ELIZABETHTOWN, KY (WAVE) - An accused double-murderer could walk. In four trials, Brent Burke's case has gone to the jury twice and both times ended in a hung jury. On Thursday morning, Hardin County Commonwealth's Attorney Chris Shaw filed paperwork to dismiss the charges and the victim's family isn't happy about it, saying he didn't consult with them and this is a "reckless" decision.
Shaw filed a motion to dismiss the charges without prejudice. That means he can refile them at any time in the future. There is not a statute of limitations for murder in Kentucky.
Burke has been behind bars in Hardin County for more than three years. He's accused of shooting and killing his wife Tracy Burke right before their divorce was finalized as well her former mother-in-law,Karen Comer. The women were shot in Comer's Rineyville home.
Wilburn said she would gladly sit through a fifth trial.
"Oh yes, as long as he's in jail," said Wilburn. "Yes, ill go through this 100 times."
Wilburn said it has been a difficult three years for her family since the shootings, which happened in September 2007.
"My grandchildren seen this, their mother get killed, ya know?" said Wilburn. "He was an MP. Come on jury. Yeah, you're letting a murder out. This is an outrage you know."
Wilburn says her confidence in Shaw has always been questionable.
"We asked for another attorney," said Wilburn. "Bye Chris. OK, bye. Give us some justice here or give us another attorney. This is terrible. This is terrible for the family."
Wilburn says he let the family know he planned to dismiss the charges in a letter and hasn't returned her calls either. A judge will hear the motion on June 21. Wilburn says she plans to be there.
Shaw was in Grand Jury proceedings all day Thursday. When we finally caught up with him late in the day, Shaw said he could not comment on the case until after the June 21 hearing and the judge's decision to grant or deny the motion to dismiss.
Brent Burke's father, Stanley, said this is the first he's heard of it, but he will be at the hearing.