A magistrate appeared in magistrate court on Thursday as a defendant, not the presiding judge, in a case that’s being closely watched in legal and law enforcement circles in Beaufort County. Magistrate Thomas Holloway is charged with DUI less than .10, first offense.
Defense Attorney’s Arguments and Legal Proceedings
Scott Lee, Holloway’s defense attorney, contested the state’s contention that Holloway refused to take a blood-alcohol test, a move a jury may not look upon favorably, if true. Lee also argued the case should be thrown out because some law enforcement officers muted the audio on their video cameras at the scene, which Lee said amounted to the destruction of evidence. Lee also pointed out that bond amounts Holloway had set as a judge before his arrest provided context in his DUI case.
Prosecutor Meagan Chinnis Askins requested a jury trial, stating that Holloway, as a public figure, should be tried before a jury rather than just a judge. Judge Meree Williamson agreed, setting a jury trial for April 27.
Questions About the Incident and Evidence
Holloway, 61, of Fripp Island, was involved in a collision on October 29 when he struck a vehicle driven by Katrina Sellars. Holloway claimed that Sellars’ vehicle pulled out in front of him. During the hearing, the defense focused on the question of whether Holloway refused a blood-alcohol test. The state argued that Holloway had refused, but Lee countered, stating that Holloway had not explicitly refused but instead requested an attorney before being denied an opportunity to take the test.
Another point of contention was the muting of audio on body cameras at the scene. Lee argued this amounted to the destruction of evidence, while Askins disagreed, stating that no evidence had been destroyed since the audio did not exist in the first place.
