CHARLESTON, SC NEWS - LIVE 5 WCSC Breaking News, Weather, SportsDUI Case Controversy
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By Tracey Amick, Live 5 News
CHARLESTON, SC (WCSC) - On Friday, Sheriff Ray Nash and Prosecutor Barry Barnette called a press conference to "set the record straight"- claiming the glitch on the tape that dismissed the whole case didn't exist.
"You could hear radios, the background and also he had a cigarette in his mouth," Barnette said.
Sheriff Nash says their dash camera system also shows when the microphones are on and off, and during the Scott sobriety test, he says both microphones and the camera stayed on.
Barnette says they were prepared to argue all aspects of this case, but that the glitch claim came out of left field.
"It wasn't there, it was a motion made out of the blue. How can you argue against something that wasn't there?" Barnette said.
And now a circuit court will hear his appeal, and Barnette hopes one day a jury will hear this case.
"There was no gap, no glitch it should've gone to a jury", Barnette said.
