Defendant charged with murder asks for prosecutors to be removed

A defendant charged with murder and kidnapping in the disappearance of Zachary Malinowski has asked the court to recuse the prosecutors in his case.

Javon Dion Gibbs asked the judge to remove the 15th Circuit Solicitor’s Office, since Assistant District Attorney Christopher Helms initially worked on his co-defendant’s case as a public defender before joining the district attorney’s office.

Malinowski, 19, was last seen on Aug. 25, 2013, and was last heard from via telephone at 12:15 a.m. the next day, according to an Horry County police report. A week later police found Malinowski’s burned 1996 Chevrolet Beretta along Valley Forge Road, which is near where Malinowski had recently moved into his grandfather’s home in Aynor.

In December 2014, Horry County police charged Christopher Anfony Brown and Gibbs, both 21 of Conway, with kidnapping and murder in connection to Malinowski’s August 2013 disappearance.

In the motion to recuse, Gibbs states Brown is represented by the 15th Circuit Public Defender’s office and Helms, previously of that office, was an active participant in Brown’s defense early in the case.

"Helms was privy to confidential information" from Brown during his participation of the defense, the motion states. "Prosecution of this matter by the 15th Circuit Solicitor’s office will prejudice the defendant" Gibbs.

The motion was filed last week.

“We have followed the rules and regulations,” said 15th Circuit Solicitor Jimmy Richardson, who said there had been no impropriety by his office.

Richardson said he was slightly surprised by the motion because Helms’ had “very minimal, minimal” contact with the case.

A hearing on the matter will likely be held at the end of the month, Richardson said.

“We would like to have it heard sooner rather than later to put it to rest,” he said.

The motion was filed last week.

This is at least the second case involving a defendant's attorney filing paperwork to recuse or disqualify the 15th Circuit Solicitor's Office because of the same issue.

Randy Gale Robinson, 48, of Murrells Inlet, who is charged with murder and obstructing justice in the 2014 death of Aynor woman Angie Pipkin, will be tried in a different court because of Helms' previous involvement on his case.

Robinson’s defense attorney, Morgan Martin, filed a motion in December after Helms, who was previously a public defender on Robinson’s case, was hired to the Solicitor’s Office.

Administrative Judge Larry Hyman recused the 15th Circuit Solicitor's Office in March because of concern that Helms may be privy to confidential information about Robinson’s case, according to a motion.

This story was originally published August 2, 2016 at 8:23 PM with the headline "Defendant charged with murder asks for prosecutors to be removed."