he was also charged with two additional counts of capital murder for the alleged killing of a person less than 14 years of age.
Hollingsworth ordered a preliminary court appearance for Feb. 28 at 9 a.m. Hollingsworth said the location of the preliminary hearing would be determined at a later date.
At the preliminary hearing, some evidence will be presented, and the judge will determine if it is sufficient for the case to be sent to a grand jury.
Grand jury proceedings are secret, but it is likely that additional evidence will be presented, and the defendant will be either indicted on the capital murder counts, indicted on lesser charges or have the cases against him dismissed.
In Alabama, a defendant who is more than 16 years old and is accused of certain violent crimes is automatically considered an adult for trial purposes.
According to Giddens, however, Durham will still have the right to apply for youthful offender status if he is indicted.
“He is considered an adult unless a judge grants youthful offender status,” Giddens said. “If the application is denied, he continues to trial as an adult.”
If a judge grants youthful offender status, Durham would waive his right to a jury trial and be tried only by a judge. If convicted, he would face a maximum penalty of three years in prison, with his criminal record wiped out after completing his sentence.
For the time being, Durham is being held in the Talladega County Jail without bond. Giddens said he is being housed in a part of the jail where he can be kept separate from the older inmates.
A visitation for the victims will be Sunday, Jan. 26, from 3 to 6 p.m. at Munford Church of Christ, with Usrey Funeral Home of Talladega directing the service.
The obituaries for the twins list their survivors as their father, Brandon Durham; stepfather, Ben Pierce; brother, Maverick Durham; grandparents, Martha and Lloyd Smith, Curtis and Linda Durham, Roy and Apryl Swafford, Jeff and Jimmie Nell Williams, and Steve and Laura Pierce; and great-grandparents, Toni Swafford, Fred and Janice Williams, and Ed Pierce.
Holli Christina Swafford Durham, according to her obituary, is survived by her husband, Ben Pierce; son, Landon Durham; parents, Apryl and Roy Swafford, Steve and Laura Pierce; siblings, Wendi Ford (Tim), Kelsi Ramirez (Michael) and Tanner Swafford (Olivia); grandparents, Toni Swinford, Gerald and Patricia Swinford; four nieces; three nephews; aunts; uncles; and numerous cousins.
A capital murder conviction in Alabama normally carries a penalty of death by lethal injection or life without the possibility of parole. Due to his age, however, Landon Durham will not be facing the death penalty; if convicted, his sentence would be either life in prison or life without the possibility of parole.
