So It Begins
And so it begins. What, exactly? The legal maneuvers to clear the Berkeley County Sheriff of criminal charges of DUI and leaving the scene of an accident.
First, a note from CCSO regarding the handling of H. Wayne DeWitt at the Sheriff Al Cannon Detention Center.
“In an effort to clarify how Sheriff DeWitt was handled by the Sheriff Al Cannon Detention Center, the following are the facts. Sheriff DeWitt was brought to the detention center at 8:46am and his processing into the facility was completed, including fingerprints and photograph, at 9:45am. From that point on he was lodged in the detention center. He was never at the Charleston County Sheriff’s Office’s headquarters.”
The information that DeWitt was being held at the offices of CCSO HQ was first put out by one of our local “news” agencies. Our sources informed us simply that DeWitt was held in an office rather than a cell. But, okay, we will take you at your word. Aside from that, we still have issues with the way CCSO handled this situation.
CTL broke the news of DeWitt’s arrest and presence at the SACDC just before 11 a.m. Sunday. At that time, the record showed “photo not available” and DeWitt’s full name was not listed. Since most people know him by his middle name, Wayne, we find this curious.
The time of capture on this image was 10:56 a.m.
Twenty minutes later, when the backbenchers at the local “news” stations started poking around as a result of our post, that booking photo mysteriously appeared. Time on this screen capture was 11:18 a.m.
If the booking process was completed by 9:45 a.m. why did it take an hour and a half for that photo to appear? Are the computers, servers or software at the SACDC that slow? If they are, just say so. We’ve been having some computer and server issues lately and we can sympathize. Otherwise, just admit there was some professional courtesy being extended, or just tell us you felt the publication of DeWitt’s full name and mugshot might have endangered his well being in your facility and move on.
We had no issue with the fact that no charges were listed, as there were no charges against DeWitt in Charleston County. We know how that works and only the “hold” will show up.
Even the Berkeley County Clerk of Court used his full name.
Now for some legal discussion.
Some news agencies, who have not been shy about their willingness to protect the Berkeley County Sheriff in the past, are helping to lay the groundwork for DeWitt’s defense. Judge Polk, a good pal of DeWitt’s, also laid that foundation at the bond hearing.
Take special note of the comments in the “conditions” block of the records above. “Connor did not make the arrest” and “cornner did not make the arrest”. Yeah, we know, it is Berkeley County government after all, but what they meant to type was “Coroner did not make the arrest”. And there you have the foundation for a future motion for dismissal of all charges on the basis the SCHP made an “unlawful arrest”. They want you to believe the Sheriff of any South Carolina county is exempt from arrest unless the coroner is dragged out of bed and brought to the scene to snap the cuffs on.
The Propaganda & Criminals tells us the Trooper wasn’t aware of the claim that only a coroner can arrest a sheriff. Whether that legal claim is true or not the U.S. Supreme Court has repeatedly ruled that an officer’s mistake or error in applying the law does not necessarily invalidate an arrest. In fact, they confirmed that earlier this month.
We don’t really have an issue with the personal recognizance bonds issued by Polk. We fully expected that to happen due to factors such as no official criminal history and DeWitt’s ties to the community. Polk, however, claimed the only reason he issued the P.R. bonds was because DeWitt was not arrested by Berkeley County Coroner Bill Salisbury. Polk, supposedly an impartial member of the bench, was helping to lay the foundation for dismissal.
Here is the pertinent South Caroline statute every one is referring to.
Now, we didn’t attend law school, but we have a bit of common sense and we occasionally exercise it. A careful examination of that statute shows it doesn’t say a word about an on-view arrest for a crime in progress or an arrest for an offense just occurred and based on fresh evidence.
That statute seems to deal only with serving process on the sheriff. It does not specifically mention “arrest”. Based on the way some are interpreting that statute, a sheriff cannot even be given a traffic ticket. In fact, they seem to believe a sheriff can walk into a convenience store, empty the till and gun down the clerk and nothing can be done until the coroner shows up.
We did some searching and found an interesting link at the Peach County, Georgia website. The law in Georgia and South Carolina tends to be similar as both states base their statutory law on the old English common law.
Of course, given the joke that is current South Carolina DUI law and the ridiculous precedents set by judges, the DUI charge against DeWitt will likely be tossed anyway. Let’s hope the state trooper didn’t mangle a word or two during the field sobriety testing.
Don’t forget, the top law enforcement official in Berkeley County refused to take a breath test as mandated by state law.
So much for that oath of his, huh? Oh, wait a second, Section 26 of Article III of the South Carolina Constitution doesn’t actually specify “obeying” the law. And you wondered how all those elected officials get away with stuff.
Sheriffs are also required by Section 23-11-20 of the South Carolina Code of Laws to take an additional oath as specified by Section 8-3-20.
Unfortunately, Section 8-3-20 was repealed in 1989 and the referring statute was never updated.
Section 23-11-110 lays out the requirements for someone who wants to be a sheriff. Paragraph 6 of that statute specifically states a DUI conviction within the last 10 years is a bar to holding that office.
Section 23-11-40 details how a sheriff can be replaced by the Governor.
Apparently the Governor can only act against a sheriff if an indictment is issued. Don’t get your hopes up, folks. This incident did occur in Berkeley County, after all.
Now we all get to sit back and wait for the backbenchers who have protected DeWitt for years to FOIA things like incident reports, accident reports, in-car video of Hanahan police officers and state troopers, and video from inside the breathalyzer room.
In the meantime we have been rather shocked at some of the comments on social media.
Strangely enough, the same folks who have repeatedly posted nasty comments when regular cops are arrested for DUI are now posting comments supportive of DeWitt. They want everyone to know they believe DeWitt was stressed out, made a simple mistake and his behavior and criminal actions should be excused. Oh, and they want everyone to know what a nice guy he is in spite of the fact he was driving under the influence, slammed his county owned vehicle into a vehicle driven by an innocent citizen, injured that citizen, then fled the scene and tried to hide and subsequently chose to ignore the state’s implied consent law by refusing a breath test.
Heck, even the local “news” agencies are taking great pains to stress the innocent citizen hit by the drunken DeWitt was “not seriously injured”. Several even tried to fool you into believing the truck DeWitt was driving “was registered to him” when it was actually a county vehicle.
But all those other officers who “made a simple mistake” or were “stressed out”, but didn’t injure an innocent citizen, were complete shit-heads, right? The idiocy never fails to amaze us.
Here is an interesting question - on the off chance DeWitt is convicted of DUI, will Emma’s Law require the county to place the interlock device on any county vehicle he drives?
Due to DeWitt’s refusal to comply with the implied consent law his license to drive is supposed to be suspended for six months. We asked a couple of officers about that and they laughed and laughed. Apparently, the administrative hearings at the DMV for violations of the implied consent law are basically a running joke, if not a source of frustration, for most officers.
We are sure you folks are watching to see how this develops, but we warn you not to expect too much.
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Who are you “Chief”? Are you so bitter and callous that you won’t come forward and let the public know who you are? You are not perfect or if you believe you are, maybe you need to start signing the article “God/Jesus”! He is the only one I know of as being without Sin. John 8:7
When they kept on questioning him, he straightened up and said to them, “Let any one of you
who is without sin be the first to throw a stone at her.”
John 8:9
At this, those who heard began to go away one at a time, the older ones first, until only Jesus was left, with the woman still standing there.
Sandy,
Why can “Chief” not reveal his identity? Because there are scumbags out who would do him/her harm upon that being brought to light.
You’re defending a SWORN Law Enforcement Officer who BROKE the law; hell, he could have killed someone, and HE is supposed to be the EXAMPLE. I say burn him until there is no flesh left on the bone.
You want to pull GOD into this? Really? You want to go there? Ok, LET us begin. While we should NOT judge folks, we DAMN sure are able to HOLD them accountable for their actions. Jackass DeWitt BROKE the law, INJURED people, and then ran away like a little bitch. You want to DEFEND this guy?
Please, do us all a favor and jump off the Cooper River Bridge; that would be the single kindest act you could perform for the gene pool.
Really? Committ suicide? What type of person tells another Human being to jump off the bridge? Shows a lot about your character. You are most likely the “Chief or Police hater? Which is it? http://biblehub.com/john/7-53.htm. Please take the time to read this before you judge Dewitt or make comments that show your Low IQ (low gene pool) towards others that don’t show the same opinion as you. By the way, are you too afraid to state your name as well? So, would you be the “Chief”? Again, callous!
Please. He is the Sheriff. I would think that would be the last person you would expect to be accused of crashing their vehicle into you while driving drunk and then take off leaving you injured in the middle of the street. Just sayin’. And besides the only ones that don’t believe the BCSO is corrupt are the ones in on the corruption or too disillusioned to see it.
Who are you “Chief”? Are you so bitter and callous that you won’t come forward and let the public know who you are? You are not perfect or if you believe you are, maybe you need to start signing the article “God/Jesus”! He is the only one I know of as being without Sin. John 8:7
When they kept on questioning him, he straightened up and said to them, “Let any one of you
who is without sin be the first to throw a stone at her.”
John 8:9
At this, those who heard began to go away one at a time, the older ones first, until only Jesus was left, with the woman still standing there.
Sandy,
Why can “Chief” not reveal his identity? Because there are scumbags out who would do him/her harm upon that being brought to light.
You’re defending a SWORN Law Enforcement Officer who BROKE the law; hell, he could have killed someone, and HE is supposed to be the EXAMPLE. I say burn him until there is no flesh left on the bone.
You want to pull GOD into this? Really? You want to go there? Ok, LET us begin. While we should NOT judge folks, we DAMN sure are able to HOLD them accountable for their actions. Jackass DeWitt BROKE the law, INJURED people, and then ran away like a little bitch. You want to DEFEND this guy?
Please, do us all a favor and jump off the Cooper River Bridge; that would be the single kindest act you could perform for the gene pool.
Really, what kind of Human being tells another person to jump off of a bridge and commit suicide? That comment says a lot about your character! Not to mention, the fact that you are callous and can’t state your real name. Are you the “Chief”? Are you without any sin, and yes I went there? I am not holier than thou. I have to ask for forgiveness. I am not excusing the behaviors. Yes, he needs to be held accountable if found guilty. Let the court system decide his fate. I just don’t care for the condemning and derogatory comments of a person before all circumstances are heard. The single kindest act you could do for the gene pool is to not tell other people to commit suicide if they do not agree with your thoughts and statements.
So, you must be close to Wayne since your taking up for him? Hmm interesting. Maybe you were the mystery woman in the truck with him that was never mentioned. Maybe he took one of your Klonopins, while he was driving and while you were giving him a full oral report of the days happenings he wrecked the damn thing. Maybe while your throwing stones you can read what it says in the bible in Exodus 20:17 and get back to me….
Sorry sweetie, you can deflect all you want, but you are just another thug enabler. Quote the bible all you want, everyone sees through it. You are just as bad as the criminals on this website, it is 2015. No one is falling for any of the bible shit anymore. A criminal is a criminal, with or without a badge. Lock em up!
Please. He is the Sheriff. I would think that would be the last person you would expect to be accused of crashing their vehicle into you while driving drunk and then take off leaving you injured in the middle of the street. Just sayin’. And besides the only ones that don’t believe the BCSO is corrupt are the ones in on the corruption or too disillusioned to see it.
Fuck the police
We don’t need to judge, he committed a crime, and as Sheriff for the past many years and a law enforcement officer prior to that, he knew not to drink, take drugs even if they were prescribed and climb behind the wheel of a county owned vehicle. But remember he has bailed out many employees and friends in the same situation over the past years, so he’s good at making up excuse stories and has all the resources first hand to do it. But in reality the biggest crime is leaving a scene of an accident with injuries, he knew better no excuses, unless his passenger wasn’t suppose to be with him. Thank God he didn’t kill someone, he didn’t even care enough to call 911 for the injured. The bottom line is that he is not above the law and should be suspended maybe with pay until fully investigated with all charges either dropped or prosecuted, just like all his employees. Please don’t use Jesus to hide behind, you know like the false prophet speaking with a forked tongue. If you want to bring in Jesus, use His character and Dewitt should admit his guilt and take full blame and remove his self from office, then we as citizens and of faith will start the forgiveness process. Right know is a time to pray for his family. If think he’s such a great person maybe you don’t really know the other side of him, you know the side he really lives. I sure hope that he realizes taking an oath is serious. Chief doesn’t need to reveal his self and definitely doesn’t hide his self he just reports what’s true and not what has been edited by the other news sources. Remember one thing if you are put in the same situation you could always ask for the Dewitt Treatment or just don’t Dew itt!
Sandy your an idiot, we have laws in this state and country that have to be followed by everyone, especially by those that have sworn to execute those laws. I am a Christian and I also know the bible commands us to follow the laws of the land. If we used your logic we would never convict anyone of any crime, I wonder how you would like your Utopian world then?
Get the fuck on out of here with your Bible-thumping ways. I bet you need an umbrella when you go out in the rain or you’d drown as your nose is awful high in the air!
The man is guilty as sin itself! He’s a liar, a cheater, and a drunk. Bet you voted for that no-good SOB too!
Sandy
The next time the sheriff sends out a team to do a DUI checkpoint should he tell them the same nonsense you are spouting? This man was sworn to uphold the law, DUI aside leaving the scene with physical injuries calls into question his moral turpitude which means if he has any integrity he must step down and move on. Maybe he can get a job with Ford bragging about how their trucks still run after rear ending someone. GTFO
Sandy
The next time the sheriff sends out a team to do a DUI checkpoint should he tell them the same nonsense you are spouting? This man was sworn to uphold the law, DUI aside leaving the scene with physical injuries calls into question his moral turpitude which means if he has any integrity he must step down and move on. Maybe he can get a job with Ford bragging about how their trucks still run after rear ending someone. GTFO
Bravo!
Hey Sandy, Have you been riding in pickup trucks in the wee hours of the morning? Chief is just putting the info out there…..
Hey Sandy, Have you been riding in pickup trucks in the wee hours of the morning? Chief is just putting the info out there…..
I really wish that Governor Haley will step in and ask for his removal. She can do this and it would really do the citizens of Berkeley county a service.
Someone didn’t read the whole post.
Let me save us all some time and reveal the resolution of this case:
1. Charleston’s finest defense lawyers line up to represent the Sheriff… pro bono of course.
2. Doctor(s) back date prescription drugs for Dewitt.
3. DUI can’t be proven as he took no Breathalyzer.
4. Hit & Run and Leaving the Scene are explained away by the Prescriptions the Sheriff was allegedly on at the time. (sleeping aids, pain killers, etc)
5. Slap on the wrist for driving County vehicle while not on official business.
Nothing to see here, folks. Move along.
If that were the case he would still be under the influence.
How do you know he’s not… or that he ever was?
I take issue with number 2. If a Doctor back dates a script, no Pharmacy around BC would back date and fill that script, it would be current. So that debunks number 4 as well. Just saying
Sandy
What does the bible say about leaving an injured party behind and fleeing like a rodent!! This is going to cost the taxpayers of Berkley County a fortune in fact they may have to change the name to bankrupt county. This guy has got to go ASAP how can he now send someone out to enforce DUI laws. The man needs to retire go to AA or some other 12 step program, it is clear the stress of his job is too much for him to handle GTFO!!!
I went to High School with Wayne Dewitt. The person I saw in the mug shot and the person I knew then are two completely different people. My relatives who live in Berkely County are appalled that he has let himself degregate to this position. He even spoke at their church. As for the lady who referred to the story of my Jesus and the so called prostitute, and how only Jesus could judge sinners; please don’t compare anything Wayne Dewitt has done for or to Berkeley County with Jesus christ. That’s Blasphemy. As for the good people of Berkely County, may God bless you. The former Sherriff of the county I live in went to Prison, after being convicted of numerous federal crimes. The lost trust is hard to deal with!
Blasphemy indeed! Thank you for bringing that up! 100% in agreement!
AL Cannon WAS ARRESTED AND WENT TO Jail. He was not arrested by the Coroner. What the hell
Ephesians 5:11 states “Take no part in the worthless deeds of evil and darkness, instead, expose them.” Isn’t this what the police are supposed to do? When they don’t, it is a Christians courageous responsibility to expose same to “light”. “For the light makes everything visible”. I, hereby challenge all masons in search of the light to espouse the limits of their authority and influence to shed same, as opposed to toss dark technicalities and convenient loopholes over this clearcut conflict of interest based legal trespass by an elected official.
Sandy- don’t forget a few others from that good book. Do unto other’s…. Don’t think my pastor condon’s alcohol abuse, much less getting behind the wheel of a 2+ ton truck(weapon)…… Would Jesus have left another person in need behind, much less if caused by his own actions….. I could go on but what for, you already know you spoke out of both ends! We all make mistake/sin but the real test of your faith is when a person is able to honestly admit his/her faults, honestly have remorse for what we have done and the willingness to accept the consequences of our actions. I have never met DeWitt nor care to but he is an embarrasssment to the people he was elected to serve and those who protect and serve with dignity and honor! Stepping down immediately would have been a decent first step but I have a sneaky suspicion these charges would have been minor compared to what was covered up during the time he “continued to serve as he was elected to”. Don’t just read the bible, live it!
I really wish that Governor Haley will step in and ask for his removal. She can do this and it would really do the citizens of Berkeley county a service.
Let me save us all some time and reveal the resolution of this case:
1. Charleston’s finest defense lawyers line up to represent the Sheriff… pro bono of course.
2. Doctor(s) back date prescription drugs for Dewitt.
3. DUI can’t be proven as he took no Breathalyzer.
4. Hit & Run and Leaving the Scene are explained away by the Prescriptions the Sheriff was allegedly on at the time. (sleeping aids, pain killers, etc)
5. Slap on the wrist for driving County vehicle while not on official business.
Nothing to see here, folks. Move along.