Jury: Inspector Guilty of assault

Web posted April 12, 2000

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By Katie Throne
South Carolina Bureau

EDGEFIELD, S.C. -- A jury found an Edgefield County building inspector guilty Tuesday of assaulting a man shortly before a zoning meeting last summer.

Longtime inspector Jack Jenkins, 60, of North Augusta, was ordered to pay $425 in fines for pushing Roy Blackwell, 37, at an Aug. 19 planning commission meeting.

Despite the jury's decision, County Administrator Wayne Adams said Mr. Jenkins will remain an employee of the county.

``Jack Jenkins and his family have suffered enough,'' Mr. Adams said. ``I'm quite disappointed with the verdict, and I did not hear any conclusive evidence that would lead me to believe Mr. Jenkins assaulted anyone.''

Some jury members said testimony from one witness swayed them toward a vote of guilty. Witness Melissa Johnson of Edgefield testified that she saw the building inspector ``poke or push'' Mr. Blackwell in the back with the ``hard ball part of his fingers.''

Mrs. Johnson said it was a ``pretty heavy push,'' and Mr. Blackwell had to grab a chair to steady himself. Both men then began yelling at each other, she said.

``I thought I was going to see a fist fight,'' Mrs. Johnson told the jury.

Mr. Blackwell's wife, Genia, also testified her husband was pushed.

Some members of the Planning Commission who were at the meeting that night testified they didn't see any altercation, but most of them couldn't confirm the exact time they arrived at the zoning work session.

``The rest of the people who testified said they didn't see anything, but I'm not so sure they were looking,'' juror Vivian Sprouse said after the trial. ``Mrs. Johnson said she saw Mr. Jenkins push him.''

In closing arguments, the defense tried to use the fact that Mr. Blackwell didn't testify, against him.

``Why didn't the victim himself get up there and take an oath to tell you what happened?,'' Mr. Jenkins' attorney, Thomas Murphy of North Augusta, asked the jury. ``Because he was subject to cross examination, and we were ready for him.''

Mr. Blackwell found out shortly before the trial that he had to represent himself. Chief Magistrate Court Judge Davis Parkman said the court had no authority to appoint legal counsel to Mr. Blackwell because no police officer signed the warrant for Mr. Jenkins' arrest, only Mr. Blackwell signed it.

A magistrate court judge from Newberry County, Barry Koon, presided over the case after Mr. Blackwell motioned for Judge Parkman to recuse himself because he works for the county.

Mr. Jenkins, who has been a building inspector for 16 years, testified that he issued Mr. Blackwell a building permit for his new home before the incident occurred. On inspection, he found a couple of windows that didn't meet county codes. Mr. Jenkins said the windows were fixed and the issue was resolved.

He testified he became ``mad'' when Mr. Blackwell filed an incident report with the Sheriff's Department about a broken lock on his driveway gate that implicated the Building Department.

``I told Mr. Blackwell that I didn't appreciate him sending the sheriff's office to the Building Department in a normal voice,'' Mr. Jenkins told the jury. ``I didn't punch or poke him in the back. So help me God, I didn't touch him.''

Mr. Jenkins declined comment on the verdict, but Mr. Murphy said his client was upset.

``We're just disappointed with the jury's decision,'' Mr. Murphy said. ``We believe it's all wrapped up in the emotional issue of zoning.''

Mr. Blackwell is a member of the Concerned Citizens of Edgefield County, a vocal group who opposed the recent implementation of an ordinance to zone portions of the county.

Reach Katie Throne at (803) 279-6895.