State will retry Sidney Moorer in Heather Elvis case, solicitor says

The state will take Sidney Moorer, charged with kidnapping in the disappearance of Heather Elvis, to trial again after a mistrial was declared Friday because a deadlocked jury couldn’t reach a verdict.

The state is eager to get back into the courtroom soon and hopes to before summer is over, Fifteenth Circuit Solicitor Jimmy Richardson said. Scheduling is up to presiding Judge R. Markley Dennis Jr., who must contact court administration in Columbia to set a new date first, and so far nothing has been scheduled for a new trial as the dust settles on the mistrial.

“We’d love to retry it, and start over the very next week, and I’m sure Kirk [Kirk Truslow, Moorer’s attorney] would too, but you don’t get to be king of the world and do that,” said Richardson.

Dennis declared the mistrial Friday after the mainly-male jury -- with 10 finding Moorer guilty and two thinking he was innocent -- could not reach a unanimous decision.

The state has the option not to hold another trial, but Richardson said the trial, in which Assistant Solicitors Nancy Livesay and Martin Spratlin called about two dozen witnesses to testify, will be held again.

“I don’t know where anyone would get the idea that we’re not moving forward,” said Richardson.

Debbi Elvis, Heather Elvis’ mother, said the family felt a mix of emotions and frustration about the mistrial. The Elvis family described their days sitting in court as “traumatic” during the trial as they heard testimony and viewed evidence that retraced their daughter’s last known steps.

“It’s like reliving a nightmare,” Elvis said of each time she hears details about Heather’s disappearance.

Debbi Elvis said she thought the jury worked hard to reach a verdict, as they requested to hear the definitions of circumstantial evidence, reasonable doubt and the kidnapping charge, and review some evidence.

Elvis said she found the judge to be fair to both sides during the trial, but was disappointed he allowed a man who identified himself as a friend of Truslow’s to serve on the jury.

During the jury qualification process, one man told the court he was a friend of Truslow’s, but said the connection would not impede his ability to be fair and impartial, so the judge allowed him to join the panel, despite an objection from the state.

The trial lasted four days before the state rested their case and the defense rested theirs without calling a single witness to the stand. After the state rested its case, Truslow filed a motion asking the judge to rule the case couldn’t be decided by the jury because of lack of evidence, but it was denied.

Livesay said Moorer, 40, had a motive because Elvis was possibly pregnant, which Livesay said would not allow for a clean breakup after Moorer’s wife Tammy found out. Tammy Moorer also is charged with kidnapping in the case.

Livesay said that Moorer lured Elvis to Peachtree Boat Landing in Socastee and kidnapped her. Elvis’ locked and abandoned car was found at the landing Dec. 19, 2013, the day after she was last seen.

“There’s a fine thin line between circumstantial evidence and looking suspicious,” Truslow said during his closing argument June 23.

Truslow argued that other suspects loomed in the background, such as an abusive ex-boyfriend of Elvis’ and a man she had just returned from a first date with, but that Horry County police did not investigate them. And Truslow also pointed to Tammy Moorer, who sent Elvis threatening messages and made harassing phone calls to her, according to testimony.

Sidney and Tammy Moorer were charged with murder in February 2014 in Elvis’ disappearance, but the charges, along with indecent exposure charges, were dismissed for the couple in March. An obstruction of justice charge was also dismissed for Tammy Moorer, who has not yet had a trial date set for the kidnapping charge.

Sidney Moorer is still charged with obstruction of justice, but a trial date has not been set for that charge. Moorer has a hearing scheduled in September for allegedly breaking the gag order, which prohibits discussion of the case, by speaking with a media outlet during the trial.

Heather Elvis would have turned 23 Thursday. The family is preparing a fundraiser to aid CUE Center for Missing Persons in honor of her birthday.

This story was originally published June 29, 2016 at 2:16 PM with the headline "State will retry Sidney Moorer in Heather Elvis case, solicitor says."