Federal judge upholds former Chester, SC Sheriff Underwood fraud, theft convictions
A federal judge has denied an appeal by Alex Underwood, the former Chester County, S.C., sheriff, to throw out convictions from an April jury trial, records show.
In documents released Monday, U.S. District Court Judge Michelle Childs upheld all the jury verdicts against Underwood, which include conspiracy, wire fraud, federal program theft and deprivation of rights. Childs was the trial judge in April.
Underwood and two former top deputies, ex-chief deputy Robert Sprouse and Lt. Johnny Neal, were convicted in April by a jury after a two-week trial in federal court.
Federal prosecutors said at trial that the three conspired to use their positions to enrich themselves, cover up their misconduct, and obstruct investigations. Central to the case was the use of federal DUI money and deputies labor at Underwood’s barn. The three also were convicted in a case linked to the way a suspect was handled at a 2019 incident in rural Chester County where they lied about a man’s arrest and tried to cover it up, prosecutors said during the trial.
Yet Underwood claimed the jury got it wrong and wanted a new trial. The judge disagreed.
The judge’s order states:
“The Government put forth sufficient evidence to support each of Underwood’s convictions.”
Sentencing pending
Underwood, 57, known as “Big A,” remains free on bond pending sentencing. He faces as much as 20 years in prison, records show.
Sentencing has been on hold until the appeals ruling released Monday, and while the three defendants file court documents about sentencing, records show.
It remains unclear if sentencing will be held later this month or early in 2022.
Prosecutors, jury say all 3 guilty
Federal prosecutors have not commented on the judge’s ruling to deny Underwood’s appeal. However, after the trial, prosecutors said in a statement there was no doubt all three men were guilty.
“The three defendants directed on-duty Sheriff’s Office employees to provide manual labor or other services that personally benefited Underwood and Sprouse, including requiring them to help with extensive renovations of a barn on Underwood’s property in order to add a bar, a television viewing area, and other amenities,” prosecutors said. “Underwood and Sprouse took family members on a trip to a conference in Reno, Nevada, and charged the cost to the Sheriff’s Office. Underwood and Neal also engaged in a scheme in which they skimmed money from payments owed to other Sheriff’s Office employees for off-duty work at public safety checkpoints.”
Underwood, a former State Law Enforcement Division agent, was first elected in 2012 and re-elected in 2016. He was indicted in 2019 and suspended from office. In 2020, while under indictment, he ran unsuccessfully for re-election against current Sheriff Max Dorsey.
Since 2010, 13 sheriffs in South Carolina’s 46 counties have been convicted of crimes in state and federal courts.
This story was originally published December 13, 2021 at 5:03 PM with the headline "Federal judge upholds former Chester, SC Sheriff Underwood fraud, theft convictions."
