Man loses $21K as part of Horry County drug case, but appeals court says that was wrong
A man who had to give up $21,000 as part of a drug investigation is in line for a new hearing after an appeals court said his trial was in error.
The South Carolina Appeals Court did not rule on whether civil forfeiture laws are constitutional — a question lingering in a different Horry County case.
South Carolina civil forfeiture laws have come under scrutiny after media reports about how they are used. Civil forfeiture is when police try to keep items found as part of an investigation. For example, guns or money found during an investigation into a drug ring.
The South Carolina Appeals Court ruled last week in the Horry County case involving Marvin Joshua White.
The 15th Judicial Circuit Drug Enforcement Unit started an investigation into White after allegations he stored money from drug sales in a safe deposit box, according to court paperwork. Investigators got a search warrant and found $21,000 and some jewelry.
After a trial, a judge ruled that White had to give up the money and jewelry.
On the eve of trial, White asked the judge to prevent the 15th Judicial Circuit Solicitor’s Office from using some evidence in the case because it was not provided to the defense beforehand. Solicitors said they never saw White’s request for the evidence and wasn’t aware of the request until the day of trial.
The judge allowed the case to continue over White’s objections and the evidence presented — including photographs, cell-phone videos and a DEU agent’s testimony — was not provided beforehand.
South Carolina’s Appeals Court ruled the judge could have delayed the trial to allow the evidence to be provided beforehand. The court noted in some cases turning over evidence results in a settlement.
The appeals court reversed the forfeiture order and said there should be a new trial for the forfeiture request.
Jimmy Richardson, Solicitor for the 15th Judicial Circuit, said they plan to retry the case. But, he didn’t know when it would be because of the South Carolina Supreme Court is reviewing the state’s forfeiture laws.
Richardson noted White is in federal prison on the criminal charges related to the case until 2028.
The Supreme Court is reviewing the state’s forfeiture laws after 15th Judicial Circuit Presiding Judge Steven John ruled the state’s forfeiture law unconstitutional. That case involves the police trying to keep $20,000 seized from the home of Travis Lee Green
