Convicted former Chester SC Sheriff Underwood gets delay in when to report to prison
A federal judge ordered Wednesday that former Chester County Sheriff Alex Underwood will have a month-long delay before reporting to prison.
Underwood had been scheduled to report to prison Thursday.
It remains unclear whether that reprieve will go longer while Underwood’s appeal of his convictions and sentence go through federal courts.
Underwood was elected sheriff in 2012 and 2016. He was indicted in 2019 and suspended from office.
Underwood, 59, was sentenced in July to 46 months in prison after he was convicted of corruption and other charges. The charges came in 2021 while he sheriff of the rural South Carolina county located between Columbia and Rock Hill.
In July, Federal Judge Michelle Childs ordered that Underwood would report to prison by Sept. 15.
Late Wednesday, a different judge, Joseph Anderson Jr., ordered that Underwood can remain free until at least Oct. 14, court documents show. Anderson was assigned the case after Childs was appointed to a Washington. D.C. court.
“The Court finds it prudent to delay the defendant’s reporting date by 30 days from the date of this order to allow time to adjudicate the defendant’s motion for appellate bond,” Judge Anderson’s order states.
Underwood’s appeal
Underwood’s lawyers filed documents Monday asking for him to stay free on bond as the appeal of his sentence and conviction continues.
“Mr. Underwood has steadfastly maintained his innocence and he was acquitted of three counts after trial,” his lawyers wrote. “He continues to assert his innocence and is pursuing a direct appeal of his convictions and sentence.”
Underwood convicted in 2021
Underwood was convicted in April 2021 after a 10-day trial on charges of conspiracy to commit wire fraud, federal program theft, falsifying records, an attempted cover up and unlawful arrest of a Chester County man in 2018, court records show.
Underwood was convicted of falsely arresting a man after the former sheriff confronted the man doing a Facebook Live video. The arrest was covered up with false reports and lies to the FBI, according to court testimony and documents. Underwood also was convicted of using deputies for manual labor at a barn at his home for a “man cave,” and taking federal DUI checkpoint pay for time he did not work, the documents show.
Underwood did not testify at trial and pleaded not guilty. Underwood said July 11 at sentencing that he never took anything and did not violate anyone’s civil rights, despite prosecutors evidence presented at trial.
Federal prosecutors are opposed to the bond and delay in reporting to prison, according to court documents filed by Underwood’s lawyers.
However, prosecutors have not yet filed any documents about Underwood opposing bond or delaying reporting to prison.
Federal prosecutors with the U.S. Department of Justice who convicted Underwood called him “a crook and a bully” at sentencing July 11.
Anderson gave federal prosecutors three weeks to file documents arguing against Underwood remaining on bond during the appeal after October 14, documents show.
Two former top deputies were also convicted in the 2021 trial and sentenced to prison terms on July 11.
The Bureau of Prisons Web site shows former chief deputy Robert Sprouse is in prison at the Cumberland federal corrections facility.
The Web site does not show former Lt, Johnny Neal in custody despite his reporting date being set for Sept. 1. Neal asked for a three month reprieve to report but Anderson denied that request in an order dated Sept. 7.
