SC appeals court upholds 60-year sentence for teen who raped Winthrop student
A South Carolina appeals court has unanimously upheld the 60-year sentence a York County judge handed down to a armed rapist who was 16 years old when he attacked a Winthrop University student.
Terry Shaimek Tyler, now 22, beat the woman with the gun and sexually assaulted her on railroad tracks in February 2019. He then stole her car before police caught him later that day joyriding.
Judge Bill McKinnon sentenced Tyler in 2021 after he pleaded guilty to first-degree criminal sexual conduct, kidnapping, armed robbery, grand larceny, possession of a weapon during a violent crime, and possession of a stolen gun.
Tyler’s appeals lawyers claimed the severity of the sentence is unconstitutional and is the equivalent of a life without parole sentence. But prosecutors disagreed — and now so does the appeals court.
The S.C. Court of Appeals said in its decision Tyler “pled guilty to multiple offenses,” and 60 years does not violate state or federal sentencing laws.
Prosecutors: Horrific act of violence
16th Circuit Solicitor Kevin Brackett told The Herald Wednesday that Tyler’s crimes were an “horrific act of violence.” Many prosecutors worked the case, including Deputy Solicitor Betty Miller and Assistant Deputy Solicitor Chris Epting.
In the 2021 sentencing hearing, Miller told the judge how the case was terrifying for any family sending a student to college.
“We believe Tyler earned every one of the 60 years he was sentenced to for that crime, and we are gratified that the Court of Appeals agreed,” Brackett said. “Our thoughts are with the victim today and we look forward to the end of this man’s appeals — and the day she can move forward knowing the sentence imposed is final.”
Tyler was represented in the appeal by Jessica Saxon from the the S.C. Commission on Indigent Defense, court documents show. The Herald was told in a phone call the office could not comment on the appeals court ruling.
It is unclear if Tyler will ask the S.C. Supreme Court or the U.S. Supreme Court to review the case.
The crimes
In court in 2021, the victim told Judge McKinnon she would have a lifelong battle with post-traumatic stress disorder and depression after the attack.
Tyler and the victim did not know each other. Tyler claimed he lost his keys while outside the woman’s apartment, then put a gun to her face. That part was captured on surveillance video.
After the attack, she had to walk a half mile for help before police launched a citywide search.
Police and prosecutors had the surveillance video plus DNA evidence against Tyler.
