Why were charges dismissed in the Pawleys Island church case? An attorney explains

GEORGETOWN COUNTY, SC (WMBF) - A magistrate judge dismissed all charges against the defendants in the Pawleys Island Community Church case Friday after a preliminary hearing in Georgetown County.

The case drew attention in July after the Georgetown County Sheriff’s Office said Warren Perry, a convicted sex offender, had worked as a custodian at Pawleys Island Christian Academy, which is connected to the church.

Former pastor Don Williams and former academy director Niki Howard faced charges of obstruction of justice, unlawful placing of a child at risk and conspiracy. Ginny Williams, the church’s former guest services director, and Perry faced obstruction of justice and conspiracy charges. Michael Fields, the church’s former director of operations and missions, was later charged with unlawfully placing a child at risk.

Erin Bailey, an attorney for former Pawleys Island Christian Academy director Niki Howard, said questions about the South Carolina Department of Probation, Parole and Pardon Services’ supervision of Perry were part of the reason the charges were dismissed.

According to Bailey, previous probation agents told Perry that incidental contact with children was allowed. She also said SCDPPPS knew Perry volunteered at Pawleys Island Community Church and knew a preschool operated there.

“They had done a site visit to the church, so they were very well aware,” Bailey said. “They had met with Pastor Don Williams and given him guidelines under which Warren Perry could continue to volunteer as a groundskeeper at Pawleys Island Community Church, and those guidelines were followed.”

Bailey said the evidence presented at the hearing did not show that the defendants’ conduct met the elements of the crimes they were charged with.

“Every single crime has specific elements, a specific checklist of things that need to happen,” Bailey said. “And in this case, the conduct just did not meet the elements of the crimes that they were charged with.”

The state also relied on photos of Perry at a preschool water-day event and a foot-washing ceremony to argue that he had contact with children, according to Bailey.

Those were the same photos Sheriff Carter Weaver showed during a July news conference announcing the arrests.

During the hearing, the judge said the charges did not meet the required legal elements and, in some instances, that there was no probable cause to support them, according to video posted by Gab News.

The judge also said the church had cooperated with law enforcement and that no information was withheld when people were questioned.

Bailey said people connected to the church may have exercised poor judgment, but she argued that poor judgment did not necessarily rise to the level of a crime.

“Whether what she did was a crime or not, you know, I think everybody can agree that some bad judgment was used,” Bailey said. “That doesn’t mean it rises to the level of a crime.”

She said the defendants, other than Perry, had spent their lives working in churches and had never previously had negative interactions with law enforcement.

“So, I think for each defendant, they’re going to have to figure out how to rebuild their whole life, you know, they have to find new employment, they have to decide whether they’re going to stay here or try to move somewhere else to restart,” Bailey said.

The only matter still pending, Bailey said, is a probation violation against Perry. A judge heard that matter Oct. 29 and took it under advisement.

WMBF News has reached out to the South Carolina Department of Probation, Parole and Pardon Services for comment.

Charging agency reacts

Weaver addressed the ruling in a message sent to the Georgetown County community.

How the case began

According to documents, a concerned parent contacted the Georgetown County Sheriff’s Office on July 13 about Perry working as a custodian at Pawleys Island Christian Academy.

The report says Perry had previously told authorities he was volunteering at Pawleys Island Community Church but had not disclosed that the church also operated a school.

The parent told deputies Perry was working as a custodian at the school.

Because the South Carolina Sex Offender Registry did not have a designated field for volunteer positions, Perry’s information was entered into OffenderWatch as a volunteer position at the church, according to the documents. The information was publicly viewable.

Documents show that when deputies contacted the South Carolina Department of Probation, Parole and Pardon Services, an agent also said Perry had not disclosed the school.

Civil court

The criminal case is separate from several civil lawsuits filed against the church, school, former church leaders, Perry and, in one case, SCDPPPS.

One lawsuit alleges Perry sexually abused a child at Pawleys Island Christian Academy in 2022. Another lawsuit alleges SCDPPPS failed to properly monitor Perry. The agency has said it does not comment on pending litigation.

The Georgetown County public index lists six civil cases naming Pawleys Island Community Church as a defendant.

One of those cases, filed by the parents of a child who attended the academy, also names SCDPPPS as a defendant. The parents allege the agency failed to properly supervise and monitor Perry.

SCDPPPS has asked the court to dismiss the case, arguing the plaintiffs lack standing, the agency did not owe them a legal duty, and state law provides immunity. The plaintiffs filed an opposition to that request.

The judge took the motion under advisement.

A separate federal class-action lawsuit was dismissed without prejudice in October on jurisdictional grounds. The federal judge’s ruling did not decide the abuse allegations, and the dismissal did not resolve the related state lawsuits.

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