SC man pleads to lesser charge after being accused of sex crime, kidnapping 15-year-old
A former Heathwood Hall Episcopal School student who faced up to 60 years in prison after being accused of sexually assaulting and kidnapping a 15-year-old girl at a party in 2020 was sentenced to probation under a plea deal, according to authorities and court records.
Garrett Kennard, who denied the allegations, pleaded guilty last month to second degree assault and battery and was sentenced under the state’s Youthful Offender Act.
His attorney, Jonathan Milling, said he fought to have the charges dropped altogether. But the 5th Circuit Solicitor’s Office was unwilling to dismiss the case, Milling said.
“My client has not admitted to doing anything, but subjected himself to the jurisdiction of the court voluntarily ... he made a decision to proceed with (the plea) rather than running the risk of what could happen at trial because you never know what’s going to happen.”
Kennard entered an Alford plea, in which a defendant maintains his innocence but acknowledges there is enough evidence for a jury to find him guilty. A conviction under an Alford plea carries the same weight as a guilty plea or conviction by a jury.
Judge Robert Hood accepted the plea.
Kennard had been accused of locking himself in a bathroom with the girl during a party in Columbia in 2020. While in the bathroom, Kennard allegedly forced himself on the victim, who was inebriated, by kissing her and inappropriately touching her, according to an arrest warrant.
In addition, he forced her to perform a sex act and was putting on a condom when a witness intervened by knocking on the bathroom door, according to the warrant.
“Defendant quickly pulled up his pants and placed the condom in the trash and unlocked the door, stating the victim was getting sick so he was helping her,” the warrant said.
The girl was treated by a sexual assault nurse examiner at an area hospital, according to a news release issued in 2020 by the Columbia Police Department.
Fifth Circuit Solicitor Byron Gibson said his office agreed to the plea deal because after examining the evidence, prosecutors believed they did not have enough to convince a jury beyond a reasonable doubt and secure a conviction on the initial charges.
Gibson emphasized that his office’s decision was supported by the victim’s family. “The family was present at the hearing, represented by counsel, and thought the lesser charge was appropriate,” Gibson said.
The victim was represented by attorney Jim Griffin, who said there were several reasons why she found the plea deal acceptable. The most notable was a desire to move on with her life.
“This happened years ago and the victim has graduated high school,” Griffin said. “She’s in college and moving on with her life, and whenever a victim of sexual assault or misconduct has to testify at trial, it’s a very traumatic experience. And because she is doing so well, I was in favor of the plea for her because I did not want this trial experience to knock her off the successful path that she’s on, despite what happened to her.”
Kennard, who was arrested in February 2020, was released shortly thereafter on a $20,000 bond. Under South Carolina law, second degree assault and battery carries a fine of up to $2,500 and up to 3 years in prison.
But instead of jail time, Kennard was sentenced to probation under the state’s Youthful Offender Act. He must also abide by a restraining order, preventing him from contacting the victim.
Kennard, 23, will be on probation until age 26 and must follow certain probationary parameters, at the risk of being sent to jail.
John Monk contributed reporting.
