South Carolina Injury Lawyer Blog

Back in March of 2011 your Charleston, SC lawyers at Howell and Christmas, LLC posted a blog entry concerning a sexual assault on an elderly woman living in a Mt. Pleasant hospice. A week ago last Thursday the 56-year-old alleged attacker was convicted of raping the elderly woman, found guilty (but mentally ill) of first-degree criminal sexual conduct, and subsequently sentenced to 30 years in prison. According to a Local News Report, the solicitor for the Ninth Judicial Circuit actively sought the maximum imposed sentence upon the defendant, but disclosed that a 30-year prison sentence for the 56-year-old man is likely to serve as a life sentence.

The attack occurred in the early morning hours of February 12, 2011, when the then 54-year-old man entered an unlocked door at a Mt. Pleasant hospice, walked across the corridor to the victim's room, and proceeded to sexually assault the then 86-year-old patient. It was not until a nurse reportedly heard a scream that the attacked was discovered in the facility atop the hospice resident. Reportedly, in a statement given to authorities, the man imparted that he peered into one of the facility's windows before finding an entrance.

According to authorities, the convicted attacker was a homeless man with an extensive criminal history; including an 1982 arrested on charges of committing a lewd and lascivious act, and an 1987 arrest for buggery, which is a term adopted from British English and close in meaning to sodomy. As a criminal charge in South Carolina, it is classified under "Offenses Against Morality and Decency."

In connection with the instant case, the convicted attacker was also charged with trespassing, criminal domestic violence, petty larceny, possession of cocaine and meth, and public disorderly conduct. As mentioned, the man was determined to be mentally ill, but the presiding judge ruled him competent to stand trial after hearing from two psychiatrists. Mental competency may have become an issue once the attacker decided to waive his right to a jury trial, and, generally, the first question asked by the presiding court is, "Was the waiver given voluntarily?"

Continue reading "Update of Previous Entry Concerning a Sexual Assault at a Mt. Pleasant Hospice; Assailant Receives 30-Year Prison Sentence" »

Your Charleston personal injury attorneys read yesterday that the Mid-Town Atlanta dental practice that employed a nurse anesthetist sentenced to life plus 25 years in prison for sexually assaulting sedated and unconscious patients now faces a pair of civil lawsuits. According to the Atlanta Journal-Constitution, the suits were filed by the parents of a 15-year-old girl and the other by an adult patient. The suits, filed in Fulton County state court, assert that the sexual assaults could have been prevented if the anesthetist had not been left alone with the patients and if the dental practice had taken proper steps to ensure the patients' safety while they were sedated. Further, the suits state the patients faced "an unreasonable risk" of harm.

According to the minor's suit, she arrived at the Marietta dental practice on July 29, 2009 for extensive surgery, left alone with the anesthetist and administered anesthesia, rendering her "unconscious, defenseless and completely dependent" on the anesthetist behind closed doors. The suit states the anesthetist lifted the minor's clothing and proceeded to record himself sexually assaulting the teen in her incapacitated state. Also according to the lawsuit, the 15-year-old, since the 2009 attack, "has suffered, and will continue to suffer for the rest of her life, physical and emotional injuries." Just three months earlier a similar such attack occurred at the same Marietta dental practice, according to the second lawsuit. The above-mentioned adult patient was awaiting surgery on April 29, 2009, and, again, was sedated, assaulted and videotaped while unconscious in the anesthetist's care.

Four months after the sexual assault on the teen (November 18, 2009), the anesthetist was arrested after a female visiting the dental practice discovered the anesthetist's cell phone attached beneath the bathroom sink with the phone's camera directed at the commode. Upon the phone's finding, police searched the device and found multiple images of women in the restroom. During his criminal trial, prosecutors described the anesthetist as a serial pervert who assaulted a total of 19 patients, including one during childbirth. To note, the anesthetist also worked at a Cobb Hospital. In addition, secret videotapes were discovered by authorities of women in the bathroom of his Marietta home. In an April 2011 bench trial, the anesthetist was found guilty on 34 charges that included sexual assault of a person in custody, aggravated sodomy, aggravated child molestation, and unlawful surveillance. In November he was sentenced to the aforementioned prison term and will not be eligible for parole for 55 years. Also at the bench trial, the anesthetist's criminal defense attorneys, at the request of their client, offered no defense and called no witnesses.

Continue reading "Dental Practice Faces Civil Suits Related to Former Employee's Sexual Assaults on Sedated Patients" »

Escorted from the airport two days in a row for erratic and highly disruptive public behavior, a young woman was taken into custody on the second day for her actions. At the time she was 21 and in college, and had been involved in a serious auto accident the previous year, which either caused or exacerbated an existing mental condition--bipolar disorder. Upon being arrested, the young woman's mental state was called into question. Despite having spoken to the young woman's stepfather and mother by phone, both of which disclosed her psychiatric illness, the arresting officer and other state agents deemed her behavior unrelated to a diagnosed mental condition. Rather, most officers and other state actors felt she was either a) under the influence of drugs or b) simply disgruntled and difficult because of her being taken into custody.

The young woman was released from custody on a personal recognizance bond, after displaying some rather disturbing behavior. She was released into the early evening; near a public-housing project with an exceptionally high crime rate, without having her cellphone returned to her; she was dressed in a cutoff top with a bare midriff, short shorts, and boots; and she is a well off white woman while the immediate population is predominately black and not affluent. Thus, the young woman obviously stood out as unfamiliar with the surrounding environment, making her a potential target for crime. To boot, she was released into a neighborhood with many abandoned apartment buildings waiting to be demolished. Vacant apartments, like vacant buildings, render an area more dangerous as they are known to provide a haven for criminals, and, therefore, criminal activity.

While free in this particular downtrodden neighborhood the young woman came into contact with a group of 15-20 individuals. Several young men led her into an uninhabited apartment building a few blocks from the police station she was released. Court records state that the young woman was made aware of her precarious and unsafe situation by the group, and suggested she should leave. The young woman, however, was too confused to act on that advice. Five hours removed from police custody, a man forced the group from the apartment, and raped the young woman at knifepoint. In an effort to escape, or in a further act of assault, the young woman left the apartment through a window; seven stories above the ground below. She may have jumped. She may have been pushed or thrown. Although she survived the sexual abuse and overall horrific experience, she cannot say exactly what happened as she suffered a traumatic brain injury from the fall, permanently reducing her brain function to that of a child.

Continue reading "Facts of a Thought Provoking Case Outlined and NFL Team Pays Tribute to Inspirational Former Player" »

Thanks to the Post and Courier, the South's Oldest Daily Newspaper, your Charleston personal injury lawyers have been made aware that April is National Sexual Assault Awareness Month. And in an effort to educate, prevent, and treat victims of sexual assault, officials with the South Carolina Coalition Against Domestic Violence and Sexual Assault held a press conference yesterday morning to talk about the offerings at sexual assault centers across the Palmetto State. The press conference was held at the South Carolina Statehouse in Columbia.

In other South Carolina news, an 84-year-old Charleston man has been charged with felony driving under the influence (DUI) after his Saturn Vue struck a stopped motorcycle in West Ashley. The 29-year-old motorcyclist suffered serious bodily harm in the accident, thus warranting the felony DUI charge against the elderly driver of the SUV. According to reports, the auto accident occurred around 11:00 p.m. at the intersection of the Glenn McConnell Parkway and Magwood Drive. Reportedly, the elderly driver had a green arrow to travel northbound on the Parkway from Magwood, but turned southbound into oncoming traffic, hitting the parked 29-year-old on his Honda motorcycle. He was transported to Medical University Hospital with several pelvic fractures and in serious condition. The elderly man, according to the incident report, was uninjured in the drunk driving accident with a blood-alcohol level of 0.13. He is currently jailed at the Charleston County Detention Center.

Yesterday evening, while directing evening traffic on Folly Road near Grimball Road, one of Charleston's Finest was struck by a sport utility vehicle (SUV). Miraculously, the deputy sheriff was taken to Medical University Hospital with non-life-threatening injuries. Your Charleston personal injury attorney uses "miraculously" because one witness to the accident noted the high speed of the SUV and that the impact sounded like two vehicles had collided. According to reports, the accident is still under investigation and possible charges against the driver had not been disclosed.

Continue reading "Around Charleston and Across the Palmetto State" »

Your South Carolina car accident attorneys read an interesting article in yesterday's Post and Courier that discusses an alleged illegal sex trade in North Charleston. After weeks of alleged force enslavement and months under federal supervision a 20-year-old immigrant from just outside Mexico City will soon be able to return home because authorities no longer her to testify against a North Charleston woman arrested in connection with a suspected human trafficking case. The reason the immigrant woman is longer needed to testify is because the 28-year-old North Charleston woman, also originally from Mexico, plead guilty to one of the four charges against her.

The 28-year-old woman admitted in federal court, on Tuesday, to harboring an illegal immigrant. However, she did not admit to receiving any financial gain from concealing the 20-year-old. She faces a maximum sentence of five years in prison, a $250,00 fine, and three years of supervised release. If she had admitted to receiving financial gain from the illegal immigrant, she could have faced twice the amount of time in prison. Her sentencing hearing has yet to be determined.

For admitting to the harboring an illegal immigrant charge, prosecutors will dismiss the charges of importing an alien for an immoral purpose, bringing in and harboring aliens, transporting for prostitution, and failing to file a factual statement about an alien. Each of these charges carries a maximum prison sentence of 10 years, 3 years of supervised release, and a $250,000 fine.

Continue reading "Illegal Mexican Immigrant Harbored in North Charleston, Captor Accepts Plea Deal and Immigrant Allowed to Return Home" »

On the early morning of February 12th, allegedly, a homeless man entered an unlocked door of Gentiva Health Services, a Mt. Pleasant hospice, walked across the hall, into an 86-year-old woman’s room, and sexually assaulted her. After hearing a scream, a nurse rushed to the room and found the homeless man atop the helpless hospice resident.

Since the attack, the victim’s daughter filed a suit in federal district court in Charleston, contending the hospice failed to provide “reasonable and necessary security.” The suit accuses the hospice’s operators of negligence after the aforementioned attacker gained unchallenged entry into the facility and eventually to the dying woman’s room. The suit seeks unspecified actual and punitive damages.

Charleston nursing home neglect attorneys know the residents and families of residents in hospice facilities are dependent on the caregivers in that setting to provide quality care. When nurses, nurses' aids, doctors, or administrators in a nursing home fail to care for residents' well-being in a manner consistent with standards applicable to that setting, the result may be pain and suffering, or even wrongful death.

Continue reading "Elderly Woman’s Daughter Files Negligence Suit Against Mt. Pleasant Hospice" »

Charleston child sexual abuse attorneys recently learned that a South Carolina charter school teacher was arrested and charged with having sex with a 15-year-old student high school student. The teacher allegedly had sex with his 15-year-old student in a wooded area near the school’s premises on March 20, 2010.

The teacher taught business and computer skills at Calhoun Falls Charter School. He was charged with criminal sexual conduct with a minor and preforming a lewd act on a minor. He was arrested and charged after one of the young girl’s family members allegedly found conversations between him and the child. After discovering the conversations, the family member contacted police. Police investigated the conversations and then made the arrest.

The teacher is currently on administrative leave from Calhoun Falls Charter School while he awaits trial in Abbeville County’s jail. The young girl’s name has not been released in order to protect her privacy.

Source: The Post and Courier- “Charter school teacher arrested.” April 1, 2010.

South Carolina child injury and death lawyers would like to remind parents to talk to their children about appropriate and inappropriate interactions with adults and school staff. A new charge was brought the janitor formerly employed by Harleyville-Ridgeville Elementary School janitor.

The janitor was accused of writing a three-page love letter to an 11 year old female student. January 7, he was charged with delinquency of a minor after authorities investigated allegations of a love letter given to a female student. He is currently in Dorchester Country Detention Center being held without bail.

The new charge the janitor faces is first degree criminal sexual conduct with a minor, after allegations were made that he had sexual conduct with the same 11 year old female student. The alleged sexual conduct is reported to have taken place before the janitor wrote the three-page love letter. Dorchester County School District 4 spokeswoman said that Williams is no longer an employee of the school district.

Source: The Post and Courier- “Ex-janitor charged with sex crime.” March 5, 2010.

South Carolina sexual abuse attorneys want to warn locals about an alleged fondling case that occurred on a lowcountry bus. Gerald Limehouse, an employee of transportation company Tri-County Link, was charged with third-degree criminal sexual conduct. According to the records of the Dorchester County Sherrifs office, Limehouse was arrested on Wednesday, February 17, 2010.

The sexually assaulted a South Carolina woman, whose identity has not been revealed, is a 26-year old woman who took the Limehouse’s route home daily from the adult day center she frequented. The woman’s family said that she is “mentally challenged,” and they knew that something was wrong when she told them that the bus driver and her had a “secret.”

Limehouse was arraigned and has been released after posting $100,000 in bail on Friday, February 19, 2010. Parents told authorities that their daughter told them that her and the bus driver had a special route. She then told them that Limehouse had kissed her and fondled her multiple times in the early weeks of this February. Tri-County Link has not yet released a statement and cannot be reached for comments.

Source: The Post and Courier- “Bus driver accused in fondling case.” February 23, 2010.

South Carolina sexual abuse lawyers want you to know that Circuit Judge Roger Young showed now mercy during Robert Brooks sentencing. Brooks was arrested in September 2008, on a third-degree criminal sexual assault charge. The North Charleston native had sex with the woman 2008 and went unreported for some time, until the victim told a staff member of the group home she was residing in about the assault.

The twist in the story is the most disheartening of all. The woman had an IQ of 48; therefore, she is legally unable to consent to having sex. Assistant Solicitor Tyler Whitacker explained that cases like this normally go unreported because the victims have a hard time articulating what occurred and many times do not have the ability to put into words details to incriminate their attacker.

Typically when the accused pleads guilty to a charge they receive a break in their sentencing. Not in this case. Brooks pled guilty to the third-degree criminal sexual conduct charge but did not receive a break. He was sentenced to ten years in jail. Brooks record is also tarnished with a lewd act against a minor in 1995. In ten years from now when Brooks is released he will undergo examination under the Sexually Violent Predators Act, which will determine if he is fit to be released back into society.

Source: The Post and Courier- “Man Pleads Guilty in Sex Crimes Case.” January 17, 2010.

South Carolina sexual assault lawyers know that every parent’s worst nightmare is that their child will be hurt by a sexual predator. Unfortunately, we all too often hear about children being mistreated or abused by strangers, caretakers, and even family friends. Child sexual abuse is especially appalling because of the serious long-term effects it can have on a child’s physical and mental health.

A school janitor was recently charged in connection with a sexual assault that took place at the Community House Middle School in North Carolina. Police arrested 63-year-old Christopher Gordon and charged him with sexual misdemeanor battery. The victim is a 12-year-old student.

Gordon was hired by the school in October of 2005 and was later promoted to head custodian of the school in January of 2007.

Gordon has been suspended without pay until he will be back in court on December 11, 2009. This is the third time this school year that an employee in North Carolina’s Charlotte-Mecklenberg School District has been charged with sexual assault.

Source: Live 5 News-“School janitor facing sex assault charge”- October 13, 2009.