Man involved in Florence assault in custody, refuses extradition

A man arrested Thursday night in Charlotte on charges connected to the recent assault of a Florence teenager refused Friday to waive extradition to South Carolina.
Charlotte-Mecklenburg Police Department officials notified Florence County Sheriff’s investigators Friday afternoon of 22-year-old Chase Lewis McClary’s decision to fight extradition. McClary was denied bond pending the outcome of an extradition hearing, which will be scheduled in the future. Until then, the remains in custody at the Mecklenburg County Detention Center.
“Naturally, we want McClary returned to Florence County to face the charge filed against him,” Florence County Sheriff Kenney Boone stated. “We are doing all we can to make that happen, but we have to wait until the North Carolina process takes its course.”
Because McClary refused extradition, the sheriff’s office and the 12th Circuit Solicitor’s Office are seeking a Governor’s Warrant.
“A Governor’s Warrant is a vehicle by which a state seeks extradition of a suspect who is wanted in one state and has been arrested in another state,” said Sheriff’s Capt. Mike Nunn, an attorney.
“The warrant in this instance would proceed from Governor (Mark) Sanford to the Governor of North Carolina requesting that the subject be turned over to South Carolina authorities,” Nunn said. “After the warrant is sent to the Governor of North Carolina, a hearing will be held, wherein the suspect is to provide the court with legal reasons why extradition should not occur. Unless a suspect can demonstrate some compelling reason why extradition should not occur, the court will order that he be turned over to the requesting state authorities.”
McClary is charged with assault and battery of a high and aggravated nature in connection with the Aug. 20 assault of 16-year-old West Florence High School student Donnivin Brown outside a house in Florence County’s Brandon Woods subdivision.
Brown was outside of the residence with friends when a man he didn’t know approached him and struck him in the head with a coffee mug. Witnesses said the coffee mug broke and the man continued to strike and cut Brown with the jagged, broken pieces. Brown suffered deep lacerations to his face, neck and head that required nearly 200 stitches.
Of the 14 or so people present, Brown was the only African-American, and some of the witnesses said the assailant repeatedly called Brown a (racial epithet) as he was striking and cutting him.
The matter has been turned over the the FBI and the U.S. Attorney’s Office for review under the federal hate crime statute. Federal statutes permit the prosecution of hate crimes committed on the basis of a person’s protected characteristics of race, religion, ethnicity, nationality, gender, sexual orientation, gender identity and/or disability.
In the meantime, Nunn said sheriff’s investigators will pursue the state assault charge to the fullest. Assault and battery of a high and aggravated nature carries a maximum sentence of 20 years in prison.
McClary’s criminal history obtained from the State Law Enforcement Division shows includes prior arrests in Darlington, Florence and Lexington counties. In 2005, he was arrested on unlawful weapon charges in Florence. That case was not prosecuted.
In 2007, he was arrested by Darlington Police officers on charges of assault and battery of a high and aggravated nature and shoplifting. The assault charge was dismissed, but McClary was convicted of shoplifting. A month later, he was arrested and charged with hindering of a police officer. He was convicted on that charge and sentenced to 30 days in jail, which the judge suspended to one day time served.
He was arrested in Florence in 2008 on charges of trespassing and hindering a police officer. He again was sentenced to 30 days in jail, which the judge suspended to one day time served.
In November 2009, he was convicted of disorderly conduct in Florence County. A year later, he was arrested in Lexington County on charges of simple assault and battery, entering premises after warning and public disorderly conduct. The disposition in those cases was not available by press time Friday.