A Conway (SC) man accused of planning an attack on the Temple Emanu-El synagogue in Myrtle Beach is scheduled to appear in federal court in Florence Tuesday afternoon. Benjamin McDowell, 29, is scheduled for a preliminary and detention hearing.
15th Circuit Solicitor Jimmy Richardson says that’s where McDowell should enter a plea and his bond, if any, will be determined. McDowell is charged with violation of possession of a firearm and ammunition by a prohibited person. He was arrested by the FBI on Feb. 15, according to J. Reuben Long Detention Center.
According to court documents, McDowell planned a shooting similar to the one carried out by Dylann Roof -the man convicted of the Charleston Mother Emanuel AME Church shooting.
ABC 15 sat down with Richardson to talk about the federal court process for McDowell. Richardson said since McDowell’s arrest, federal prosecutors are now working against the clock as they prepare for a potential trial.
“Really once you make an arrest at the federal system – you best be ready to try that within three months,” said Richardson.
He said federal prosecutors only have 90 days to prepare for trial. He said investigators typically have the case ready for trial before there’s an arrest. “There are very few cases that are handled in federal court anymore, very few. In fact any one of our prosecutors will have 400 or so cases well that might suffice for the whole federal system in the state,” said Richardson.
Richardson explained when a person enters a guilty plea or is convicted in federal court, it takes time for a judge to determine the length of their sentencing. “Even if a federal person were to plea guilty, they wouldn’t be sentenced like in state court, where it’s immediate. In federal court they will do a pre-sentence investigation,” he said.
He said that could take up to three months. If it does go to trial Richardson said the jurors could come from anywhere in the state.
Court documents show McDowell has requested a public defender. Richardson said a federal attorney will represent McDowell. We reached out to the federal public defender’s office in Florence to see who was assigned to his case, but their offices are closed for Presidents Day.
ABC 15 requested a SLED background check for McDowell. It showed that he was convicted of first degree burglary and attempted burglary in 2008 and was sentenced to six years in prison, but that was suspended to three years on probation under the Youthful Offenders Act.
He was also convicted of third degree burglary and aggravated assault in 2009. He was sentenced to five years in jail, but it was suspended to three years probation.
Later in 2009, he was convicted of another burglary charged and sentenced to six years in prison.
In 2011, he was convicted of petty larceny and then later of second degree burglary. He was sentenced to 18 months in prison for the burglary charge.
In 2013, he was convicted of malicious injury to personal property and third degree assault and battery. He was sentenced to 30 days in jail.
Richardson said a federal judge may take McDowell’s criminal background into account when discussing bond at his hearing.
By: Liz Cooper
Source: wpde.com
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