Serial Killer Was Given Second Chance

The man authorities call a serial killer was given a second chance - more than once - by the North Carolina legal system, something he never afforded his victims.

NC Department of Corrections officials say Patrick Tracy Burris violated the terms of his parole six times in six weeks after being released from prison, but was "given the benefit of the doubt" by his parole officer before she eventually sought permission to haul him back to prison. Authorities say Burris shot five people to death in one week in Cherokee County, South Carolina.

After Burris was killed in a shootout with police on Monday, the director of the State Law Enforcement Division ranted about Burris's long rap sheet and has repeatedly questioned his release from prison.

"Our understanding is he was not a model prisoner, that he had several infractions during the time that he was incarcerated, yet he still qualified for an early release," said Chief Reggie Lloyd on Tuesday.

But North Carolina corrections officials say Burris's release was not "early". According to DOC records, Burris was convicted in October 2001 in Rockingham County as a habitual offender on five counts of felony breaking and entering and six counts of larceny. State sentencing guidelines required him to be sent to prison for a maximum of 10 years and one month or a minimum of seven years and nine months. Burris served seven years and ten months - almost the minimum - before being released on April 29th, two months before the first murder.

"All inmates go into prison at the maximum sentence, but through good behavior they can earn credit and reduce their sentence," said DOC spokesperson George Dudley. He said Burris was a "good" inmate and participated in work and education programs, earning enough credit to reduce his sentence to almost the minimum.

However, DOC records show Burris had six infractions during his incarceration. The infractions were for unauthorized tobacco use (twice), substance possession, being in an unauthorized location, theft of property and disobeying orders.

"None of those were violent or serious enough to add time back to his sentence and his record in prison did not indicate that he was a violent criminal," said Dudley.

"BENEFIT OF THE DOUBT"

As part of Burris's release from prison, he was required by the state parole board to serve nine months under "supervised release" - meaning he had to check in with a parole officer and be subject to curfew and unnaounced visits from his parole officer. Dudley said in the six weeks following Burris's release, he violated his 8:00pm curfew five times and was arrested for driving with a revoked license, another violation of the terms of his parole.

He said after Burris's arrest on the driving violation in early June, his parole officer took action and sought an arrest warrant to have him returned to prison. A judge issued the warrant on June 12th, 15 days before the murder of Kline Cash, the first victim in the killings. Dudley said the parole officer went several times to the Gastonia home that Burris listed as his address, but Burris "had disappeared".

The lead prosecutor for the district in which Burriss was convicted says this case exposes a flaw in North Carolina's parole system.

"This speaks to the broader problem with post-supervision release," said Phil Berger, district attorney for judicial district 17A. "Why did it take five curfew violations and an arrest for them to seek an arrest warrant?"

Dudley responded to that by saying parole officers, in general, try to give parolees "the benefit of the doubt" and "Burris was no exception". He said Burris's curfew violations were "sporadic", stating that he passed five curfew checks and attended all four of his required visits to the parole office.

"He had not indicated that he imposed a great risk," said Dudley.

The warrant for violation of parole precipitated the events that put an end to the killings in Cherokee County. On Monday morning, police officers responding to a burglary call found Burris at a vacant house in Gastonia. Police say when an officer ran Burris's name through the computer, the officer saw the outstanding warrant and tried to take him into custody. Police say Burris pulled a gun and shot the officer in the foot. The officer and another officer returned fire, killing Burris.