CHARLESTON — The 9th Circuit Solicitor’s Office dismissed charges against a former Charleston County sheriff’s deputy who was fired for allegedly engaging in “egregious conduct.”
James Henry “Hank” Carter III was charged with misconduct in office and third-degree assault and battery in November 2023. Solicitor Scarlett Wilson, who was the lead prosecutor on the case, dismissed the charges on July 29, public records show.
Carter’s charges were dismissed after he completed a pretrial intervention (PTI) program, defense attorney Joseph Cannarella told The Post and Courier.
PTI allows some first-time offenders charged with nonviolent crimes to “repay the community and the victim for criminal activity through community service or restitution,” according to a statement posted to Wilson’s website.
Third-degree assault and battery is generally considered to be a nonviolent crime because injuries or harm caused by it are typically minor.
Wilson said the case was dropped because it “met requirements” for her to dismiss it at her discretion. She has been out of the office since and did not respond to requests for more information. Two representatives from her office declined to comment on the matter.
9th Solicitor Scarlett Wilson dismissed all charges against a former Charleston County sheriff’s deputy.
The charges had been filed after Carter pursued a suspect on Oct. 21, 2023. Carter chased Rashard Duncan at speeds of more than 100 mph before following him on foot, The Post and Courier previously reported.
Body camera footage that was later released shows Duncan crouching against a mobile home as Carter runs up to him, shouting expletives and telling him to get down.
Carter punched Duncan’s head nine times in quick succession, causing him to briefly lose consciousness, the footage showed.
After handcuffing Duncan, Carter asked: “Enjoy the nap?” according to court records and body camera footage.
The sheriff’s office fired Carter on Nov. 9, 2023, describing the event as a “serious policy violation” that warranted immediate termination for the “level of disrepute” it brought, records show.
The department requested the State Law Enforcement Division to investigate the use-of-force allegation. SLED arrested him on Nov. 27. Carter was released from the Charleston County detention center later that day after posting about $21,000 bond.
Carter is not currently employed as a law enforcement officer in South Carolina, according to records from the state Criminal Justice Academy.
Duncan also faces charges from that day. He was charged with resisting arrest, failure to stop for a blue light and possession of cocaine. Public records listed Marvin Pendarvis as his defense attorney on Aug. 5.
Pendarvis’ South Carolina Bar membership status is currently considered “not good standing,” records show. His law license was temporarily suspended in May 2024 after he was accused of legal malpractice. Pendarvis resigned from his seat as a Democratic state representative for District 113 in September 2024.
Duncan’s charges remain pending, but no filings have been made in these cases since December 2023, public records show.
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
