Bennettsville police officer faces more indictments

By: Jamie Rogers | SCNow
Published: January 22, 2009

A Bennettsville police officer accused of molesting boys over an 11-year period faces two more indictments on charges he molested two more victims, according to Marlboro County court documents.

According to two state indictments handed down this month, Jerry Starnes committed or attempted to commit “a lewd and lascivious act” on two boys over the age of 14 in Marlboro County.

One indictment alleges the molestation of one victim happened sometime between Nov. 28, 1969, and Nov. 28, 1971.

A second indictment alleges the second victim was molested between January 1973 and April 1974.

Starnes previously was indicted in April on charges he attempted to or did perform a sex act on four boys under the age of 14.

One of the incidents reportedly happened in 1969, according to an indictment issued April 3.

Another occurred sometime between Jan. 1, 1973, and Dec. 31, 1974, and another from Jan. 1, 1974 to Dec. 31, 1975, according to the indictment.

The alleged crimes continued into the early 1980s, when the suspect is accused of molesting another boy, according to the indictment.

Starnes’ trial on at least four of the six indictments is scheduled to began Feb. 9 in Bennettsville, S.C. Attorney General Office’s spokesman Mark Plowden said.

Assistant Attorney General Dale Scott will be prosecuting the case under a 1960s statute because the incidents happened so long ago, Plowden said.

The office pursued the case by way of direct indictments; no warrants were ever issued, Plowden said.

Prosecutors can appear before a grand jury for more indictments at any time because the statute of limitations doesn’t expire on such crimes, he said.

Bennettsville Judge Paul Burch is expected to preside over the case.

The time that has passed since the alleged events occurred aren’t expected to have an effect on the case, Plowden said.

“The fresher the evidence and the memories of the witnesses typically makes for a smoother trial,” he said. “But prosecutors are ethically bound by their oath to bring good cases ... cases that have good, solid evidence that the prosecutor believes proves the case.”

If there was a problem with the evidence in any case, then prosecutors won’t pursue it, he said.

“ ... Ethically, we aren’t allowed to bring a case we can’t win,” Plowden said.