He admitted to raping a woman behind a Broadway at the Beach kiosk. Now he’s been sentenced.
A man admitted to raping an intoxicated woman at a popular Myrtle Beach shopping complex, but avoided additional jail time.
Myrtle Beach police arrested Kenneth Simmons and Sean Swisher in December on charges of third-degree criminal sexual conduct. Simmons was in Horry County court on Wednesday to plead to that charge.
Judge Steven John sentenced Simmons to five years in prison, but suspended it for three years probation. He will also have to register as a sex offender. The case against Swisher remains active.
The victim was out with her friends at Broadway at the Beach in December when she got drunk, Assistant Solicitor Mary Ellen Water said. A friend helped her outside and then tried to get everyone in their group together so they could leave.
Walter said Swisher and Simmons lured the victim away and friends and Broadway at the Beach security searched for the woman. A security officer found her behind a kiosk with the two suspects who were sexually assaulting her.
“When they came upon her, she was essentially nonresponsive,” Walter said.
Simmons told the court the details described by the prosecutor were correct. He didn’t speak in court other than to answer the judge’s questions. The victim was not present for Wednesday’s hearing.
Defense Attorney James Galmore said Simmons is 35-year-old, engaged and has four children. He has lived in Myrtle Beach his entire life.
“If it wasn’t for the alcohol, he would not be engaged in this behavior,” Galmore said.
Simmons has spent more than 200 days in jail since his arrest, Galmore said. Simmons was trying to leave jail to return home to take care of his children, his lawyer said.
“He is here today to accept responsibility for what he did,” Galmore said.
