10th Circuit Solicitor

FEBRUARY 2011 EDITION SOLICITOR’S ANNUAL REPORT

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(Walhalla, SC). An Oconee County jury found 24 year-old Matthew Hinton guilty today of Homicide by Child Abuse. The Honorable Alex Macaulay sentenced him to 41 years in prison. 
On August 16, 2009, Seneca police officers were called to Oconee Medical Center in response to suspected child abuse. EMS had transported 5 month old Brianna Bright to the hospital after reportedly being found unresponsive by her father, the defendant. She died 2 days later at Greenville Memorial Hospital as a result of severe head trauma. According to medical testimony, the injuries occurred during the time period when the defendant was the caregiver for the child while the mother was at work. 
“Our thoughts and prayers are with Brianna’s family,” said Solicitor Chrissy Adams. “This innocent child relied on the defendant as her protector and care giver. Instead, his reprehensible actions resulted in her violent death. Our community has no place for people like Mr. Hinton and I am pleased that today’s guilty verdict will lead to a lengthy prison sentence for his crime. We would like to thank the jury for their service on this difficult case and Judge Macaulay for the decision to send Matthew Hinton to prison for the next 41 years.” 

MACKEY SENTENCED TO 45 YEARS
FOR MURDER

February 8, 2011
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(Anderson, SC). Johnny Lee Mackey pled guilty today to Murder in Anderson General Sessions Court. The Honorable Cordell Maddox sentenced him to 45 years in prison.

On 5/16/09, Waliyyudden Dawson went to the defendant’s home on River Oaks Drive in Anderson. Two of Dawson’s children, ages 12 and 9, were in the vehicle with him. When they pulled into the driveway, Mackey came out of the house with a gun. The victim told Mackey that his kids were with him. Mackey said, “I don’t care, I don’t care,” and began firing. Waliyyudden Dawson was shot in the thigh, back, and head. He died at the scene. 

December 16, 2010
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(Walhalla, SC). Kathleen Taylor pled guilty today in Oconee County General Sessions Court to Embezzlement of Public Funds. The Honorable Alex Macaulay sentenced her to 10 years suspended on service of 18 months and 5 years probation with restitution of $505,500. Judge Macaulay renewed Taylor’s bail and has allowed her to turn herself in on December 27th to begin her prison sentence.

Taylor was employed by the Oconee County Sheriff’s Office from 2005 to 2009. As office manager, she was responsible for deposits and checks from the Sheriff’s Drug Forfeiture account. According to the SLED investigation, the defendant began taking funds from the account in 2007 and continued until her actions were discovered in November of 2009. Sheriff Singleton stated to the Court that new policies have been instituted by his office to prevent the recurrence of such actions. 

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December 15, 2010
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(Walhalla, SC). Following a short deliberation, an Oconee County jury has found Dennis Temple guilty of 2 counts of First Degree Criminal Sexual Conduct, Kidnapping and Grand Larceny. The Honorable Cordell Maddox sentenced Temple to a total of 100 years.

On May 9, 2010, at approximately 4:30 p.m., a 19-year old Clemson student arrived at her storage unit in Oconee County where she planned to place the last few items she had remaining in her dorm. Within minutes, Dennis Temple approached her, offering to sell her shoes. When she declined the offer and went to her car, she realized she had left her storage unit door open. As she attempted to close the door, the defendant assaulted her. He then placed a belt around her neck and dragged her to his storage unit. The victim blacked out and when she woke up, she was lying on a mattress in the defendant’s storage unit. Temple bound her with sheets and placed a sock in her mouth before raping her. The victim’s ordeal continued for approximately 9 hours until the defendant left the storage facility and the victim was able to locate a cell phone and call 911. Law enforcement and medical personnel arrived shortly thereafter and the victim was taken to Oconee Medical Center. Deputies arrested the defendant after the victim identified him in a photo lineup. Subsequent DNA testing by South Carolina Law Enforcement Division also linked the defendant to the crime.

“It is rare and unfortunate that the victim in a case such as this has to face questions from her attacker in court, as this young lady did,” stated Solicitor Chrissy Adams. “She has shown amazing courage from the day of her attack through today when she was able to see Temple get the justice he deserves. The sentence handed down by Judge Maddox today will ensure that Dennis Temple will spend the rest of his life in prison. No one else will have to suffer the trauma that she endured at the hands of Dennis Temple.”

November 17, 2010
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(Walhalla, SC). An Oconee County jury found David Chavez guilty today of
the murder of his wife, Wendoli Berrera Chavez in October of 2009.The
Honorable Alex Macaulay sentenced Chavez to life in prison.
On October 14, 2009, between 2:00 and 3:00 p.m., the victim had returned
to the house she had shared with Mr. Chavez to pick up her mail before
going to work. She and the defendant had been estranged for approximately
a month. While at the home, Chavez strangled his wife to death and then
stabbed her. Chavez and two of his relatives then drove to a local store
where they were recorded on surveillance video shopping around 4:00 p.m.
Upon returning home, Chavez called 911 and reported that he had stabbed
his wife. Autopsy results showed the cause of death was asphyxiation.
“This case was another tragic example of domestic violence which is a
serious problem in South Carolina,” said Solicitor Chrissy Adams. “Mr.
Chavez murdered his wife in a brutal fashion and freely admitted that he
killed her. We are pleased with the jury’s verdict and with the sentence
handed down by Judge Macaulay which will send Mr. Chavez to prison for
the rest of his life.”

October 22, 2010
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(Anderson, SC). Twenty-six year old Korey Mayfield pled guilty today under NC v. Alford to Reckless Homicide just before the defense began presenting its case, following a week-long trial. The Honorable Cordell Maddox sentenced him to 10 years suspended to 2 years home incarceration with 5 years probation to follow. 

On July 11, 2008 Korey Mayfield was driving a vehicle that was being pursued by the SC Highway Patrol for speeding. Shortly after SCHP terminated the pursuit due to safety reasons, Mayfield, whose speed reached in excess of 100 miles per hour during the chase, lost control of the vehicle and slammed into several trees. Randi Harper and Sharmin Walls, who were traveling in the back seat, were both injured. Christopher Adam Timms, the front seat passenger, died in the accident. Mayfield was also seriously injured in the crash. Ms. Harper testified that the passengers had pleaded with Mayfield to slow down. 

September 3, 2010
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(Anderson, SC). Jose Luna-Cobarruvias pled guilty today in Anderson General Sessions Court to one count of Felony DUI resulting in death and two counts of Felony DUI resulting in Great Bodily Injury. The Honorable Lawton McIntosh sentenced him to 20 years on the Felony DUI resulting in death and 15 years on each count of Felony DUI with great bodily injury. All sentences will run concurrently. A detainer has been placed on the defendant, who is in the United States illegally, by the Federal Immigrations and Custom Enforcement (ICE) division. The defendant will face deportation proceedings upon completion of his sentence.

On May 16, 2009, the defendant was driving on US 29 in Anderson County when he lost control of his vehicle and crossed the center line, hitting another vehicle. Susan and Raymond Sigman were seriously injured. Eighty-five year old Katy Eaton, a passenger in the vehicle, died as a result of the injuries sustained in the accident. Cobarruvias’ blood alcohol level at the time of the wreck was .271. 

“This case is another heartbreaking example of the dangers of drinking and driving,” said Solicitor Chrissy Adams. “When you get behind the wheel of a vehicle under the influence, you not only put your life at risk but those of your passengers and everyone else on the road. These types of cases are easily preventable and that is what makes them so tragic. The case of Mr. Cobarruvias, however, is especially tragic because as an illegal alien he should not have even been in this country to begin with.” 

August 26, 2010
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(Walhalla, SC). Following examination of competency evaluations and
reports by Dr. Michael Gassen of the South Carolina Department of Mental
Health, the Honorable Alex Macaulay has accepted recommendations from
both the State and the Defense that eighty year-old Alfred Dawkins be
declared not competent and not likely to restore as relates to the death of his
sister, Johelen Owens. SC Code of Laws §44-23-430 Section 2 states:
… the person is unfit to stand trial for the reasons set forth
in Section 44-23-410 and is unlikely to become fit to stand
trial in the foreseeable future, the solicitor responsible for
the criminal prosecution shall initiate judicial admission
proceedings pursuant to Sections 44-17-510 through 44-17-
610 or Section 44-20-450 within fourteen days, excluding
Saturdays, Sundays, and holidays, during which time the
court may order the person hospitalized, may order the
person to continue in detention if detained, or, if on bond,
may permit the person to remain on bond;
Judge Macaulay ordered the State to proceed with judicial admission
proceedings in the Probate Court pursuant to SC Code of Laws §44-17-510.
On March 26, 2009, Seneca Police Department was dispatched to the
Dawkins childhood home after Mr. Dawkins called 911 stating that he had
killed his sister. Following Dawkins’ arrest, a series of mental evaluations
were conducted which resulted in a diagnosis of dementia of the
Alzheimer’s type, characterized by delusions of a persecutory nature. Based
on this diagnosis, doctors with the South Carolina Department of Mental
Health opined that Dawkins did not have the capacity to understand the
proceedings against him or to assist his attorney in his own defense.
“The expert testimony clearly demonstrated that Mr. Dawkins was not
mentally fit to stand trial. We believe that confinement to a mental hospital
is the best resolution to prevent Mr. Dawkins from harming anyone else in
our community,” said Solicitor Adams. “Our thoughts go out to the entire
family in this case who have gone through a very difficult and emotional
time.”

August 3, 2010
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(Walhalla, SC). Tenth Circuit Solicitor Chrissy Adams’ Diversion Programs in Oconee County delivered approximately $3,000 worth of diapers, hygiene products, and school supplies today to the United Way of Oconee. The items were purchased by participants in PTI (Pre-Trial Intervention) and AEP (Alcohol Education Program). Participants were allowed to donate items in lieu of a portion of community service they are required to perform under the programs. Collection of the items began in March of this year. The items will be distributed as needed by the United Way and the Family Friends Program. 

“This is a wonderful way for participants of PTI and AEP to feel that they have truly given back to the community. We will continue to reach out to other organizations in our community that provide direct services to children and families in need.” Solicitor Chrissy Adams.