Chester man gets immunity under SC ‘stand your ground’ law in death case
A judge in South Carolina has granted immunity from prosecution to a Chester man in a fatal incident, according to court documents.
Circuit Court Judge Brian Gibbons dismissed a murder charge against Willie Caldwell III, a court order shows.
The ruling is from a January incident where another Chester man died after being cut, the order states. Corey Marcelle Bennett died in the incident, according to the order.
Caldwell had a hearing in August in Chester County court asking for immunity under South Carolina’s Protection of Persons and Property Act, the order states. The Herald obtained a copy of the judge’s written order issued after the hearing.
“I find the defendant was defending himself from a surprise attack...” Gibbons wrote in the order. “The Court finds that the defendant was not at fault in bringing on the altercation...”
Prosecutors under South Carolina law have the right to appeal the judge’s ruling to a higher court. Candice Lively, 6th Circuit deputy solicitor, said in a statement prosecutors do not intend to appeal the judge’s decision.
This story was originally published September 22, 2023 at 1:29 PM.
