Latest news with #DuffieStone
Yahoo
23-05-2025
- Politics
- Yahoo
SC Solicitor pushing for gang statute, RICO law to fight crime
BEAUFORT COUNTY, SC (WSAV) – A push for tougher penalties to fight gang violence is gaining momentum in South Carolina. Local prosecutors said what they have now isn't enough to stop organized crime which is why they said a new law could help keep communities safer. 'Take out the organization that that allows the fentanyl to get on the streets to begin with,' 14th Circuit Solicitor Duffie Stone said. 'That's an essential tool that prosecutors in South Carolina need.' And a tool that 14th Circuit Solicitor Duffie Stone said he and other prosecutors have been asking for, for three years. 'We have a statute basically now that no one uses,' Stone said. 'Which is a five-year felony, for either enticing somebody to join a gang or trying to keep them from leaving a gang. And I don't know that anyone's ever prosecuted anybody for that. The penalty is not stiff enough for it to make any difference. And the second thing is that no one's going to testify that they were forced into a gang.' What Stone wants is a RICO or Racketeer Influenced and Corrupt Organizations law. Something 33 other states, including Georgia, already have in place. 'It began as a federal law to go after organized crime and arrest people for big conspiracies, but it was written much broader than that,' Eric Segall, Georgia State Professor, chair of College of Law said. Officially, it provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. In broad terms, the statute would allow prosecutors to connect suspects to each other and to their crimes. A group of three or more can be a 'gang' and face an additional charge and up to 20 more years behind bars. It's a statute that Stone's office is already preparing for. 'We now have an investigator, a prosecutor and an intelligence analyst focused on nothing but gang members in our in our office,' Stone said. 'We did that several months ago. And we are collecting data now to determine how many individual gang members we have. I see gangs operate from Jasper County into Buford County and vice versa Collison County into Hampton County. It already has exceeded over 100 gang members in the 14th circuit.' 'Every time you hear about a drive by shooting, generally speaking, that is a that's gang activity, whether it's drive by into a car, into a house, into a crowd of people, it almost always is three or more people getting together to maybe retaliate against people who had shot at them or something like that.' 'By definition, if you choose to be a gang member, you're probably a career criminal. So, part of our intelligence is determining who those people are and making sure that that we treat them accordingly.' Stone said the SC General Assembly currently has three versions of potential gang or RICO statutes waiting for debate. He said they hoped they will bring them to the floor and pass them next session. 'They're very good bills. I've seen all three of them, and they're very they're very good,' Stone said. 'But they're going to have to pass it for us to be able to use it. Prosecutors throughout South Carolina have been pushing for this for a number of years, and the people in this District or in the Circuit would see the difference almost immediately. I think a lot of I know cases that I would be able to use that statute on now.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
21-05-2025
- Yahoo
12 Solicitors say new Fentanyl Homicide law will not be effective
BEAUFORT COUNTY, S.C. (WSAV) – It's a new law that is supposed to help fight the rising problems connected to fentanyl – but some prosecutors say its flawed, and they won't be able to use it. Senate Bill 156, the Fentanyl-Induced Homicide Act, establishes a new felony offense for individuals who unlawfully distribute fentanyl or fentanyl-related substances that result in another person's death. S.156: Distributors of fentanyl or related substances can be charged with fentanyl-induced homicide if the substance causes a death Convictions carry penalties of up to 30 years in prison Defendants cannot argue that the victim's consent or ingestion absolves responsibility, except in narrow cases of suicide backed by clear evidence 'Today, South Carolina sends a loud and clear message: if you deal fentanyl and it kills someone, you will be held fully accountable,' said Attorney General Alan Wilson. 'This legislation gives prosecutors a powerful new tool to go after the dealers who knowingly poison our communities. I've spent years fighting this drug crisis, and with S.156, we are raising the stakes for those driving fentanyl deaths.' 'I know what the practical effect of this statute is going to be and it's nothing other than raising the hopes of people who have lost loved ones to this poison,' 14th Circuit Solicitor Duffie Stone explained. That's how 14th Circuit Solicitor Duffie Stone feels about the bill now sitting on the governor's desk. It says that 'the person who knowingly provides fentanyl commits the felony offense of fentanyl-induced homicide.' While the charge sounds severe, Stone says one word makes this law nearly impossible to prosecute. 'I've heard from mothers and fathers who have lost children to this poison, and they will be quick to tell you that their son or daughter did not overdose on fentanyl, said Stone. 'They didn't know they were taking fentanyl to begin with. 'What the word knowingly in this statute does is it allows the dealer or the person who provided the fentanyl to the deceased person to say, I didn't know it was fentanyl, Stone said. 'Even to the extent of being able to say I thought I was giving them heroin. I thought I thought I was giving them cocaine. That's a defense now.' 'It is a legitimate defense to the statute, because the statute requires prosecutors to prove that the person who gave the deceased, the fentanyl, knew it was fentanyl.' Stone isn't alone in his feelings. He and 11 other solicitors from around the state sent a letter to the Governor saying this law is not the game changer some are touting it to be. 'You are raising the hopes of people who have lost children, brothers, relatives to fentanyl,' Stone said. 'That you're going to be able to hold the person that gave them their son or their daughter the fentanyl, accountable and you're not that's raising false hopes. And that's a that's a tragedy in itself.' 'The prosecutors of South Carolina, they're going to be the people that have to tell the victims that despite everyone saying this is the end all, be all, and it's going to actually stop the fentanyl trade that it's not.' 'Will you use the statute?''I doubt it. I don't think anybody is going to use the statute. Stone hopes the Solicitors' letter can be the start of a discussion about better ways to prosecute these crimes for prosecutors and the families of victims. The bill was passed by both the Senate and House and is waiting for Governor Henry McMaster's signature. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
08-03-2025
- Business
- Yahoo
Solicitor requests budget hike to speed up slow justice system
BEAUFORT, S.C. (WSAV) — The 14th Circuit Solicitor's Office is asking Beaufort County to double its budget next year. While it seems to be a significant change, Solicitor Duffie Stone told WSAV that it could be a game changer for the area and the court system. 'You have to have the resources to carry out the process. and we have about half of the resources we need to finish the job,' said Stone. Solicitor Duffie Stone's job is to protect victims and prosecute criminals but that process has been slow since before the COVID Pandemic. The office currently has more than 3,800 active cases, the majority of which are nearly two years old. That's why he is asking Beaufort County Council for $1.7 million dollars more in the next budget. The money goes to hiring more lawyers and getting the system moving faster. 'I want one day to be able to stand in front of the jury and say, ladies and gentlemen, I'm going to tell you what happened several months ago instead of what happened two years ago,' said Stone. That's why he is asking Beaufort County Council for $1.7 million dollars more in the next budget. The money will go to hiring more lawyers and getting the system moving faster. 'It's not unusual at all for prosecutors to be carrying a caseload of three, four and 500 cases apiece.' Stone instituted a system for the cases coming into his office that works. 70% of those cases have been cleared within a year. To knock down that backlog, more people are needed and more money to keep the attorneys in place who know how to prosecute those cases. 'You've got to give them a living salary, a salary that allows them to raise a family and send kids to college. number two, to give them a job in which it's fulfilling,' Stone said. 'It's something that's important that they enjoy but in which they are not overwhelmed.' Beaufort County has appropriated $5 less than the state average per case. Stone says the money he is asking for would go directly to public defenders and prosecutors directly to trying to clear cases. 'This is an opportunity for us to create an efficient process and a court system in which victims have a speedy trial or speedy disposition of their case,' said Stone. 'I think victims deserve that.' Jasper County has already listened to the solicitor's request and increased their cost per warrant, and the Colleton County Council is expected to do the same in the next few weeks. The Beaufort County Council is debating all budget requests now and the public should know more early next month. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
