Jury seated, trial date set in federal trial for suspended Marlboro County sheriff

FLORENCE, S.C. (WBTW) — A jury was selected Monday in the case of indicted Marlboro County Sheriff Charles Lemon, who’s awaiting federal trial in connection with allegations of excessive force used against a prisoner in 2020.

Deputy David Andrew Cook and Lemon were indicted in January in U.S. District Court in Florence. Court records indicate that Lemon was offered a plea agreement and that his trial could take three to four days. Cook pleaded guilty in federal court in February.

State authorities initially charged both men with assault and battery of a high and aggravated nature and misconduct in office in December 2021, and Lemon was suspended by Gov. Henry McMaster .

The January indictment accused Lemon of directing Cook to use a Taser on the prisoner without legal justification in an incident that resulted in bodily injury to the victim. A video of the incident showed Lemon telling his deputy to take off the victim’s handcuffs and then shows Cook using the Taser on the man’s head as he turns around.

After the indictment, the U.S. Justice Department said both men faced a maximum of 10 years in prison if convicted. Lemon’s trial is set to begin Aug. 13.

Lemon had been reelected sheriff in November 2020 , beating out his Republican challenger, Henry Love. F ormer Bennettsville Police Chief Larry McNeil was appointed as the county’s interim sheriff following Lemon’s suspension.

McNeil won the June 11 Democratic primary, and squares off against Charles English in November.

“I’m very thankful. I thank God for this opportunity, another opportunity to continue to work in the community,” McNeil told News13 following his win last month. “I think it says a lot about our community and what we’ve done in the past, and they can see what we’ve been trying to do in the past as far as trying to continue to move forward and be as progressive as we can.”

The state Attorney General’s Office dropped charges against Lemon in March.

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Adam Benson joined the News13 digital team in January 2024. He is a veteran South Carolina reporter with previous stops at the Greenwood Index-Journal, Post & Courier and The Sun News in Myrtle Beach. Adam is a Boston native and University of Utah graduate. Follow Adam on X, formerly Twitter, at @AdamNewshound12 . See more of his work here .

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