Man Sentenced To Death Row Twice Is Released From Prison

On October 15th, 2009, a former death row inmate who was sentenced to death row for murder is now out of prison and believed to be back in Burke County. That is the reason the victim's family is worried about their safety and law enforcement is wondering why death row doesn't mean just that.. death. Police Chief John Suttle still remembers the murder, back when he worked for the State Bureau of Investigation. "1985," he said, referring to the year it happened. Habitual felon Roland Smith shot R.C. Johnson once in the chest and three times in the back after Johnson walked in on Smith breaking into his building on Highway 70. Johnson rented the building to a man who operated a game room. Suttle also remembers the conviction. "Got the death penalty twice," he said. Marshall Childers says he, too, remembers the conviction. Childers testified against Smith as he witnessed his Uncle's murder. He said he looked Smith in the face after the murder happened.

"Yeah, he was in his car trying to get out," Childers said. During the first trial, Smith allegedly threatened Childers. Childers said he believed that the threat would die with Smith in prison. "He threatened to kill my wife and me both," Childers said. But, Smith appealed and got a second trial. Another conviction put him back on death row. Then, the North Carolina Supreme Court granted Smith a third trial due to "omissions." "We just got the idea that the Supreme Court just didn't want this guy executed," said Suttle. The amount of time between trials created other problems as well. "The witnesses just sort of started getting weak on us," Suttle said. Smith decided to plead guilty to second-degree murder rather than chance another first-degree murder conviction. After serving 23 years, the Department of Corrections paroled him. Johnson's brother-in-law, Howard Huffman said "I don't think they should have ever let him out unless he's dead". "He has nowhere else to go. He knows the territory," Huffman said.

Many of Johnson's relatives acknowledge that they are worried about their safety. Childers has a different approach. "I carry," Childers said, referring to guns. In the meanwhile, Suttle eventually tired of trying to understand the Supreme Court's actions and trying to figure out why death row is life back in Burke County. "When I talk to Roland, we'll probably joke about the fact that he was supposed to be executed twice. Of course, he will be doing more of the laughing," Suttle said.