Abuse of power or doing jobs? Trial starts for former Chester SC sheriff, 2 deputies
Two years after former Chester County Sheriff Alex Underwood was stripped of his job, he and two deputies have a chance to clear their names of being accused of abuse of power and violating the public trust.
The federal criminal trial of Underwood, former chief deputy Robert Sprouse, and former Lt. Johnny Neal began Monday morning in Columbia. Lawyers offered opening statements in court. All three have pleaded not guilty.
Underwood, Sprouse and Neal face several federal indictments, according to testimony.
The charges include: conspiracy to defraud the government; depriving civil rights; tampering with a witness or victim; destruction, altering or falsifying records in a federal investigation; conversion of property for personal use; and wire fraud.
When the indictments originally were announced, Underwood’s lawyer said Underwood was eager for a trial to clear his name.
The sides could not be more different.
Prosecutors claim the deputies abused their power by altering police reports, having deputies work at Underwood’s house on a “party barn” and “Man cave,” and using surveillance on Underwood’s political opponents.
Defense lawyers said Underwood and his deputies protected the public during long police careers where they never had been in trouble and had earned the public trust. Underwood had to endure death threats while in office after becoming the first Black sheriff in Chester County history, his lawyers said..
Defense says cops doing their jobs
Underwood’s lawyers, Stanley Myers and Gil Bell, portrayed Underwood as a dedicated, lifelong police officer who once was shot in the line of duty. Myers said the huge power of the federal government has overreached against Underwood.
“This case is about the abuse of power, but the only entity that has abused its power is the government,” Myers said in opening statements. “This case is a rush to judgment painting all law enforcement with one big stick...Alex took a bullet in his service to state and community.”
Underwood did not violate any laws and did not falsify records, violate rights or steal money from a federal DUI program, Myers aid.
Sprouse’s lawyer, Michael Laubshire, said deputies worked on Underwood’s barn during off hours.
“Robert Sprouse is standing trial for things he did not do,” Laubshire said.
Andrew Johnston, Neal’s lawyer, said Neal did not try to “enrich himself” through DUI checkpoint pay money, nor violate anyone’s civil rights. Neal has been targeted by other deputies who were “job seekers and malcontents” and worked at the sheriff’s office, Johnson said.
Prosecutors: “Bullies” with badges
Yet prosecutors said the totality of the abuse of power and violation of public trust by the law enforcement officers is clear.
“They stole from other deputies and they acted like bullies,” federal prosecutor William Miller said. “They built a party barn. “
The three defendants also were involved in a conspiracy to illegally arrest and jail Chester County resident Kevin Simpson and Simpson’s mother in 2018 when Simpson videotaped and broadcast on Facebook Live a confrontation with Underwood, Miller said.
Kevin Simpson and his mother were arrested after Simpson videotaped and broadcast an ongoing manhunt near his home. Videotaping the incident drew Underwood’s ire, prosecutors said.
The three officers conspired to forge documents about the incident after Underwood had a confrontation with Simpson, but Simpson broke no laws, Miller said.
South Carolina prosecutors later dropped charges against Simpson and his mother.
”All three of them (Underwood, Sprouse and Neal) tried to cover it up and bury it,” Miller said.
First witness
Prosecutors started the testimony Monday afternoon with Chester County Sheriff’s Office Sgt. John “Trey” Hunter.
Hunter testified he was instructed to do surveillance on Underwood’s political opponents at a Chester County diner in an off-the-books investigation while on duty. Hunter also testified he and other deputies worked on a barn on Underwood’s personal property several times, while on duty.
Hunter testified he felt pressured to do the barn work.
“I thought I had to go,” Hunter testified.
Yet under cross-examination from Underwood’s lawyers, Hunter said the barn work could have been done by deputies during compensatory time. Hunter testified that Underwood was known as a good man who cares about the public, and allowed public events to be held at his barn, which was improved with donated materials.
The charges and trial
Underwood, also known as “Big A”, faces 17 indictments, Sprouse faces 14 indictments, and Neal faces 12, according to U.S. Department of Justice records.
The federal sentences for those charges range from one year to 20 years per count if convicted, according to federal records.
It remains unclear if the three defendants will testify later in the trial. The prosecution is epxected to continue the rest of this week.
The trial is expected to last as long as three weeks, Judge Michelle Childs said in court.
Underwood was replaced as Chester County Sheriff by Max Dorsey, who then won re-election in 2020.
This story was originally published April 12, 2021 at 3:09 PM with the headline "Abuse of power or doing jobs? Trial starts for former Chester SC sheriff, 2 deputies."
