Judge resigns post

Magistrate had been suspended from office

December 16, 2006

By RICHARD WHITING
Executive news editor

Click here for Joe Cantrell's resignation statement.

Joe C. Cantrell won’t be returning to the bench to preside over magistrate’s court in Greenwood County.
Cantrell, who had been on interim suspension from the office since May, submitted a letter of resignation Friday to Gov. Mark Sanford.
In late November, Cantrell’s judicial career was further sidelined when the state Supreme Court’s Office of Disciplinary Counsel issued an opinion suspending him from judicial duties in connection with misconduct in office.
The opinion, filed Nov. 20, prohibited Cantrell from returning to the judicial office for a year, without pay.
Cantrell’s previous interim suspension, handed down by state Supreme Court Chief Justice Jean Toal, followed an investigation by the Greenwood County Sheriff’s Office into missing money from the magistrate’s office.
Part-time magistrate Lisa Cain and office clerk Toni Cole were arrested during that investigation and charged in connection with the missing funds. Neither woman’s case has been heard in court.
In a lengthy written statement, issued through his attorney Rauch Wise, Cantrell outlined his reasons for resigning and not seeking reappointment to the bench.
“My resignation is regretful, but I feel under the circumstances, necessary. This decision has been brought about, after long consideration, for two reasons,” he wrote.
“First, my plan had been to retire in the next several years. To wait out my suspension and then resume my duties for one or two years would be unduly disruptive to the office. I do not feel that any personal considerations I may have should cause such disruption and uncertainty.
“Second, the allegations made against me by some members of the sheriff’s department that resulted in my temporary suspension last May, contained written statements and innuendo that were both false and misleading. Detectives with the Greenwood County Sheriff’s office made statements to the Office of Disciplinary Counsel that implied I had obstructed justice in the investigation. These statements have been proven false. These statements were not part of the findings by the South Carolina Supreme Court.
“After reading some of the statements about me made by detectives of the Greenwood County Sheriff’s department, I question my ability to be objective in matters dealing with some members of the sheriff’s department. As objectivity is the hallmark of a judge, this is another consideration I have used in deciding to resign now.”
Sheriff Dan Wideman had little comment when told of Cantrell’s resignation and the claims made in his issued statement.
“It would be grossly improper for me as the sheriff of Greenwood County to comment in any way upon the actions of this state’s Supreme Court,” Wideman said.
“I authorized the criminal investigation into the Magistrate’s Office only because I am tasked with protecting our citizens’ money. We forwarded those results to Columbia, where state investigators continued the inquiry. Both a disciplinary board and the Supreme Court itself reviewed them and took the actions they deemed appropriate.
“Anyone who needs information regarding the actions of those bodies direct their questions there.”
In his statement, Cantrell further wrote:
“At no time have I ever obstructed any investigation by the Greenwood Sheriff’s Department. During the investigation I cooperated with the officers and answered all relevant questions. The allegations of any employee being under the influence while at work are simply not true. The money that was taken from the office was done by a trusted employee.
“By failing to exercise enough oversight, I gave a good person the opportunity to go wrong. My hope is that either magistrates will be fully trained in handling of financial matters or a system is implemented that relieves the magistrate’s office from responsibility for financial matters.
“Magistrates are not hired for their accounting expertise.”
The full content of the letter can be seen here.
In November, when the year’s suspension order was handed down, Wise told The Index-Journal that “basically, what the order says is that they (the ODC) reprimanded Joe for not properly supervising his employees.”
“I would emphasize that at no time does the ruling ever say that he was involved in any way in the covering up of any wrongdoing or the participation in wrongdoing,” Wise said.

Background of case
Cantrell was appointed as part-time magistrate in 1981, becoming a full-time magistrate and chief magistrate in 1989.
His appointment was made by a legislative delegation, which includes S.C. Sen. John Drummond.
According to the ODC opinion, until about January 2005, the Greenwood County Magistrate Court deposit was taken directly to the bank, but the procedure was changed at the request or suggestion of county officials or agencies. After the change, deposits from various county agencies, including the magistrate court, were taken to the Greenwood County Treasurer’s Office, which was given responsibility for the deposits.
The daily deposit for criminal, civil and traffic courts was compiled at the end of each day and placed in a safe, and the deposit would be taken to the Treasurer’s Office the following morning, according to the opinion. No receipts were issued for the deposit, but the Treasurer’s Office would forward the bank’s deposit receipt back to the magistrate’s office, though on some occasions it took several days for the receipts to be returned.
The opinion said Cantrell “acquiesced in these changes without inquiring whether the deposit procedure complied with the Chief Justice’s Administrative Order of November 9, 1999.”
That order says, “(W)hile the Court recognizes that magistrates must utilize employees to their office to assist in the handling of monies of their office, each magistrate is personally responsible for compliance with all procedures for the handling of the monies of their magisterial office and proper record keeping related thereto and shall regularly, but no less than monthly, review bank statements and other records to insure such compliance.”
Cantrell gave the office manager, who was a part-time magistrate, exclusive or nearly exclusive authority to manage the daily financial activity of the Greenwood County Magistrate’s Court, with the extent of his own financial oversight of the office consisting of “spot checks” to make sure that deposit slips matched bank statements, the opinion said.
Cole was hired at the office in 1998, with her initial responsibilities limited primarily to eviction and fraudulent check cases, as well as the receiving and receipting of money, according to the opinion. Those responsibilities were later expanded to compiling the deposit and taking it to the Treasurer’s Office on occasions when other employees were absent or unavailable.
In February 2004, $1,000 in cash was discovered missing from the office safe, and though law enforcement authorities suspected Cole of taking the funds, she scored an “inconclusive” on a polygraph examination during an investigation into the matter, and no criminal charges were brought against her at the time. In December 2005, $500 was discovered missing from the safe, but Cole later claimed to have found the money behind the file cabinet where the safe was located. Because the money was recovered, the opinion said, no inquiry was made into the validity of Cole’s explanation.
On both occasions, the opinion said, Cantrell made no changes concerning the financial procedures and Cole was allowed to continue her financial duties with unsupervised access to the office safe.
In February, when approached by another magistrate who was concerned that the Nov. 9 administrative order was not being followed in the Greenwood office, Cantrell reportedly said he was not going to comply with the order for financial oversight procedures, the opinion said, with the words, “I’m not going to do it. You going to do it?”
According to the opinion, Cantrell later said his comment was misunderstood, adding the other magistrate “was the most knowledgeable about court financial procedures and that his intent was to change the deposit procedure by having the other magistrate review the deposits. Accordingly, (Cantrell) stated he said, ‘I’m not going to do it, you’re going to do it, and then I’m going to check behind you.’”
On March 8, a court employee discovered that $2,500 received as a bond payment was not shown as deposited on bank records, and one month later, an entire deposit of more than $4,800 from March 17 also was discovered missing, the opinion said. Cantrell reported the matter to the Greenwood County Sheriff’s Office, which began an investigation.
When questioned by authorities, Cole confessed to stealing the March 17 deposit as well as the thefts of deposits for two other days, totaling more than $14,000, that were not yet known to be missing, the opinion said. She also confessed to taking the $2,500 bond payment deposit and the $1,000 in cash found missing in February 2004. Cole said she removed and replaced the $500 that was reported missing, and later found, in December 2005.
Cain was later arrested and charged after auditors discovered more money was missing through the voiding and deleting of cases from the computer’s system.
It also was discovered the office “accepted and disbursed restitution payments, including cash ‘off the books’ either without receipts or with receipts handwritten on whatever scrap of paper might be available,” the opinion said.
Cantrell said he was unaware of restitution payments being made in any unauthorized manner.
The opinion said Cantrell “relied entirely on his staff to properly document and disburse the monies of his office and acknowledges that his supervision and oversight did not comply with the requirements of the Chief Justice’s Administrative Order of November 9, 1999.”
“The ODC contends that the misappropriations would have been deterred or minimized had the mandates and procedures required by the November 9, 1999 order been in place. Respondent (Cantrell) does not contest this representation,” the opinion said.
“In addition, it was reported to the ODC that, during the course of the investigation of these matters by the Greenwood County Sheriff’s (Office), respondent (Cantrell) attempted to influence one or more other magistrates to limit the scope of the questions they would be willing to answer during polygraph examinations. According to one magistrate, respondent (Cantrell) suggested they only answer questions about whether they took money or whether they knew anyone else had taken money, thereby avoiding any questions about the lack of financial oversight in the magistrate’s court.”

Verdict: Guilty of murder

Man gets life in prison for ’04 shooting in Donalds

December 16, 2006

By CHRIS TRAINOR
Index-Journal staff writer

More than two years after killing Donalds resident Billy Ray Adams at his home on Highway 178, Joseph Charles Haymes has been convicted and sentenced for his crime.
The verdict came Friday in Greenwood County Circuit Court for the Nov. 4, 2004, crime. After a five-day trial, the jury returned unanimous verdicts on four charges against Haymes. The charges were murder, armed robbery, grand larceny and possession of a firearm during the commission of a violent crime.
Circuit Judge Cordell Maddox presided over the trial and issued Haymes’ sentencing of life in prison Friday afternoon. On Nov. 4, 2004, Haymes and Adams got into an argument. Haymes was on probation and owed Adams $13,000 in court-ordered restitution. Haymes struck Adams in the neck with the butt of a 30-30 rifle. An autopsy later showed the blow broke Adams’ neck.
After breaking Adams’ neck, Haymes then shot Adams in the back of the head, killing him. Haymes testified this week that he shot Adams because Adams had pulled a pistol on him.
Adams’ body was discovered by Greenwood Sheriff’s Office deputies on Nov. 8, 2004, in the woods behind his home. Family members had reported him missing two days earlier.
After killing Adams, Haymes spent several nights in Adams’ home. He also sold Adams’ 1984 Cadillac and a pair of his guns. One of the guns Haymes sold was the murder weapon. On the day Adams’ body was found, authorities from Spartanburg County apprehended Haymes. He was stopped by Spartanburg County sheriff’s deputies and was driving a 1996 Camaro he had stolen from Adams.
When deputies inspected Haymes’ car, they found a large amount of crack cocaine. He was sentenced to four years in prison on those drug charges, a sentence he was serving as he was being tried in Greenwood this week.
Deputy Solicitor Andrew Hodges presented the state’s case against Haymes. Meanwhile Haymes was represented by Lance Sheek, of the Greenwood Bar.

Lights ... Christmas ... Action!

Bringing holidays home — in big way

December 16, 2006

By BOBBY HARRELL
Index-Journal staff writer

Barry Holley, of Greenwood, has a fairly appropriate name, in that it rhymes with “jolly,” or being full of high spirits.
In showing his Christmas spirit, Holley, a project manager for Chandler Construction, has strung about 30,000 Christmas lights across his home this year, covering almost every surface on his property in red, green, blue and white lights that hang from fences, loop around trees and dangle from the edge of roofs.
It took him three days after Thanksgiving — and help from his 7-year-old granddaughter Jordan — to put up the lights. Holley has been, to put it lightly, “decorating” for the holidays since he and his wife, Pat, moved into their home at 106 Roman Circle eight years ago.
“Everybody knows me by the Christmas lights,” he said.
Holley spends about $150 a year on lights, but the electric bill doesn’t go too high with the Christmas lights on.
He started the decorating tradition with only 15,000 lights, but the number has increased every year.
Holley said he doesn’t decorate for himself, but for others.
“I think the kids in the neighborhood enjoy it,” he said.
One night recently, Pat said she went outside the house and found a little boy and his mother standing under one of their brightly lit trees. The mother told Pat the boy wanted to see the lights every night.
The Holleys might have started a trend when they began decorating their house. When they first moved, few people on Roman Circle decorated for the holidays.
Now, more houses are getting into the spirit.
“It’s been catching on a little bit,” Holley said.
The neighbors certainly notice the lights.
When Holley didn’t get his lights up right after Thanksgiving last year, his neighbor Curtis Gunnells called and asked him if everything was OK. Gunnells said Holley does a good job with the lights and he appreciates them every year.
“They work hard at it,” he said.
Gunnells knows Christmas is on its way for the neighborhood when Holley’s lights go on.
Holley said more and more cars stop by their house to see the lights every year.
He said he didn’t think he had a lot of lights in comparison to some of the other houses in the area, but that he still had a good deal of them.
The Holleys also decorate the inside of their house well. Pat has put a Christmas tree in every bedroom in their house.
Speaking of Christmas decorating, Holley’s children, all grown up, have given their father an interesting nickname for his Christmas tradition.
“All my kids call me Griswold,” he said, after Chevy Chase’s Christmas-obsessed character in the movie “National Lampoon’s Christmas Vacation.”
So far, Holley hasn’t been bothered by any Scrooges or Grinches that want him to tone down his holiday light show, but he had a solution for those that try. “If they complain, I’ll put up more,” he said.

Obituaries

Lee Brazell

Lee McKenzie Brazell, 74, of Pine Ridge Apartments, widower of Mary Frances Gentry Brazell, died Friday, Dec. 15, 2006 at Self Regional Medical Center.
Born in Columbia, he was a son of the late Ross McKenzie and Mary Ellen Campbell Brazell. He was a retired truck driver and was a US Air Force veteran of the Korean Conflict. He attended Calvary Holiness Tabernacle, where he was a member of the Adult Sunday School Class.
He was preceded in death by his son, Lee McKenzie Brazell, Jr. and a brother, Charles A. Brazel.
Surviving are three daughters, Deanie Guard of La Holra, CA, Janet Purchase of Las Vegas, NV and Connie Couch of Bullhead, AZ; five stepdaughters, Jerri Fulmer Gaskin of Lakeland, FL, Lisa Dodgen Arnold, Anita Dodgen Kneece, Melissa Clary Yates and Melanie Clary Norton, all of Greenwood; a stepson, John Charles Fulmer of Easley; five sisters, Joyce Bradberry of Ninety Six, Ruby Smith of Leesville, Geraldine Amaker of Orangeburg, Lois Shore of Charleston and Louise Blalock of Delaware; a half sister, Cindy Adams of West Columbia; two brothers, David Brazell of Pelion and Steve Vanadore of Columbia; a half brother, Ross McKenzie Brazell, Jr. of Kershaw; grandchildren and great grandchildren.
Services will be at 4 p.m. Monday at the Harley Funeral Home Chapel with the Rev. Carles Fincannon officiating. Burial will be in Elmwood Cemetery.
Pallbearers will be David Brazel, Tommy Brazel, Jeff Smith, Chris Burgess, Tim Bradberry, Keith Bradberry and Christopher Pearson.
Honorary escort will be the members of the Adult Sunday School Class of Calvary Holiness Tabernacle.
The family will receive friends at the funeral home on Monday from 2-3:30 p.m.
The family is at the home of his sister-in-law, Betty Brazel, 2331 Fruit Hill Road, Ninety Six.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com.

Linda Faye Gaines

ANDERSON — Linda Faye Burton Gaines, 65, of 118 Glenaire Road, died Friday, Dec. 15, 2006 at An Med Health Medical Center in Anderson. She was born in Abbeville County, a daughter of the late Warren Manson and Martha Elizabeth Temples Burton She was retired from Monsanto and was a member of Calvary Baptist Church.
Surviving are a son, Gerald Russell Gaines, McCormick, a sister, Lura Mae Fisher, Honea Path, a brother, James Burton, Hodges, beloved friend, Melvin Owens, loving nieces and nephews and grand-nieces and nephews.
Funeral services will be conducted Sunday, 2 p.m. at Parker-White Funeral Home with Rev. Alton Midgett officiating.
Burial will follow in Greenwood Memorial Gardens.
The family will be at the home of Lura Fisher, 304 Samuel Road, Honea Path and will receive friends Saturday, 6-8 p.m.
at Parker-White Funeral Home.

Johnnie Mae McGrier Simmons

ABBEVILLE — Johnnie Mae McGrier Simmons, 63, of 133 Moore Street, Abbeville, SC, died Wednesday, Dec. 13, 2006 at her home.
Born in Abbeville County, she was the daughter of the late Odell and Collie Mae Hall McGrier. She was a former employee of Mohawk Industries in Calhoun Falls, SC. She was a member of Glover A.M.E. Church in Calhoun Falls, SC.
Survivors include one daughter, Etoi Simmons of Columbia, SC; three sons, Tony Simmons of Abbeville, SC, Reginald Simmons and Charles Simmons of Anderson, SC; five grandchildren; four great-grandchildren; four sisters, Georgia Marie Bell and Azalee Cowan of Abbeville, SC, Barbara Reid and Christine Turner of Calhoun Falls, SC; and one brother, Clarence Tucker of Abbeville, SC.
Graveside services are 11 a.m. Saturday, Dec. 16, 2006 at Forest Lawn Memory Gardens, Abbeville, SC, with Rev. Larry Merrill officiating and Rev. Johnnie Waller assisting.
Online condolences can be sent to awmort@wctel.net.
The family is at the home.
Abbeville & White Mortuary, Inc. is in charge of arrangements.

Joe Syrkett

Funeral services for Joe Syrkett will be held Saturday at 11 a.m. from Mt. Pisgah Baptist Church.
Percival Tompkins is assisting the family.

Robert James Williams

Robert James Williams, 68, husband of Georgia Mae Rapley Williams, of 1515 S. Main Street, died Tuesday, Dec. 12, 2006 at Self Regional Medical Center.
He was born in Callison, SC, the son of Isabelle Williams and the late Thomas Caroline Williams.
He was a member of Flint Hill Missionary Baptist Church and was vice president of the R and W Gospel Chorus of the church. He was a member of the Greenwood Chapter of the Confederation of the Blind, a former member of the Masonic Lodge Pride No. 411.
Surviving besides his wife of the home and his mother of Callison, SC, a daughter, Connie Phedocia Williams of Greenwood; three brothers, Thomas Williams of Greenwood, L.D. Williams of McCormick, SC, and Charles Williams of Colorado Springs, Colorado; three sisters, Marjarie Grey of Hodges, SC, Betty Beaty of Greenwood and Jeanette Price of Callison, SC; three grandchildren, Zac-Chaeus, Connocia and Heaven Griffin, all of Greenwood.
Services will be conducted on Sunday, Dec. 17, 2006 at 2 p.m. at Flint Hill Missionary Baptist Church with Rev. John R. Brightharp officiating, Rev. Shirley Kinard presiding, assisted by Rev. Guy Ross, Minister D. Higgins and Minister Dorenda Sprowl. Burial will follow in the church cemetery.
Flower bearers will be nieces, and pallbearers will be nephews.
The body will be placed in the church at 1 p.m.
The family is at the home and is being assisted by Parks Funeral Home.

Tigers end Chiefs’perfect run

December 16, 2006

By RENALDO STOVER
Index-Journal sports writer

SALUDA — The McCormick Chiefs boys basketball team came to Saluda High School undefeated on Friday night and left with its first loss of the season as the Tigers (4-6), fueled by 30 points from Trevor Deloach, won 64-52 in front of a raucous crowd.
Fans already know what to expect from Deloach, who fills up the stats sheet each game, but teammate Derell Coleman wasn’t too shabby either, hitting four 3-pointers as he finished with 14 points for the Tigers.
Ryan Nichols scored six of his eight points in the fourth quarter, giving the Tigers a boost off the bench.
The Chiefs (5-1) were led by Brandon Cisco’s 15 points.
He was the only player on coach Elmer Williams squad to score in double figures.
Darrius Bussey, the Chiefs’ leading scorer in their win over the Abbeville this week, was held to five points in the loss.
Tigers coach Jimmy Kinard was pleased with his team’s effort.
“It was a good team win for us. Everybody contributed in a positive way. McCormick’s got a good quality team, they came in here undefeated and I’ve got a lot of respect for McCormick basketball,” Kinard said.
“I was just real proud to win against them tonight. We went on a little run and for the most part, we just made some good decisions. We got a little careless late in the game, but we were getting some other guys some time who needed to get it and I think that’ll help us in the long run.”
The Tigers led 32-20 at halftime, thanks to strong inside play from Deloach. The score might have been closer, but the Chiefs were the victims of cold shooting in the second quarter The Chiefs didn’t score until under four minutes remained in the period.
With 5 minutes, 9 seconds remaining in the third quarter, William Peterson’s lay-up cut the Tigers’ lead to 10 points.
Moments later, Darnell Coleman pushed the lead back to 16 points with an acrobatic shot under the rim.
The Tigers scored 21 points in the third quarter as they pulled away for the win.
Williams gave a straight-forward explanation as to what took place in the game.
“They out-executed us. If we would have executed our sets, we could have kept the game a lot closer,” Williams said.
“When you don’t execute your sets, you’re in trouble. This was a big learning experience for us and it’s going to help us down the road.”

Lady Tigers rebound, get 14-point win

December 16, 2006

By RENALDO STOVER
Index-Journal sports writer

SALUDA — Coach Patsy Rhodes and the Saluda Lady Tigers came into Friday night’s match-up against the McCormick Lady Chiefs and coach George Edwards with one thing in common.
Both teams were looking to bounce back from blowout losses against Greenwood and Abbeville earlier this week.
The Lady Tigers came out on top, 56-38, showing no side-effects from the loss against the Lady Eagles.
“We’ve had four tough games in a row,” Rhodes said. “I thought we had some really good spurts in this game. Right before the half, we got a really good spurt, and I though mid-third quarter we had a good spurt. We had another spurt in the fourth quarter and we finished strong.”
Taralissa Holloway dominated at both ends for the Lady Tigers, finishing with 18 points and 14 rebounds. Maralissa Coleman also scored in double figures for the Lady Tigers. She finished the game with 15 points, including three 3-pointers.
The Lady Chiefs were led by Lateidra Mims, the games’ top scorer, who finished with 27 points. She was perfect at the free-throw line, hitting all eight of her free throws.
The Lady Tigers led by four points at the end of the first quarter, before going on a 17-4 run to take a 31-15 lead following a Trikia Bosket jumper with 1 minute, 30 seconds remaining in the half.
The Lady Chiefs scored the final four points of the second quarter, but the Lady Tigers still led 31-19 with one half to play.
Mims came out firing in the third quarter as she tried to help the Lady Chiefs cut into Saluda’s lead. She scored 10 of the Lady Chiefs 12 points in the quarter, but the Lady Tigers stretched the lead to 14 points heading into the final period.
Holloway took over in the fourth quarter, outscoring the Lady Chiefs 8-7 as the Lady Tigers pulled away for the win.
“My girls are so young. They play hard at times, but then they don’t know times when they should play hard,” Edwards said. “We are coming along though. There was a lot of improvement out there tonight.”

Opinion

High school athletics give a chance to many

December 16, 2006

When Gaines Adams was playing on the eight-man football team of Cambridge Academy in Greenwood, would anyone have thought that just a few years later he would become a first-team Associated Press All-American for Clemson University?
There likely were many, though, who recognized the young Adams’ potential when he played for Cambridge, and that included his coach, Steve Taneyhill, the former University of South Carolina quarterback. The defensive end didn’t disappoint. In fact, Adams ran the board of All-America teams, so to speak.
Wednesday, Adams was named to The Sporting News’ All-America team. He already had been selected to the All-America teams of the Walter Camp Foundation, the American Football Coaches Association, and the Football Writers Association of America.

ADAMS IS LIVING PROOF of what they say. It’s not where you start, it’s where you finish. Adams should have an outstanding future in professional football, but in college, he finished at the top. He is an example of the possible for any youngster who might wonder about the future.
As an old advertising campaign used to note, he did it the old-fashioned way ..... he earned it. He did indeed.
There are several other former Greenwood and area players excelling in college football. They, too, are representatives of the pluses derived from high school athletics. Sometimes, it seems, we fail to appreciate what that means for so many kids who wouldn’t otherwise have a chance to rise above and beyond.