Pickens, S.C. – The criminal sexual conduct case against Donald Edward McKinney, the 75‑year‑old mayor pro tempore of Pickens, was formally dismissed this week. The charge, a felony that carries up to a twenty‑year prison term, was filed after a May 2022 investigation by the South Carolina Law Enforcement Division (SLED) alleged McKinney groped and performed oral sex on a relative who was between fourteen and sixteen years old at the time.
Background and legal proceedings
According to the affidavit that accompanied the arrest warrant, investigators said McKinney acted while in a familial and custodial position, a factor that elevates the offense under S.C. Code of Laws § 16‑3‑655 (B)(2). After his arrest, a magistrate judge set a $20,000 personal recognizance bond, allowing McKinney to be released without posting cash. Several local magistrates have since said the bond should have been substantially higher, if not denied outright.
On December 6, 2022, a Pickens County grand jury returned an indictment on the felony charge, triggering an automatic suspension of McKinney from office by Governor Henry McMaster. The case lingered in the state’s courts for four years, with Assistant Attorney General Megan Elizabeth Raymer leading the prosecution and a trial scheduled for the fall.
Prosecutors drop the case
Just days before the trial date, the prosecutor’s office entered a nolle prosequi – Latin for “no longer willing to pursue.” In plain language, the charge was dropped. The decision has sparked a wave of criticism, most notably from Circuit Court Judge Rivers Lawton McIntosh, the chief administrative judge for South Carolina’s tenth judicial circuit, who is presiding over the matter. A source close to the judge confirmed that Judge McIntosh is “furious” about the dismissal.
Family members of the alleged victim have also voiced concerns, accusing the Attorney General’s office of misrepresenting their wishes. If those allegations prove accurate, they could raise questions under the South Carolina Victims Bill of Rights.
No clear legal justification disclosed
Sources familiar with the case say there were no material adverse developments – no wavering witnesses, no compromised evidence, and no law‑enforcement misconduct – that would normally justify dropping a serious felony. Moreover, McKinney’s term of office had already expired, removing any immediate political pressure to resolve the case before an election.
One well‑placed source within the prosecutor’s office hinted that “a good reason” exists for the dismissal, but declined to elaborate pending an official response. FITSNews has reached out to the Attorney General’s office for comment and will update readers as more information becomes available.
Community reaction
The dismissal has reverberated throughout the Upstate region, with local residents and officials demanding transparency. While the legal process allows prosecutors discretion, many in Pickens and surrounding counties view the decision as a setback for accountability, especially given the seriousness of the alleged conduct involving an unborn child’s relative.
As the story develops, the focus remains on whether the Attorney General’s office will provide a detailed explanation and how the judicial system will address the concerns raised by Judge McIntosh and the victim’s family.
Original reporting: FITSNews — read the source article.
