An Aiken County Sheriff's Office memo regarding when to arrest people under the recently adopted S.C. Domestic Violence Law that reached a Charleston newspaper was simply a result of trying to "fully understand and properly apply" the provisions of the law, Capt. Eric Abdullah said.
Charleston newspaper The Post and Courier published a portion of the June 22 memo Friday that was sent from Sheriff's Office Capt. John Fogle to uniform patrol deputies.
The memo reportedly instructs deputies not to file domestic violence charges unless a victim is willing to prosecute and states that arrests are no longer mandatory when domestic violence is suspected because of changes in state law approved by the General Assembly this year.
"The must arrest/mandatory arrest no longer exists with the new domestic violence law unless they have the victims' support and cooperation," Fogle wrote, which the Charleston newspaper published.
"So with that being said, this agency is going to protect itself along with the deputies who are trying to protect the citizens of Aiken County," the memo reads.
"If the victim doesn't want to pursue charges, then Do Not make a charge. This will be our policy until we get further clarification on the new law."
S.C. Gov. Nikki Haley signed the new domestic violence law in June, which increases penalties for repeat domestic violence offenders based on the severity of the attack, the number of prior offenses and other factors.
The now-outdated law used to increase the penalty for offenders based mostly on the number of offenses.
The new legislation also imposes a lifetime gun ban on the worst abusers and an automatic three- or 10-year ban in other cases.
In a press release obtained by the Aiken Standard on Friday, Abdullah said the email was never intended to give the impression that the Sheriff's Office does not take domestic violence seriously.
"While Captain Fogle's email reflects the challenges in investigating and successful prosecution of offenses where the alleged victim is uncooperative, it failed to reiterate that probable cause to arrest is the same standard as it has always been," Abdullah stated in the release. "That is the standard that the Aiken County Sheriff's Office has and will continue to follow before charging an individual with a crime. That message has been sent to all Aiken County Sheriff's Office personnel along with a direction that a hard and fast policy is impractical with all (extenuating) facts and circumstances that must be evaluated before making an arrest.
Deputies are trained to evaluate each case on a case-by-case basis and each are unique unto itself."
Susan Selden, the new executive director of the Cumbee Center to Assist Abused Persons, spoke with Aiken County Sheriff Michael Hunt on Friday, stating she would stand behind what was stated in Friday's press release.
"I talked with (Hunt) personally to understand where he came from, and I know in the past, the Cumbee Center and the Sheriff's Office have always cooperated with one another and continue to work together to support domestic violence victims," Selden said.
"I know (the Sheriff's Office) is working hard to support this law, as are we."
S.C. House Minority Leader, Rep. Todd Rutherford, D-Columbia, told The Post and Courier this week some police departments are misinterpreting the old law; in some instances believing they had to arrest someone when dispatched to a domestic call even if there were no signs of the reported abuse and the victim did not want to press charges.
But Rutherford told the Charleston newspaper that the new law does not prevent officers from making arrests even when the accuser declines to press charges.
Abdullah stood by the Sheriff's Office, telling the Aiken Standard the agency is invested in ensuring that deputies have the necessary tools and training needed for investigating criminal cases, such as purchasing digital cameras funded by Aiken County Council that deputies will use to document supporting evidence in domestic violence and other criminal cases.
"Also, the Aiken County Sheriff's Office has participated in the creation of the Domestic Violence Court that is currently being used as part of the criminal justice process within Aiken County," Abdullah said.
"The Aiken County Sheriff's Office has and will continue to support the Domestic Violence Law in this state. Furthermore, we trust that our deputies have the proper training to protect and serve the citizens of Aiken County at the highest level possible."
Maayan Schechter is the digital news editor with Aiken Standard. Follow her on Twitter @MaayanSchechter.
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