COLUMBIA, S.C. — The lawyer for a convicted South Carolina killer ordered to return to prison said his client should turn himself in, but added that the circumstances of the return are cruel for his client.
Attorney Todd Rutherford spoke late Friday afternoon outside his office where he told reporters that his client, Jeroid Price, that he should surrender to authorities. He said he is unclear if his Price is even aware he's supposed to return to prison.
"He needs to turn himself in, he doesn't have a choice," Rutherford said.
The South Carolina Supreme Court ordered Price be put back behind bars Wednesday, ending a controversy over Price's early release from prison.
Price had been serving a 35-year sentence for the 2002 killing of Carl Smalls Jr. at a Columbia nightclub. But in December, now retired Circuit Court Judge Casey Manning issued a sealed order releasing Price from prison, 16 years before his sentence was to have ended. Price and Rutherford had petitioned for the release, presenting evidence to the judge that Price had helped save the lives of three prison guards and had warned of a prisoner escape while in custody. A provision of state law allows for early release in cases where inmates provide extraordinary help to law enforcement.
In March, Price left prison after 19 years behind bars. But weeks later, word of his early release got out to the former prosecutor in Price's criminal trial and the victim's family, who both raised concerns. South Carolina Attorney General Alan Wilson then got involved and questioned the order releasing Price, saying state law mandates murder convicts serve a minimum of 30 years in prison and arguing that there should have been a public hearing on his early release request.
But Rutherford disagreed.
"Price did nothing to deserve this," Rutherford said. "He was released legally from jail. He did not escape. He walked out with a judge's order."
Eventually, the South Carolina Supreme Court agreed to take up a motion from Wilson to return Price to prison. Hours after hearing oral arguments, the justices voted 3-2 Wednesday to void Judge Manning's decision and order Price back behind bars.
So far, Price hasn't returned to custody. The South Carolina Law Enforcement Division Thursday called for Price to turn himself in, and Richland County Sheriff Leon Lott said he and other agencies are working to get Price back in custody. Lott also said Price represents a threat to the community and is offering a $5,000 reward for information leading to his capture.
Rutherford, though, said he doesn't believe his client is a danger to the public, pointing to his assistance to law enforcement. And now he worries his client may be a serious risk if he returns to prison, since other inmates will know he provided information to authorities.
"Mr. Price has done everything that a model citizen should have done while in the department of corrections, released on a judge's order, and now, with his life being in jeopardy, be place right back in a spot where he tried so desperately to get out of," Rutherford said.