Myrtle Beach man seeks new trial in 2013 murder. A local politician was his prior lawyer
A man convicted of murder four years ago in Myrtle Beach is seeking a new trial.
Mitchell Monroe Weatherall said he should get another trial due to failures on the part of his defense attorney, Johnny Gardner, who is also chairman of Horry County Council. The motion, known as post-conviction relief, was filed in Horry County court Monday.
Weatherall was convicted of murder in the 2013 killing of Helbert Woodberry at a Myrtle Beach motel. He pleaded not guilty. He is serving a life sentence at Perry Correctional Institution, a maximum-security prison in Greenville County.
2013 murder of Helbert Woodberry
Woodberry’s body was found Nov. 12, 2013, in Carolina Forest. He was 57. The murder took place at the Atlantic View Motel on Flagg Street in Myrtle Beach.
Weatherall was convicted alongside a co-defendant, Joey Raymond Garsow, who pleaded guilty to accessory after the fact of murder. Garsow was sentenced to 18 months in prison. Garsow helped Weatherall move Woodberry’s body for disposal, according to evidence presented at the trial.
Weatherall, a Myrtle Beach native, was 35 when he was convicted.
Post-conviction relief
J. Falkner Wilkes, a lawyer based in Greenville, is representing Weatherall in his filing for post-conviction relief.
Weatherall wrote in the filing that his defense lawyer did not obtain proper evidence to defend Weatherall. Weatherall argues some of the evidence would have supported his defense and not-guilty plea includes surveillance video, cellphone records, cellphone videos. Weatherall states that his lawyer failed to properly call witnesses and raise objections during the trial proceedings.
Gardner ethics issues
Gardner’s ethics have recently come under scrutiny.
Gardner is facing six counts of state ethics law violations related to illegal campaign contributions and failure to disclose loans for his 2018 campaign for chairman of Horry County.
Gardner is also under fire for failing to file the proper paperwork to disclose potential conflicts of interest in 2019. He had failed to file a statement of economic interest, as is required by state law.
The Sun News left a voicemail message with Gardner’s office. He did not respond to a request for comment in time for publication.
This story was originally published July 15, 2021 at 6:58 AM.
