By Charles D. Perry · The Herald - Updated
07/22/06 - 12:40 AM
Gov. Mark
Sanford suspended York County Coroner Doug McKown on Friday
afternoon, a day after a grand jury indicted McKown on three drug
charges.
Sanford spokes- man Joel Sawyer said the governor's office will
now begin searching for an interim coroner, but he had no timetable
for that process.
The suspension means McKown will not be paid until the charges
are resolved. If McKown is convicted, his office will be vacated and
the governor will appoint someone to fill the position. If he is
acquitted, he'll resume his job. McKown placed himself on paid
administrative leave in mid-May, pending the outcome of the case.
On Thursday, a grand jury indicted McKown on charges of
distribution of a controlled substance, unlawful possession of a
controlled substance and unlawful possession of a prescription drug.
The indictments stem from an early May incident in which police say
they have a video that shows McKown watching as his girlfriend makes
a drug deal in York. McKown and his girlfriend, Erin Jenkins, both
turned themselves in to authorities May 17 after being charged in
connection with the drug deal.
The deal led to a search warrant, which was executed at McKown's
Clover house and yielded other drugs and prescription medication,
police said. On July 11, a York County magistrate ruled that he
would not release the search warrant, saying the document's
immediate release could hinder McKown's right to a fair trial. The
Herald had requested the document, and Editor Terry Plumb said
Friday that the newspaper will appeal the magistrate's decision.
Until the governor appoints an interim coroner, it appears Chief
Deputy Coroner David Chambers will run the office. Chambers has
overseen the day-to-day operations since McKown placed himself on
administrative leave.
Under state law, both a chief deputy coroner and a magistrate
have the authority to perform the duties of the office in the
coroner's absence, said Mark Plowden, a spokesman for Attorney
General Henry McMaster. Plowden said the attorney general's office
would recommend that the chief deputy continue that work.
"That's just plain common sense," he said.
County Manager Al Greene said he had not received any information
indicating that Chambers' status had changed.
McKown's attorney, Jack Swerling, was unavailable for comment.
However, Kris Hines, a lawyer in Swerling's firm, issued a brief
statement:
"The interim suspension, based on the indictment, is premature,"
she said. "The indictment contains only allegations. Mr. McKown
intends to plead not guilty and should be presumed innocent until
found guilty in a court of law."
Hines said it was too early to talk about any possible deals with
prosecutors. Plowden also said he couldn't comment on any
negotiations.
Attorney Jim Morton, who represents Jenkins, said she had applied
for the county's drug treatment court, which offers some nonviolent
offenders a chance to have charges dismissed if they complete a
course of counseling, drug treatment and drug testing.
Jenkins' charges include distribution of cocaine, conspiracy to
distribute cocaine, distribution of cocaine within proximity of a
school, possession of cocaine and possession of Ecstasy. She was not
indicted Thursday, and Morton said no deal had been reached with
prosecutors.
Lack of indictment Indication of prosecution's focus
Kenneth Gaines, a University of South Carolina law professor,
said the fact that Jenkins wasn't indicted could be a sign of where
the prosecution is focusing.
Gaines said that when more than one person is charged in the same
crime, prosecutors often try to get one person to testify against
another in exchange for some kind of deal.
"Whoever spills their guts first gets the better break," he said.
Gaines also said prosecutors frequently try to get lesser known
people to turn on their celebrity co-defendants. In this case, he
believes the prosecution is focusing on McKown.
"That's kind of the philosophy," he said, "going after the big
fish."
When reached by phone Friday evening, McKown had little to say.
"Nothing can be said," McKown said. "It's all pretty much done
now. ... It's what you call losing it all in one shot."