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Chapin HS football player knew girl was 13 before they had sex, witness told investigator

A witness told investigators {that a} Chapin High School football player knew a girl was solely 13 years outdated before they had intercourse in October, in accordance with a Richland County Sheriff’s Department doc obtained by The State.

The player, David Bennett Galloway III, told authorities by way of his lawyer he didn’t know the girl’s age. Galloway, 18 on the time of the encounter, had been charged in November with second-degree prison sexual conduct with a minor, a felony. Earlier this week, he pleaded responsible to the lesser fees of third-degree assault and battery and being a minor in possession of alcohol, each misdemeanors.

The doc obtained by The State disputes statements by Galloway’s protection, who concluded Galloway didn’t know the girl’s age. The fifth Circuit Solictor’s Office, which prosecuted the case, has maintained that Galloway knew the girl’s age.

Galloway’s lawyer, Jim May, stated a extra in-depth investigation proved the football player didn’t know the sufferer’s age.

The doc acquired by The State is a transcript of the sworn assertion of a buddy of the sufferer who was along with her on the evening of the incident. The assertion was made to a Richland County investigator.

The transcript describes a second on Oct. 2 when the sufferer and her buddy met Galloway exterior of a house. He requested the group of ladies how outdated they have been. They all answered by saying what grade they have been in. The witness told the investigator that the sufferer told Galloway she was “13 about to be 14” and an eighth grader, in accordance with the doc.

The witness stated Galloway misled the women about his grade, in accordance with the doc. When requested by the investigator if Galloway ever lied about his age on the evening of the assault, the witness stated that after Galloway requested their ages, he told them to guess his age. After they guessed, he told them he was a highschool sophomore. High faculty sophomores are sometimes between 15 and 17 years outdated.

Galloway, a senior, was considered one of South Carolina’s greatest highschool football gamers final fall. He had dedicated to play for N.C. State.

The doc raises questions on whether or not Galloway ought to have been allowed to plea to the lesser fees.

Galloway pleaded guilty to the lesser offenses at a courtroom listening to Thursday. He pleaded particularly to “unlawful touching” of the 13-year-old. Circuit Court Judge Casey Manning oversaw the listening to and accepted the plea. Galloway obtained no up-front jail time. But if he breaks the stipulations of the plea deal, which incorporates a whole bunch of hours of neighborhood service, required counseling and paying the sufferer $15,000 for her personal counseling, he may go to jail for 60 days.

At the courthouse, May stated that Galloway handed a lie detector take a look at when requested if he knew the girl’s age.

Aside from information of the sufferer’s age, the remainder of what unfolded that evening was agreed on by Galloway as outlined by Deputy Solicitor Dan Goldberg.

On Oct. 2, Galloway was at a celebration at a relative’s home with different highschool college students, Goldberg stated.

He was ingesting, and when the sufferer approached him, he supplied her alcohol. She stated she didn’t need any.

They went into the upstairs of the home and had a sexual encounter that was stopped by one other individual. Later that evening, Galloway and the sufferer met up once more and had intercourse, in accordance with Goldberg.

The prosecutor described the intercourse as consensual, saying the sufferer by no means indicated she didn’t wish to have intercourse.

Goldberg told the courtroom that the plea deal to the lesser fees was agreed on by the sufferer’s household, the sheriff’s division, the prosecution and Galloway.

What Galloway’s lawyer stated

When requested Friday night concerning the assertion from the sufferer’s buddy, May reiterated that Galloway handed a lie detector take a look at administered by a former FBI agent. During the take a look at, Galloway was requested particularly if he knew the sufferer’s age before the incident. He answered no, and the polygraph discovered no proof of mendacity, May stated.

“Our investigation in which we interviewed a substantial number of people did not support those facts,” May stated when requested concerning the doc that stated Galloway knew the girl’s age and lied about his personal age.

Further, May told The State he wouldn’t have represented Galloway if it he hadn’t handed the lie detector take a look at when requested if he knew the sufferer’s age.

Galloway discovered the girl’s age the day after they had intercourse and he was “embarrassed, shock and horrified,” May stated.

What the prosecutor stated

The fifth Circuit Solicitor’s Office supplied The State with a prolonged assertion Friday night in regards to the info within the doc and Galloway’s plea deal.

“The decision to allow Mr. Galloway to plead guilty to lesser charges was not based upon a lack of evidence to prove him guilty of criminal sexual conduct with a minor,” Goldberg stated.

Goldberg upheld the witness’ statements within the doc.

“After extensive discussions with the victim, her family, their attorney, and the Richland County Sheriff’s Department, my office determined that a guilty plea to reduced charges was appropriate,” Goldberg stated.

Prosecutors wouldn’t have decreased the costs with out the “full agreement” of everybody concerned, particularly the sufferer and her household, he stated.

“Ultimately, no amount of spin from his attorney or anyone else can change Mr. Galloway’s guilt as it relates to his assault of a 13 year old little girl,” Goldberg stated.

What is the precise legislation?

In the South Carolina code of law, the statute for second-degree prison sexual conduct reads:

“A person is guilty of criminal sexual conduct with a minor in the second degree if:

“The actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age; or

“The actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in consensual sexual conduct with another person who is at least fourteen years of age.”

Second-degree prison sexual conduct with a minor is punishable with as much as 20 years in jail.

The statute for third-degree assault and battery reads:

“A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so.”

Third-degree assault and battery is punishable with as much as a $500 high-quality, 30 days in jail or each.

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