COLUMBIA, S.C. — The South Carolina Supreme Court voted 3-2 in favor of voiding the early release of convicted killer Jeroid Price. Price had been released last month, 16 years before finishing his 35 year sentence.
The state Supreme Court's decision came down just hours after they heard oral arguments in this case with Price's attorney claiming his release from prison was legal while the Attorney General argued it wasn't.
“The State failed. The State failed in this process," said Attorney General Alan Wilson.
That was the message from Attorney General Alan Wilson in today's hearing in the case of State vs. Jeroid Price.
“When we walk away as we don’t think there should be an ability in the law for individuals like a judge, a defense attorney, and a solicitor or an attorney general, myself included, should never be able to consent or enter into a secret agreement that violates the law and denies people their constitutional rights," said Wilson.
Price was serving time after being convicted in the 2002 killing of Carl Smalls at a Columbia bar. Representative Todd Rutherford, who serves as Price's attorney petitioned for his release. He said under statute 17-25-65, inmates can seek a reduced sentence if they provide substantial assistance.
He said that's what his client did and the law is designed to make inmates feel safe coming forward with information. Rutherford said sending Price back to prison would defeat the purpose of this statute by putting him in danger.
“Somebody who cooperated with the state of South Carolina can be placed simply in solitary confinement for the next 15 years is absolutely ridiculous and an affront to what the General Assembly tried to create when they created this statute," said Rep. Todd Rutherford.
Wilson said the judge was wrong to release Price early because South Carolina law mandates inmates serve at least 30 years for this type of conviction.
News 19 spoke to the family of Carl Smalls after the court's decision.
“We are so happy. There’s no words to express. We’re still traveling back to Charleston and we just got the call. We we were really down and out because we just didn’t know how the judges were gonna go," said the victim's mother Lillie Smalls, "I think it's done now I think he'll go on and accept his sentence and we won't have to worry about him anymore."
News 19 has reached out to Rutherford for reaction to the decision. He told reporters after Wednesday's hearing that Price is not hiding from anyone. As for Price, the Supreme Court said it's now up to law enforcement to bring him back to prison to finish his sentence.