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Man Sentenced To 20 Years After Trying To Rob Band

ROCK HILL, S.C.,None — Dytavis Hinton, 23, told a York County courtroom he was sorry for his involvement in a robbery and shooting in Rock Hill that left his friend dead and an innocent man critically hurt.

Hinton pleaded guilty Tuesday to attempted armed robbery, attempted murder, conspiracy and burglary.

Prosecutors said Hinton and Demorrio Burris were drinking and smoking marijuana on the night of Sept. 21, 2010, when they decided to walk over to a club called The Money on Cherry Road.

There was an RV parked out back, and inside were Matt and Scott Thomas, two of the four members of the band Parmalee. They had just performed at the club and were relaxing inside the RV.

Burris and Hinton put bandannas over their faces and knocked on the door of the RV. Matt Thomas opened it and Burris put a gun to his head, demanding money.

Scott Thomas walked out from the back of the RV with his own gun. He fired at the two robbers in self defense, killing Burris and hitting Hinton twice.

Thomas was shot three times, including in the chest and stomach. When police arrived, they found the two robbers on the ground.

Deputy Solicitor Willy Thompson said it was a chaotic scene at first for Rock Hill police.

"Mr. Burris was dead on the steps of the trailer, and up inside the trailer, Scott Thomas appeared to be going in and out of consciousness. Mr. Hinton was on the gravel outside the trailer," he said.

Hinton, though shot twice, told police that two white men had robbed him and Burris and fled in a white car. Within moments, police knew that was not what happened.

Thomas was airlifted to Carolinas Medical Center, and his road to recovery has been a hard one. Judge Thomas Cooper asked him to stand up in court on Tuesday. He said he wasn't doing well and has had several surgeries, skin grafts and ongoing rehabilitation. Prosecutors said Thomas' medical bills have topped $400,000.

His brother, Matt, spoke about the emotional toll of that September night.

"He's scarred. He and I both, mentally. Can't sleep. Can't go out without feeling that I'm going to be attacked by somebody," he said.

Thomas struggled to hold back tears while telling the judge about nearly losing his brother, who plays drums for the band.

"He's going to have to deal with this handicap for the rest of his life, and we almost lost him," he said.

Thompson told the court how the incident has scarred all four members of the band, making them constantly fearful, less trusting of the public and worried when they're out on the road touring.

In a pre-arranged sentence agreement, the maximum prison time for Hinton was set at 25 years. He received 20, with no chance for parole.

Hinton was originally charged with murder because of the death of Burris, the other robber. That charge was dropped as part of the plea agreement between prosecutors and the defense.

Hinton had no criminal record and was not holding the gun during the incident, though it did belong to him. In court, he apologized to the families involved, including the family of his friend Burris.

"I really hope they do accept my apologies. I never intended for anything like this to ever happen," Hinton said. "It was a terrible thing."

Members of the band did not speak to reporters outside the courtroom after the hearing.

Previous Stories: September 21, 2010: 1 Killed, 2 Injured In Shootout Near Winthrop University

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