What’s SC law for assault by a mob charge? A state Republican leader was arrested for it
The recent arrest of the political director of the South Carolina Republican Party for assault and battery by a mob is not the first time that the charge has been used by police in Horry County.
The charge is becoming increasingly used by officers, especially in situations in which several people are involved in the incident.
The charge is an elevated version of South Carolina’s assault and battery and comes with higher penalties based on the severity of the crime.
It’s the “mob” part of the charge that can be a hangup in understanding the law, according to 15th Circuit Solicitor Jimmy Richardson.
Richardson said it may sound like “40 or 50 people” were involved, but “it could be as less as two,” he said. “(It) just means that another person helped you.”
According to South Carolina law, a “mob” is defined as two or more persons who have the intent of committing an act of violence on another person. The charge is designated by different degrees - with first degree being the most severe - depending on the level of violence and injury, including death.
Braylee Estep, 22, of Columbia, was arrested Jan. 3 by Conway Police for third-degree assault and battery by a mob after assaulting a person at her family’s Conway bar, Stalvey’s Watering Hole.
Estep was among three women, including her mother, Michele Stalvey Estep, 53, and Katie Turvey, 26, who were arrested during the assault at the bar on Dec. 23.
The three women allegedly hit multiple times a person who had been drinking at the bar, located at 1609 4th Ave., according to a police report. All those involved, with the exception of the witness were “highly” intoxicated, the report said.
The third-degree charge is a misdemeanor and if convicted, all three could face up to a year in prison.
Richardson said the officer could have charged each with simple assault and battery, which has a punishment of $500 and up to 30 days in jail if convicted. However, the officer chose to file the higher-penalty charge.
“It appears to be a fair charge,” Richardson said.
The arrest of the three women is among several cases in which those involved were arrested on the charges.
Three men were charged with assault and battery by a mob after allegedly robbing two people in the woods at Piedmont Avenue and Highway 17 Bypass and assaulting them on Jan. 16, 2023. Two of the suspects were armed with a machete and pistol. Both victims were hospitalized and one victim was raped.
In another case, eight people have been accused of beating and killing a North Carolina man near Green Sea. The man went missing on Jan. 9, 2023. Several of the suspects have been charged with third-degree assault and battery by a mob.
In October, Conway Police charged three men with mob assault after the victim suffered permanent damage in an incident at an apartment complex in October, according to a WPDE report. Officers were able to watch a video of the assault that showed the victim unconscious and three men and a woman running from the scene. Two 19-year-olds and a 21-year-old were arrested in connection to the incident.
And then in November, a woman was severely beaten by a man and woman in a building in the Longs area, according to a police report. The suspects were arrested by Horry County Police for second-degree assault and battery by a mob, as well as other charges, for holding the victim against her will and assaulting her, including at one point using a pool stick and pepper spray, according to the report. The argument was over the victim allegedly stealing the suspects’ fake gun.
