ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, June 21, 1994                   TAG: 9406220135
SECTION: VIRGINIA                    PAGE: B5   EDITION: METRO 
SOURCE: New River Valley bureau
DATELINE: GALAX                                 LENGTH: Short


PA. INMATES: GALAX MAN INNOCENT

Two prisoners in Pennsylvania have told authorities that one of their fellow inmates falsely accused a Galax man of involvement in two 1979 burglary-related deaths in their state.

Pennsylvania authorities charged Donald Wayne Nelson, 58, owner and operator of Well-Drilling in Galax, on a charge of setting up the burglary that resulted in the deaths of Mary Swarr, 87, and her brother, Horace Swarr, 81. Nelson is free on bond.

The two Lancaster, Pa., residents were tied up in their home by burglars who took an undetermined amount of old coins from the home. By the time they were found seven days later, Mary Swarr was dead of dehydration. Horace Swarr died a day later.

George W. Burkhardt, one of four Maryland men convicted in 1989 of second-degree murder in the case, began talking to authorities about the case in April and named Nelson as one of the men who recruited him to drive a van to and from the Swarr home when the robbery occurred.

Now, two other inmates - Franklin L. Castle and Steven A. Heiser - have written a letter to Pennsylvania authorities saying that Burkhardt, who is serving two life terms, told them he never knew Nelson and made up the information to try to get his sentences reduced.

Chief Assistant District Attorney John Kenneff said Burkhardt's statements about Nelson are supported by separate evidence. In a telephone interview with a reporter for the Lancaster (Pa.) New Era, Castle said he was willing to testify that Burkhardt had no real knowledge of Nelson before trying to make a deal for leniency.



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