Columbia, SC Criminal Defense Attorney — Misdemeanor, Felony Lawyer | South Carolina Appeals

Brett Parker’s Girlfriend, and Family Friends, Testify in the Double Homicide Trial

On Wednesday, May 15th, several witnesses testified in Brett Parker’s double homicide trial. One of the key witnesses was Parker’s girlfriend, whom he had an extramarital affair with just before his wife, Tammy Jo Parker, and illegal gambling business associate, Bryan Capnerhurst, were found dead in the Parkers’ Irmo home.

Lindsay Mullins, 29, testified in court that she met Brett Parker while working in a bank. He was one of her customers. She had just separated from her husband, and her friendship with Parker quickly turned sexual. Mullins testified that Parker told her he was planning to leave his wife, but he had to work out financial details.

Prosecutors asked Mullins what Parker told her specifically about his financial situation. ”That it was going to be difficult to get it all down on paper,” she said.

Mullins also testified that she had had sex with Parker in a hotel room in March 2012, then again at his home just a few days before the shootings in April. She also testified that they had exchanged several flirtatious texts.

Parker’s attorney Mark Whitlark has said, during the course of the double homicide trial, that the affair is irrelevant to the case. “Their case is basically he’s a flawed human being, so he’s a murderer,” said Whitlark on Monday. “How he lives can’t be used as evidence.”

Two family friends of Tammy Parker also testified about Brett’s character. Jackie Warren, a friend and business partner of Tammy Parker’s mother, said she initially believed Brett’s side of the story, until he retold the story to Warren, Tammy’s mother, and a cousin.

“I just said, ‘Oh my God,’” Warren told the court. “I said, ‘That’s not the same story Brett told us about shooting Bryan.’ I knew something was wrong.”

Betty Anne Webb, Tammy Parker’s cousin, also testified that she initially believed Brett’s story, then changed her mind. She said that Brett demonstrated Bryan’s shooting in the attic of their upscale Irmo home, but the second time told a different story. He had told the women at first that he shot Capnerhurst while the man had a gun to Parker’s head so Parker could open the safe in the attic. Parker shot facing away from Capnerhurst, but when he later told the story, he said he shot Capnerhurst face-on.

Other Testimony in the Double Homicide Case

Richland County investigator Scott McDonald testified that phone records showed that Parker searched Orbitz for a one-way ticket the day before he turned himself in on charges related to the double homicide.

According to cell phone records, Parker searched Orbitz for a one-way ticket to Memphis, TN on July 19th, 2012, a day before he turned himself in.

Allegedly, Parker also failed two polygraph tests. However, these “lie detector” tests are not admissible in South Carolina courts as evidence, because investigation into their operations shows inconsistent and often flawed results.

Prosecutors have pointed repeatedly to Parker’s serious financial debt as one of the motivators to kill his wife and best friend. Parker owed $21,000 to Capnerhurst, owed his bookie $176,000, and had nearly $50,000 in credit card debt. He had borrowed $100,000 from his father to pay off gambling debt in Las Vegas, then borrowed another $10,000 from his parents to pay off other debts. By killing his wife, prosecutors allege, Parker would inherit $1 million in life insurance money, and could avoid paying for a divorce. Killing Capnerhurst would be a quick way out of his illegal gambling debts as well.

However, the defense alleges that Capnerhurst had serious financial difficulties of his own, which might motivate him to finally rob the Parkers to get the money he was owed. Parker’s defense asked McDonald about Bryan Capnerhurst’s marriage, because a decade ago Capnerhurst’s wife, Cindy, had been found guilty of embezzling $35,000 from her bank employer to help her husband settle his own massive gambling debts.

The Strom Law Firm Defends Against Criminal Charges

Brett Parker faces several very serious charges, both at the state and federal level. His charges for double homicide alone could land him a life sentence in jail, and the federal charges for illegal gambling could include hundreds of thousands of dollars in fines, and more jail time. Do not let serious criminal charges ruin your future. Our firm was founded by Pete Strom, the former US Attorney for the District of South Carolina. He, along with his team of attorneys, will zealously represent you in any state or federal court in South Carolina against criminal charges. We have over 30 years of experience collectively, and we offer free, confidential consultations to discuss the facts of your case. Contact us today for help. 803.252.4800.

Brett Parker’s Double Homicide Trial Back, Prosecutors Introduce Ballistic Evidence

The now infamous double homicide trial against Brett Parker, a man who ran an illegal gambling operation out of his home in Irmo, SC, resumed on Monday, May 13th.

Friday’s key witness, CSI Sgt. Stan Richards, was back to continue telling the jury about his findings regarding ballistic evidence in the case.

Brett Parker is on trial for the double homicide of his wife, Tammy Jo Parker, and his best friend/business partner, Bryan Capnerhurst, in the Parkers’ home last April. Parker had a long history of gambling debt, and allegedly owed thousands of dollars to Capnerhurst. According to Parker, Capnerhurst shot Parker’s wife, and Parker returned fire in self-defense. Prosecutors, however, paint the picture of a man on the edge, in a loveless marriage and having an illicit affair, who could not afford to divorce his wife or pay off his gambling debts. In a desperate move, according to the prosecution, Parker shot his wife to get out his marriage and also collect her $1 million life insurance policy, then shot Capnerhurst to get out of other gambling debts.

Sgt. Richards’s testimony in the double homicide trial focused on the scientific, rather than the dramatic. He described bullet trajectories, ricochet angles, impact points, and blood stains in great detail as his team endeavored to find out where the 9 mm had been fired.

According to Richards, “Most of the shots fired, based on the cartridge casing locations, were fired from the entryway of the office.”

Evidence suggests that Tammy Jo Parker was in the office when the first shots were fired, and she attempted to flee to the attached bathroom. Her body was found in the doorway between the office and the bathroom.

Bloodstains were found on the gun, but Richards did not say whose blood it was. He did, however, say that no blood stains were found on Parker’s clothing.

“I checked the clothing that I was given to check and I was informed that was the clothing he was wearing that day,” said Richards.

Richards also collected a duffel bag that had clothes, an empty handgun magazine, and ammunition in it. Parker’s fingerprints were on the ammunition box, but defense attorney Mark Whitlark objected and said that Parker had given Capnerhurst the ammunition and the 9 mm earlier in the year. No DNA was found on the duffel bag to tie it to either Capnerhurst or Parker.

Prosecuting attorneys also introduced evidence of gunshot residue on the window blinds at the front of the home. They say that the evidence links gunshot residue to Parker, as surveillance footage shows him peeking through the blinds as Capnerhurst arrived at his home. Whitlark, however, said that gunshot residue had also been found on Capnerhurst’s left hand. When police arrived on the scene, they removed the gun from Capnerhurst’s hand, bagged it, and set it near the body. The investigator who removed the gun said that it was standard police procedure at shooting scenes, to prevent further shooting-related deaths.

The Strom Law Firm Defends Against Criminal Charges

Brett Parker faces several very serious charges, both at the state and federal level. His charges for double homicide alone could land him a life sentence in jail, and the federal charges for illegal gambling could include hundreds of thousands of dollars in fines, and more jail time. Do not let serious criminal charges ruin your future. Our firm was founded by Pete Strom, the former US Attorney for the District of South Carolina. He, along with his team of attorneys, will zealously represent you in any state or federal court in South Carolina against criminal charges. We have over 30 years of experience collectively, and we offer free, confidential consultations to discuss the facts of your case. Contact us today for help. 803.252.4800.

SC Mayor Charged with Assault and Battery

by Pete Strom on May 15, 2013

Arrest Warrant Issued for Mayor Charged with Assault and Battery

Mayor Retha Pierce of Atlantic Beach, SC has been charged with assault and battery, third degree. As of Friday, May 10th, there is a warrant out for her arrest.

Officials from the Horry County Sheriff’s Office say that the warrant comes after Atlantic Beach Councilwoman Carolyn Cole filed an assault complaint against the mayor.

According to Cole, she had to go see a doctor for medical treatment after Pierce body-checked the councilwoman, causing an area that had previously undergone surgery to become incredibly painful. Cole also alleges that the mayor threw a bottle of water at her, soaking her sleeve.

Pierce has an unfortunate history of violence, although no previous assault and battery charges. In July 2011, she was found guilty of resisting arrest, and served 18 months’ probation for an incident on Christmas 2007.

The Horry County Sheriff’s Office says that Pierce turned herself in on Monday, May 13th. She released on a $2,000 bond, under condition that she have no contact with the victims.

Assault and Battery Charges in South Carolina

Assault and battery are two different but related crimes that frequently happen simultaneously and, as a result, are usually prosecuted jointly. Assault involves the act of threatening to injure someone, while battery refers to the actual act of violence. Both assault and battery are taken extremely seriously in a court of law and carry heavy penalties including jail time and more.

Assault and battery are legal subsections under a set of laws dictating how the state will handle bodily harm, from homicide to sexual assault. Assault and battery in the first degree is a felony, and a person commits first degree assault and battery when they unlawfully injure another person, cause injuries that can lead to serious physical impairment or death, injure the party while perpetrating another crime like robbery, or cause injury during a sexual assault.

First degree assault and battery is a lesser-included offense of assault and battery of a high and aggravated nature, and attempted murder. If convicted, the guilty party can face up to 10 years in prison.

Second and third degree assault and battery charges are misdemeanors. While still serious, prison sentences for misdemeanors tend to be shorter than felony sentences. For convictions related to second degree assault and battery, the guilty party can face fines of up to $2,500, or a prison sentence of up to three years.

Third degree assault and battery convictions are punishable with up to $500 in fines, 30 days in prison, or both.

The Strom Law Firm Can Help with Assault and Battery Charges

The South Carolina criminal attorneys at the Strom Law Firm, LLC have experience dealing with assault and battery defense cases. Our familiarity with prosecutorial techniques, knowledge of South Carolina criminal law, and our understanding and genuine concern for the rights and liberty of people facing criminal investigation and arrest ensure that you will receive a vigorous, well-planned defense.

Possible defenses may include:

  • Consent – The alleged victim consented to the harm
  • Prevention of a crime – In certain situations, the use of violence or force is allowed to prevent a crime.
  • Self defense, defense of property, or defense of others – Force can legally be used to stop physical harm to oneself, someone else, or to prevent the harm or theft of an individual’s possessions.

If you or a loved one face the serious criminal charges of assault and battery, you do not have to suffer alone, and you do not have to give up your rights. The attorneys at the Strom Law Firm can help. We offer free, confidential consultations to discuss the facts of your case in private. Contact us today. 803.252.4800.

Testimony in Double Homicide Trial Begins

by Pete Strom on May 15, 2013

Double Homicide Trial Against Brett Parker Begins This Week

After finally concluding opening statements on Monday, May 6th, the double homicide trial against accused Brett Parker finally began in earnest on Wednesday, May 8th.

The first piece of evidence against Parker was a frantic 911 call, just moments after Parker’s wife Tammy, and illegal gambling associate Bryan Capnerhurst, were gunned down in the upscale Irmo home.

Many jurors burst into tears as they listened to the desperate Parker describe the scene to a dispatcher. Parker himself was red-faced and crying as he heard the recording.

The recording features Parker yelling that Capnerhurst shot and killed his wife, Tammy Jo Parker, and that Parker himself had shot Capnerhurst in self-defense. In the tape, he screamed, “I shot him! I think I killed him!”

Richland County Sergeant Maria Yterria testified that, when police arrived at the scene, Parker was pacing and appeared distraught. Prosecutors, however, pointed out that Parker, when breaking the news of their mother’s death to his 14 and 5 year-old children, blurted the news out and had to be prompted to hold his crying daughter.

Parker’s defense attorneys maintain their client’s innocence, despite his involvement in an illegal gambling operation, mounting debts, and illicit affair.

“They had the FBI investing him, they had the Secret Service investigating him, if they had that kind of law enforcement on you, like they were on Brett Parker,” defense attorney Mark Whitlark rebutted during his statement, “they could have indicted Mother Teresa!”

Prosecution in Double Homicide Case Alleges Parker Killed for Money

Prosecutors have been painting a picture of Brett Parker as a cold-hearted killer, who cared little for his family and committed double homicide for financial reasons.

At the pre-trial hearing on Monday, prosecutors alleged that Parker killed his wife Tammy in order to collect her $1 million life insurance policy, and shot his business associate Bryan Capnerhurst to escape several hundred thousand dollars’ worth of gambling debts.

Capnerhurst and Parker ran an illegal gambling operation out of the Parkers’ home in Irmo. Parker will stand trial for federal charges related to the illegal gambling operation later.

Assistant solicitor Megan Walker painted a stone-cold picture of Parker. “When he saw her [Tammy] face down on that cold, hard bathroom tile, in a puddle of her own blood, according to him, gurgling at that point in time, he didn’t turn her over, he didn’t see where the bleeding was coming from, he didn’t try to stop the bleeding, he didn’t administer CPR, he didn’t hold his wife in one final embrace,” said Walker. “According to Brett Parker, he put two fingers on her neck and when he didn’t feel a pulse, he went downstairs to get a phone and call 911.”

Prosecutors also allege that Parker was having an extramarital affair, but could not afford to divorce his wife due to his gambling debts. The affair added extra motive for Parker to shoot his wife.

On Wednesday, the defense admitted that Parker was having an affair – he in fact texted back and forth with the young woman on the day of his wife’s murder. However, the defense said that the affair was “just sex.”

According to Walker, when investigators arrived at the Parkers’ home, they asked if Parker was in any financial trouble, or if his marriage was on the rocks. “Brett Parker answered no to both of those questions,” Walker said.

Between the initial lying, and Parker’s affair and debts, Walker claims that Parker had motive to kill his wife, while Capnerhurst did not. However, Parker’s lawyer Whitlark said that Capnerhurst was just as financially desperate as Parker, and had many of his own gambling debts to pay off. He went to the couple’s Irmo home last April in order to rob them and get the $21,000 immediately owed to him.

The court has a list of 150 potential witnesses, including Parker’s two children, who could be called on during the course of the trial. The trial will resume on Thursday, May 9th.

The Strom Law Firm Defends Against Criminal Charges from Illegal Gambling to Murder

If you have been charged with a crime, whether a white collar crime like illegal gambling, or a much more serious crime like murder, you could feel alone and terrified. However, just because you have received criminal charges does not automatically mean you are guilty. The attorneys at the Strom Law Firm have decades of experience with both state and federal law, and can help you restore your reputation. We offer free, confidential consultations so you can discuss the facts of your case with impunity. Contact us today. 803.252.4800.

Woman Accuses Boss of Criminal Sexual Conduct and Kidnapping

A man who owns a gentlemen’s club in Myrtle Beach, SC is wanted for kidnapping charges and criminal sexual conduct.

According to a Horry County police report, John Sachs has been wanted since February 10th for an incident involving one of his employees. As of May 4th, warrants have been issued for his arrest for two charges: kidnapping the victim, and criminal sexual conduct.

Horry County police were called to Conway Medical Center to interview the victim on February 10th. The victim told officers that two weeks prior to the incident, she had started work at Sachs’s club, Chez Joey, as a waitress. The evening of the incident, Sachs asked the victim to his home so he could get a ride to the airport later. On February 9th, they left the club at about midnight.

The victim said that the two were watching TV between 2 and 4 AM, when Sachs grabbed her phone and her keys, and hid them. Sachs then forced her into his bedroom, where he raped her. The victim said that she was able to get away from Sachs and hide in another room until he left the house. She told officers that Sachs called her and told her not to return to work after the incident.

Later that day, she called the Rape Crisis Center for help.

Sachs is still on the loose, and faces serious charges of criminal sexual conduct and kidnapping.

Kidnapping and Criminal Sexual Conduct Charges in South Carolina

South Carolina law defines kidnapping and abduction as “whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed thirty years unless sentenced for murder as provided in Section 16-3-20[i].” In addition, “if two or more persons enter into an agreement, confederation, or conspiracy to violate the provisions of Section 16-3-910 and any of such persons do any overt act towards carrying out such unlawful agreement, confederation, or conspiracy, each such person shall be guilty of a felony.  Upon conviction, such persons shall be punished in like manner as provided for the violation of Section 16-3-910[ii].”

Criminal sexual conduct charges in the first degree, as defined by South Carolina law, involve kidnapping of the victim and forcing them into sexual acts:

“(1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:

(a) The actor uses aggravated force to accomplish sexual battery.

(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other similar offense or act.

(c) The actor causes the victim, without the victim’s consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance.

(2) Criminal sexual conduct in the first degree is a felony punishable by imprisonment for not more than thirty years, according to the discretion of the court.”

The Strom Law Firm Prosecutes Criminals On Behalf of Kidnapping and Criminal Sexual Conduct Victims

If you or a loved one are the victims of a serious crime, including kidnapping, or criminal sexual conduct such as rape or sexual assault, it is important that you take the person who hurt you to court – whether it is a criminal trial, or personal injury lawsuit. The attorneys at the Strom Law Firm have been based in Columbia, SC for 16 years, and are also licensed to practice in Georgia and New York. We offer free, confidential consultations to discuss the facts of your case, so do not hesitate to contact us for help. 803.252.4800

Hilton Head Man Arrested on Robbery Charges for Robbing Two Banks in Just Two Days

Authorities caught and arrested a 51-year-old man from Hilton Head after he robbed two banks in two days, claiming to have an explosive device as a weapon. He faces very serious robbery charges.

Police caught David Edward Boyd on Museum Street just one hour after he allegedly robbed a Bank of America on Hilton Head on Thursday, May 2nd. He also faces robbery charges for a heist at a Bank of America in Bluffton on Wednesday, May 1st.

Reportedly, Boyd told bank employees that he had a bomb. The Sheriff’s Office says that the man walked into the Hilton Head bank at about 11:30 AM and showed the teller a note, claiming he had a bomb that he would use if he did not receive money. He fled with an undisclosed amount of cash.

Surveillance footage and witness testimony indicated that Boyd was also Wednesday’s bank robber.

Bluffton police, who began looking for Boyd after Wednesday’s robbery, say that he yelled at the teller that he had a bomb.

Police found no evidence that Boyd actually had an explosive device.

Hilton Head authorities caught and arrested Boyd at about 12:30 PM in a Burger King parking lot. According to one witness, who snapped some cell phone pictures of the arrest, Boyd had “a full package of money.” However, authorities are not disclosing how much money Boyd ran off with.

The FBI assisted with both investigations.

Boyd is currently being held at the Beaufort County Detention Center. His record shows no previous arrests.

Bank Robbery Charges in South Carolina

Bank Robbery is defined as the crime of stealing from a bank while others, other than the person or persons committing the crime, are present. Bank robberies involved the use of force, threat of force and/or involve putting the victim in fear. Almost all bank robberies are done for financial gain. Bank robbery cases can be tried in state or federal court. If a federal prosecutor wants the case to be tried on the federal level, it may be tried because banks are run by the Federal Reserve System.

Bank robberies do not require the use of a weapon; however, the use of a weapon can increase a person’s sentence.

Armed robbery refers to a specific type of robbery that involves the use of a weapon, a replica of a weapon, or the pretense of having a weapon.

An armed robbery charge is one of the most serious charges an individual can face and may be filed in conjunction with illegal possession and/or assault with a deadly weapon charges.

Depending on previous charges, robbery charges may be tried at the federal, rather than the state, level.

The Strom Law Firm Can Help with Robbery Charges

Our law firm is familiar with the sentencing ranges for all theft crimes, including armed robbery and bank robbery charges. We will do everything possible to protect your rights throughout the legal process, and seek the outcome that has the least negative impact on your life. If you have been charged with armed robbery in South Carolina you should have a South Carolina defense attorney on your side to ensure that your rights are protected. We offer free, confidential consultations so you can discuss the facts of your case with impunity. Contact us today. 803.252.4800.

Police Arrest Suspect for Burglary After Following Him, Finding $100,000 in Stolen Goods in Home

On Tuesday, April 30th, police followed a suspect to a house north of Columbia after discovering ATV tracks from a stolen ATV. They discovered more stolen goods at the suspect’s house, and have arrested him for burglary and larceny.

Quendale Livingston, 23, has been arrested for burglary and larceny and booked into the Alvin S. Glenn Detention Center.

Officers responded to a burglary call on Tuesday, in which the victim reported a stolen All-Terrain Vehicle (ATV). Sheriff Leon Lott stated that observant deputies discovered tire tracks from the vehicle and followed them to the victim’s home on Monticello Road.

When they arrived, deputies discovered the stolen ATV, along with four other ATVs, a dirt bike, a 2008 Chevrolet Avalanche (stolen in Georgia), bicycles, approximately $25,000 worth of shop tools, gas and electric yard blowers, rakes, mowers, chainsaws, a set of gold clubs, televisions, a game console, hunting clothing, stainless steel catering equipment, and exercise equipment. The total value of the stolen merchandise was over $100,000.

Investigators have determined that Livingston is responsible for the stolen items, as well as additional crimes in the area. The investigation will continue, however, as authorities do not believe that Livingston worked alone.

Sheriff Leon Lott stated that if you feel you may have been victimized by Livingston to please contact Sergeant Don Robinson at (803) 576-3190.

Burglary Charges in South Carolina

Burglary charges can be either first, second, or third degree charges, indicating whether or not the perpetrator had a weapon or committed additional crimes at the time of the burglary.

A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either: (1) when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime is armed with a deadly weapon or explosive; causes physical injury to a person who is not a participant in the crime; uses or threatens the use of a dangerous instrument; or displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm. If the burglary is committed by a person with a prior record of two or more convictions for burglary or, or the entering or remaining occurs in the nighttime, these will also qualify as first degree burglary.

Second degree burglary is similar to first degree, but does not involve prior convictions for burglary or house-breaking.

A person is charged with burglary in the third degree if the person enters a building without consent and with intent to commit a crime therein. They do not need a prior record, or to be armed, to be charged with third degree burglary.

Burglary is an extremely serious crime and, in the State of South Carolina, is punishable with between 5 years to life in prison.

The Strom Law Firm Can Help with Burglary Charges

If you have been arrested for or charged with burglary in South Carolina, you face very serious and frightening charges. The attorneys at the Strom Law Firm understand the complexity of the law and will fight for your freedom. We offer free, confidential consultations, so do not hesitate to contact us. 803.252.4800.

Former Maintenance Worker Arrested on Criminal Sexual Conduct Charges After Many Years

A man who worked as a maintenance worker for an Upstate church has been arrested and charged with 27 different counts of criminal sexual conduct, dating back to the mid-1970’s.

On Friday, April 26th, Crimes Against Children investigators arrested 58-year-old Timothy Lee Anders in connection with several sexual assault cases, involving two main victims so far.

A few days before Anders’s arrest, investigators met with a man who stated that Anders sexually assaulted him over an eight-year period, starting in 1981 when the victim was 10 years old. The victim met Anders while the man was employed at Wrenn Memorial Baptist Church in Greenville, SC. In 1981, Anders began to touch the victim inappropriately, and later sexually assaulted him. The criminal sexual conduct continued until 1986.

Another victim was discovered through the investigation, a woman who said that Anders sexually assaulted her starting in 1976, when she was 6 years old, and ending in 1982. She also met Anders at the church, but began visiting Anders in his home. She was touched inappropriately and sexually assaulted, like the first victim.

The criminal sexual conduct involving both victims occurred in multiple locations, including the church, Anders’s home, and his vehicle.

Anders has been charged with 27 counts of criminal sexual conduct – nine counts of lewd acts on a minor, four charges of criminal sexual conduct with a minor first degree, and 14 counts of criminal sexual conduct with a minor second degree.

The investigation continues as Anders is held in the Greenville County Detention Center. Investigators believe that more victims who have not yet come forward. They encourage anyone with knowledge of this case to contact Crime Stoppers at 23-CRIME.

Criminal Sexual Conduct with a Minor in South Carolina

Being investigated or arrested for Criminal Sexual Conduct with a Minor, or sexual exploitation of a minor, is a serious allegation with potentially life altering consequences.

Charges of criminal sexual conduct, including with a minor, include:

According to the South Carolina Judicial Department, criminal sexual conduct requires:

1. That the accused engaged in sexual battery with the victim; and
2. That one or more of the following circumstances are present:
A. the accused used aggravated force to accomplish the sexual battery, and/or
B. the victim submitted to the sexual battery under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other similar offense or act.
C. the accused caused the victim, without the victim’s consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance.

The Strom Law Firm Can Help with Criminal Sexual Charges

The Strom Law Firm’s attorneys collectively have 30 years of experience with the criminal justice system. We can help you with criminal sexual conduct charges against a minor in South Carolina, as well as Georgia and New York. We offer free, confidential consultations to discuss the facts of your case, so contact us today. 803.252.4800.

The Double Homicide Case Against Illegal Gambling Ring Leader Goes to Trial Next Week

An Irmo man who ran an illegal gambling ring, and who has been accused of double homicide, will stand trial sometime next week, according to authorities. Brett Parker, a man who ran an illegal gambling ring in Richland County, was arrested last April after officers found his wife, and one of his business associates, shot to death in the Parkers’ upscale home in Irmo, SC. Parker told police that his associate, Bryan Capnerhurst, arrived at their house to claim several thousand dollars of gambling debt from Parker, then shot his wife. Parker grabbed a gun in self-defense and shot Capnherhurst. However, prosecutors believe that Parker actually murdered both Capnerhurst and Tammy Parker, to escape gambling debt and to claim his wife’s $1 million life insurance policy. Last week, Parker’s attorneys asked for 30 days to review evidence they never received from prosecutors until it was presented in court. ”We were told we had everything in January,” said attorney Mike Whitlock. “That’s why we have contention with them right now because apparently we didn’t.” Previously, one of Parker’s attorneys also invoked South Carolina’s “Stand your Ground” defense, aka the Protection of Persons and Property Act, which allows homeowners to use physical force against intruders. The prosecution claims that the defense is stalling as long as possible. Defense attorneys were granted one week, rather than a full month, to review evidence against Parker. Prosecutors say that cell phone records, surveillance footage, and forensic testing do not back up Parker’s story. In addition to the double homicide charges, Parker also faces federal charges in connection with an illegal gambling ring he ran. In February of this year, a second illegal gambling ring in Lexington, run by a man who helped Parker start his Richland County business, was uncovered. Lanny Ray Gunter, 43, was sentenced to 5 years in prison with 5 years’ probation, and his accomplices Harry Bruce Benenhaley, 66, and Ronald Dale Spence, 61, each sentenced to 5 years’ probation. Gunter’s sentence, however, was reduced because he cooperated with authorities during the investigation of the Parker murder case. He said that Parker told him about an affair, and said that he wanted to end his marriage for four months before his wife and Capnherhurst were killed.

Delay Requested On Monday’s Pre-Trial Hearing in Double Homicide Case

Originally, the pre-trial hearing scheduled this past Monday, April 29th, should have ruled in regards to the “stand your ground” defense, but Parker’s attorneys delayed the trial even further. While Judge DeAndrea Benjamin should have ruled on the “stand your ground” defense, attorneys requested more time to comb through 470 pages of documents they received from prosecutors. Judge Benjamin gave them one week, rescheduling another pre-trial hearing for Monday, May 6th. Officials say that Parker’s double homicide case will finally go to trial in mid-week. Originally, the trial had been scheduled for May 6th. The new information presented by prosecutors was the results of a gunshot residue test. Defense says that they think the gunshot residue results are positive, showing that Capnerhurst fired the gun that killed Parker’s wife, not Parker. Parker’s attorney Dave Fedor said that so far, Judge Benjamin has also not decided whether Parker will stand trial for double homicide – the murders of both Tammy Parker and Bryan Capnerhurst – or if he will go to trial twice, once for each murder.

The Strom Law Firm Defends Against Criminal Charges

Brett Parker faces several very serious charges, both at the state and federal level. His charges for double homicide alone could land him a life sentence in jail, and the federal charges for illegal gambling could include hundreds of thousands of dollars in fines, and more jail time. Do not let serious criminal charges ruin your future. Our firm was founded by Pete Strom, the former US Attorney for the District of South Carolina. He, along with his team of attorneys, will zealously represent you in any state or federal court in South Carolina against criminal charges. We have over 30 years of experience collectively, and we offer free, confidential consultations to discuss the facts of your case. Contact us today for help. 803.252.4800.

SC Restaurant Owner Arrested for Solicitation, Selling Alcohol to Minors

On Tuesday, April 30th, a restaurant owner in Georgetown, SC was arrested for solicitation after police said he solicited sex from teenage boys at his restaurant.

According to Georgetown Police Captain Nelson Brown, the restaurant owner, Kenneth Carl Terry, 46, has been charged with four counts of solicitation for prostitution.

Terry owns the “Krazy Fish,” a restaurant on Front Street where the incidents took place. On the restaurant’s website, Terry is listed as the owner and chef.

On April 11th, an anonymous tip to the police said that underage drinking was occurring at the restaurant. The person said he witnessed both Terry and other employees providing alcohol to underage people. The investigation into underage drinking led to allegations that Terry solicited some teenagers for prostitution.

The police report states that Terry made the proposition to four teenage boys at his restaurant. Brown says that the investigation will continue, and it is possible more people will be arrested in connection with the solicitation charges.

South Carolina Prostitution and Solicitation Defense Attorneys

Prostitution and solicitation charges in South Carolina can be complicated and involve an array of legal issues. In some cases, a man may offer a woman a ride, only to find out when the police arrive that she is a prostitute. We can help with your prostitution entrapment defense. Entrapment means that the defendant was not likely to commit prostitution or solicitation, but the conduct or express request of the undercover officer engaged the person in the act.

Prostitution and solicitation charges are usually misdemeanors, unless you have prior convictions, in which case you may be facing a felony charge. Prostitution and solicitation charges involve delicate matters that are best handled by an attorney. Whether you are innocent or guilty of prostitution or solicitation, your personal life is at stake and you do not want your good name to be damaged with a bad reputation.

However, criminal solicitation of a minor is a much more serious felony charge.

The South Carolina law which prohibits criminal solicitation of a minor provides:

A) A person eighteen years of age or older commits the offense of criminal solicitation of a minor if he knowingly contacts or communicates with, or attempts to contact or communicate with, a person who is under the age of eighteen, or a person reasonably believed to be under the age of eighteen, for the purpose of or with the intent of persuading, inducing, enticing, or coercing the person to engage or participate in a sexual activity as defined in Section 16-15-375(5) or a violent crime as defined in Section 16-1-60, or with the intent to perform a sexual activity in the presence of the person under the age of eighteen, or person reasonably believed to be under the age of eighteen.

(B) Consent is a defense to a prosecution pursuant to this section if the person under the age of eighteen, or the person reasonably believed to be under the age of eighteen, is at least sixteen years old.

(C) Consent is not a defense to a prosecution pursuant to this section if the person under the age of eighteen, or the person reasonably believed to be under the age of eighteen, is under the age of sixteen.

(D) It is not a defense to a prosecution pursuant to this section, on the basis of consent or otherwise, that the person reasonably believed to be under the age of eighteen is a law enforcement agent or officer acting in an official capacity.

(E) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than ten years, or both.

The Strom Law Firm Can Help with Solicitation Charges

If you have been charged with solicitation, prostitution, or solicitation of a minor, contact the criminal defense attorneys at the Strom Law Firm, LLC today for a free consultation to discuss the facts of your case. Based in Columbia, SC, our law firm has practiced throughout South Carolina for 16 years, and our federal criminal defense attorneys have a strong understanding of the complexities of federal sex crimes legislation. Contact us today for help. 803.252.4800.

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