The retrial for a Lawrence man whose first-degree murder case ended with a hung jury was scheduled for August after a new attorney was appointed to the defense Thursday.

Dustin D. Walker

Prosecutors allege that Dustin D. Walker, 30, and co-defendant Archie Robinson kicked the door into 37-year-old Patrick Roberts’ Lawrence home around 3 a.m. on March 8, 2014, pointed a handgun at Roberts’ son and entered Roberts’ bedroom to steal cash or marijuana. Walker then shot Roberts during the crime, the prosecution alleges.

Walker was found guilty of an aggravated burglary charge in the case Feb. 16, but jurors could not decide whether the Lawrence resident was guilty of felony first-degree murder, which is when a killing occurs during the commission of an inherently dangerous felony. Co-defendant Robinson was found guilty of both charges in March and sentenced earlier this month to 20 years to life in prison.

Defense attorney Sarah Swain claimed during the trial that Roberts invited Walker and Robinson over to buy marijuana. The two were purchasing an eighth of an ounce of marijuana when Roberts’ brother, Wayne Roberts, tackled Robinson, Swain said. Walker testified during his trial that Robinson was holding the gun when he was tackled and the firearm shot Patrick Roberts during the struggle.

On Thursday, Swain asked District Judge Paula Martin to be appointed to Walker’s new case because Walker’s family “essentially could not pay” for representation on the first case she worked and would not be able to for the second. Court-appointed attorneys receive $62 an hour from the state for work on felony cases, according to Patricia Scalia, executive director of the Kansas State Board of Indigents Defense Services.

Martin denied her request because Swain usually does not take court-appointed clients.

“Because you’re not on the appointment list, the request is denied,” Martin said. “It’s not a good precedent to set to be retained when the money runs out.”

The appointment list is a list of attorneys who have signed up to take cases in which defendants cannot afford to pay. Those attorneys are paid by the state. Attorneys on the appointment list generally cannot pick and choose which cases they take.

Swain told Walker and the court that she “did not seek to be removed from the case,” but because of her caseload she could not take on Walker’s case without pay. Martin appointed attorney Blake Glover to represent Walker in Swain’s place.

Glover said he’d need “60 to 90 days” to prepare for trial so he can acquaint himself with Walker’s case. The trial, previously set to begin in May, was rescheduled for Aug. 17. It is expected to last five days.