Man charged in nine-year-old burglary case

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Man charged in nine-year-old burglary case

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in Public Safety Archives, Top Stories & Breaking News

Wednesday, July 18. 2012

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A Cumming man was arrested in connection with a drug store smash and grab that happened in Auburn nine years ago, after DNA evidence recently linked him to the case, police said.
Forsyth County deputies arrested Todd Lanier Burton, 48, on July 10 on an outstanding warrant. He was later booked on burglary charges at the Barrow County Detention Center, Auburn police Lt. Michael Fugett said.
The burglary happened in October of 2003 and involved the smashing of the pharmacy window at the Auburn CVS.
For this and other public safety news, see the July 18 issue of the Barrow Journal.

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#1 REALLY on 07/19/12 at 02:41 AM [Reply]

Nineyears ago?? was he charged back then? how can he be charged now? who is spending money on this NINE year old case? is there not a limit on time from when crime shold have been discovered and arrest? NINe years really???

#1.1 Anonymous on 07/19/12 at 07:26 AM [Reply]

...after DNA evidence recently linked him to the case...

Can't run from DNA

#2 there on 07/19/12 at 08:46 AM [Reply]

has to be something missing.... there is a limit from time when the crime should have been discovered to when one can be LEGALLY charged. nine yeas seems beyond this limit for non homicide offense

#2.1 Anonymous on 07/19/12 at 04:32 PM [Reply]

O.C.G.A 17-3-2 gives prosecution (4) years from the date of identification to prosecute. In otherwords, if the DNA was unknown for 8 years in a case such as this, then the statute of limitations (4 years) would begin upon the date a suspect was identified. I think the key word here is "recently" being linked to the crime.

#3 burglary seems outside the scope!!! on 07/19/12 at 09:44 PM [Reply]

§ 17-3-1. Limitation on prosecutions -- Generally

(a) A prosecution for murder may be commenced at any time.

(b) Except as otherwise provided in Code Section 17-3-2.1, prosecution for other crimes punishable by death or life imprisonment shall be commenced within seven years after the commission of the crime except as provided by subsection (d) of this Code section; provided, however, that prosecution for the crime of forcible rape shall be commenced within 15 years after the commission of the crime.

(c) Except as otherwise provided in Code Section 17-3-2.1, prosecution for felonies other than those specified in subsections (a), (b), and (d) of this Code section shall be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years shall be commenced within seven years after the commission of the crime.

(d) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused:

(1) Armed robbery, as defined in Code Section 16-8-41;

(2) Kidnapping, as defined in Code Section 16-5-40;

(3) Rape, as defined in Code Section 16-6-1;

(4) Aggravated child molestation, as defined in Code Section 16-6-4;

(5) Aggravated sodomy, as defined in Code Section 16-6-2; or

(6) Aggravated sexual battery, as defined in Code Section 16-6-22.2;

#4 wonder on 07/25/12 at 07:13 AM [Reply]

when the court date will be on this one

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