Crime & Courts

Toal appoints judge to preside in case of man slain by police


Judge Clifton Newman gestures as he address Mikal Deen Mahdi during Mahdi’s sentencing in December 2006 in St. Matthews, S.C. Newman sentenced Mahdi, a Virginia man, to death for killing an off-duty police officer.
Judge Clifton Newman gestures as he address Mikal Deen Mahdi during Mahdi’s sentencing in December 2006 in St. Matthews, S.C. Newman sentenced Mahdi, a Virginia man, to death for killing an off-duty police officer. The Associated Press

The state’s chief justice has appointed a circuit court judge to oversee the case against a former North Charleston police officer charged in the killing of an unarmed African-American man earlier this month.

Chief Justice Jean Toal signed the special order Tuesday appointing Judge Clifton Newman to the case of Michael Slager, 33, charged with murder in the shooting death of 50-year-old Walter Scott on April 4 in North Charleston. Initial police reports said Scott and Slager wrestled over a Taser, but an amateur video of the shooting shows Slager firing his gun eight times at Scott as Scott ran away.

Newman, 64, is an at-large judge based in Kingstree who has been a circuit court judge nearly 15 years. He is the father of Columbia City Councilman Brian DeQuincey Newman, also an attorney.

Toal said Newman will “decide all matters pertaining to this case, including motions to appoint or relieve counsel, and shall retain jurisdiction over this case regardless of where he may be assigned to hold court and may schedule such hearings as may be necessary.”

Toal released a statement saying she would not comment on why she selected Newman but said among the reasons she sometimes assigns a specific judge to a case is when a case needs a judge’s attention from beginning to end.

Newman has ruled on at least two cases involving the shooting of a police officer. The latest was the case involving the shooting death of Aiken public safety officer Scotty Richardson of Lexington, who was shot and killed in 2011. Both pleaded guilty.

Both 9th Circuit Solicitor Scarlett Wilson of Charleston and Slager defense attorney Andy Savage reacted positively to the news.

“Judge Newman is an excellent judge,” Wilson said. “Our experience with him has always been stellar and the reports I’ve had from other solicitors through the years (have) been equally good. We look forward to working with him and know that he will give us all a fair trial.”

Savage said, “Judge Newman enjoys an excellent reputation as a jurist, and we look forward to working under his guidance. A more competent member of the judiciary could not be found.”

Savage also referred to an S.C. Supreme Court case known as State v. Langford and said appointing Newman was an example of Toal applying Langford standards. In that case, the Supreme Court made it clear that final scheduling authority belongs in the hands of a judge – not a prosecutor. However, as a practical matter, a judge would generally confer with all parties before setting hearing and trial dates.

Newman was born in Kingstree and raised in Greeleyville in Williamsburg County, according to his biography on the S.C. Judicial Department’s website. He received his undergraduate degree at Cleveland State University in Ohio and later went on to the Cleveland-Marshall College of Law, where he served as Chief Justice of the University Judiciary.

In 1976, Newman began practicing law in Cleveland, where he formed the partnership of Belcher and Newman. He returned in 1982 to South Carolina, where he began practicing private law in Columbia and Manning. The Manning office later relocated to Kingstree.

After 24 years as a practicing attorney and 17 years as an assistant solicitor, Newman was elected by the General Assembly as a circuit court judge in May 2000.

This story was originally published April 15, 2015 at 10:55 AM with the headline "Toal appoints judge to preside in case of man slain by police."

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