ICE is the ‘bogeyman’ in SC murder case where 6 immigrants charged, lawyer says
Three undocumented immigrant teens accused of plotting a South Carolina robbery that ended with the May shooting death of a Lancaster woman will remain jailed — despite the lawyer for one of the teens saying ICE is ”the bogeyman” because of threats of deportation.
Three teens ages 13, 14 and 15, along with three charged as adults, ages 21, 18, and 17, face murder and other charges in the May 2 killing of Larisha Sharell Thompson, 40. She was gunned down in her car on Riverside Road between Lancaster and Rock Hill after the six plotted to rob her, authorities allege.
All six from Honduras have been in jail without bail since their arrest days after the crime. The three juveniles had Family Court appearances Tuesday in Lancaster County that are required a month after arrest to keep children in custody pending trial.
Lancaster County Prosecutor Melissa McGinnis told Judge Coreen Khoury all six defendants face immediate ICE arrest and deportation if released before trial. She said the suspects should stay jailed in South Carolina and face adult trials because of the “horrific” crime.
The Department of Homeland Security ICE detainer is a “cherry on top” to keep them in custody to face the charges, McGinnis said.
If deported by ICE, “these young men would not be held accountable in the death of Ms. Thompson,” McGinnis said.
The defendants exchanged text messages after the crime including “Mission Fail” and “It’s OK we will get something next time,” McGinnis said of the botched robbery where the crew got no money. The messages showed they planned more crimes, McGinnis argued.
The Herald is not naming the juvenile defendants because of their ages.
Defense: ICE is the bogeyman
Veteran defense lawyer John Freeman, attorney for the 15-year-old, told Judge Khoury the case is the first time he has ever seen “Uncle Sam” — Immigration and Customs Enforcement — as a reason to keep a child locked up. Freeman said all in court Tuesday have seen the news reports of ICE pulling undocumented immigrants from courthouses across the country — although it did not happen Tuesday in Lancaster.
Lancaster County borders Charlotte. ICE has made arrests just 30 miles away at courthouses in Charlotte, The Charlotte Observer has reported.
The 15-year-old accused of being in the plot is not the alleged shooter. All sides agree the accused shooter is the 21-year-old defendant, Freeman said.
“Should we have the bogeyman who is ICE come in — they could be in the hallway right now — the state (prosecution) is making Uncle Sam the bad guy,” Freeman argued.
He claimed the child should be released to his parents with an ankle monitor pending trial no matter if ICE was waiting to grab him.
Yet Judge Khoury argued that because of the ICE detainer, ICE would immediately take him into federal custody.
“He wouldn’t be staying with his family because of the detainer,” Khoury told Freeman. “It looks to me like he would be taken away. An ankle monitor is not going to prevent them from taking him away.”
Freeman countered the issue is whether the child stays jailed in a murder case — not the threat of ICE swooping in.
“If ICE wants to get somebody they will get them,” Freeman said.
Khoury said ICE has known for a month about the defendants in South Carolina juvenile and adult jails but federal agents have not tried to take any of them into custody.
Khoury ruled to keep the boy jailed, saying he was a threat to the community if released based on the crime and because the defendants allegedly plotted more crimes.
Lawyers for the other two juveniles — ages 13 and 14 — waived detention hearings Tuesday so all three will remain jailed.
Families crying in court
Family members of the three defendants cried in court Tuesday as the boys were brought in. Two of the families needed Spanish-English interpreters.
On the other side of the courtroom, Thompson’s family sobbed as prosecutors told the judge how she was targeted and shot to death in a random attack.
Thompson’s mother, Debra Chavis Thompson, said she understands why the accused boys want to go home and the tears fell in court.
“I understand why they are crying,” Chavis Thompson said. “But my daughter had a birthday on June 1st. It wouldn’t be fair for them to get to go home ... We can’t bring my daughter back.”
