State opens investigation into Horry parole agent home detention issue

In July, North Myrtle Beach High School student, 17-year-old Taylor Shelley, pleaded guilty to reckless homicide in connection to the drunken driving crash she admitted she caused in July 2007.

Shelley’s friend, 16-year-old Kayla Bennett, died in a North Carolina hospital after medics flew her by helicopter from Cherry Hill Road near Loris.

Troopers originally charged Shelley with felony driving under the influence following the crash, but because of a problem with evidence collected in the investigation, prosecutors and the victim’s family settled with a reckless homicide plea and court-ordered probation.

A condition of the probation required Shelley to be committed to six months of home detention, only to be release to attend “school classes, medical appointments, church services, or other appointments in compliance with her probation,” according to the judge’s sentencing order.

“This was a negotiated plea. We worked a long time with the defense attorney. We thought it was fair; everyone agreed to it and now probation isn't making sure the conditions are met, in my opinion,” 12th Circuit Solicitor Ed Clements told News13 on Friday.

Clements prosecuted the case for solicitor Greg Hembree because of a conflict with the parties involved and the 15th Circuit Solicitor’s Office.

News13 aired a report on August 6 where parole agents allowed Shelley to participate in a softball tournament in Myrtle Beach.

Shelley’s mother, Kim Shelley, said Wednesday that the softball “was a part of her therapy,” and the State Department of Probation said it’s agent, who gave the Shelley’s the exception to the home detention, acted within the scope of the judge’s order.

Clements said he couldn’t get a clear answer from the department when he called Thursday, “I talked with the deputy director in Columbia, she knew what I was calling about and she said she was going to check into it and talk to them and get back with me and that was yesterday and I haven't heard back from them yet.”

A spokesman with Governor Mark Sanford’s office in Columbia said on Friday that, “we have received the details concerning this case and we are currently in the process of looking into the allegations,” Joel Sawyer said.

The South Carolina Victim’s Assistance Network, who ensures victim’s rights are protected, said they are currently investigating the matter, “We’re working to get to the bottom of why the probation agent made the decision, and to see if the probation conditions in this case are being followed,” SCVAN director Veronica Kunz said.

Clements said he only wants to make sure parole agents are complying with the judge’s order, “It's not to cause any problems with this individual; she's doing what she's allowed to do, but what I want her to understand and I want the community to understand that there are consequences to your actions and there's accountability,” Clements said.

SCVAN said if its investigators do find that the parole agent has not complied, it would file a motion with circuit court to bring the agent back before the court to let a judge decide the matter.