Councilman still serving despite guilty plea in tax case

Wymond Wilkins is still serving on Wellford's city council after pleading guilty to felony tax evasion.

Governor's office spokesman Will Folks said state law requires elected officials to forfeit their position if they have been found guilty of a crime of moral turpitude.

"In this instance, it is an automatic forfeiture of the office," Folks said.

Last week, Wilkins pleaded guilty to three counts of willfully filing a false income tax return.

Tuesday, Wilkins took part in Wellford's monthly city council meeting, offering the invocation and participating in votes.

According to a governor's office spokesman, Wilkins should no longer be in office because of the guilty pleas, although Wellford's attorney said he is not sure how the pleas affect Wilkins' standing.

The tax charges are related to Wilkins' failure to report some of the income he earned between 1998 and 2001, according to the S.C. Attorney General's Office, which prosecuted the case.

During those years, Wilkins reported his income from his job at Springs Industries, but he did not report the money he earned as a pastor at Flint Hill Baptist

Church near Whitmire, the Attorney General's office said.

The total amount of back taxes owed for that period was $2,661.

Judge J. Mark Hayes sentenced Wilkins to six months imprisonment, suspended to time served, and six months' probation on each of the three counts, to be served concurrently. Wilkins has the option of paying a $1,000 fine by Aug. 24 in order to avoid probation.

Also as part of the plea agreement, Wilkins will continue to repay the taxes he owes. When he was sentenced, Wilkins had already repaid $1,544 of that amount.

Wellford's attorney, who did not know of Wilkins' guilty pleas until notified by a reporter Tuesday, said he was not sure what this meant for Wilkins as a public official.

"I don't know how this affects his status," said Mike Duncan.

"I'll have to research it and talk with the mayor and see what we find out."

Wilkins did not want to talk about his guilty pleas or his continued participation on council.

"I can't comment on it," he said after the council meeting.

Neither would he say if he plans to continue attending city council meetings.

"Talk to the city attorney -- that's all I'm going to say on that matter," Wilkins said.

Complicating the matter is the fact that Wilkins' term of office officially expired last summer.

In June, Wilkins lost his bid for re-election to challenger Barry Ward.

But shortly after the election, defeated mayoral candidate Hubert Odom and defeated council candidate Jeff Bowers filed suit against the city challenging the election's results.

Since then, Wilkins has continued to hold office as a regular council member.

Duncan said that, according to state law, Ward cannot be sworn in until the dispute is resolved, and it could be months before the case goes to trial.

"It's really just in limbo," Duncan said of Odom's and Bowers' suit.

Susan Orr can be reached at 877-3225, 574-5980 or susan.orr@shj.com.

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