Man accused of choking Rock Hill cop may face stiffer charges

A Rock Hill man accused of choking and threatening to kill a police officer could face attempted murder charges, prosecutors said Wednesday.

Police and prosecutors say Rock Hill Police officer Terry Nelson was attacked by Darius Jermale Stewart.

Stewart currently faces assault and other charges from the Oct. 29 fight at a youth sports game.. However, Prosecutor Sharon Kopp said in court Wednesday that she intends to seek an attempted murder indictment.

“The officer was sucker punched and choked,” Kopp said after court.

Nelson and other off-duty officers working security attempted to break up a fight between two adult women at Cherry Park. Stewart interrupted and assaulted the officer, Kopp said.

Other officers were spit on as they tried to place Stewart in custody, Kopp said.

“The defendant said three times during the incident, ‘I’m gonna kill that (expletive),’” Kopp told Judge Bill McKinnon.

Stewart’s statements were captured on police recordings, Kopp said.

Stewart, 31, had been jailed since then without bond.

Stewart was in court Wednesday because he wanted bond on the charges of assault and battery of a high and aggravated nature, three counts of throwing bodily fluids on an officer, and resisting arrest. Several Rock Hill officers were in court to oppose Stewart getting a bond.

Stewart faces up to 20 years in prison if convicted of the assault charge, but could face 30 years if prosecutors seek an indictment charge of attempted murder.

Stewart’s lawyer, Montrio Belton, declined after court to discuss what happened.

“I will respond accordingly if more charges are sought,” Belton said.

Belton said he argued in court that Stewart was entitled to a bond from the October arrest.

“Under our Constitution he is entitled to a bond,” Belton said.

Prosecutors then pointed out that Stewart was out on bond from a July arrest for felony child abuse at the time of the October incident. Both cases are pending.

McKinnon revoked Stewart’s bond from the July arrest. McKinnon said in court that Stewart violated the conditions of his July release by being arrested again. Trial dates have not been set for Stewart’s cases.