Roof would be first in S.C. considered for hate crime related death penalty

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COLUMBIA, S.C. (WOLO) — A little more than a month after tragedy, the Federal Government indicted Dylann Roof on 33 counts Wednesday. “He’s death penalty eligible at this point,” Columbia lawyer Jack Swerling says. “That’s what it comes down to.” If the U.S. government decides to pursue the death penalty, Roof would become the first person in South Carolina to be considered for it as the result of being prosecuted for a hate crime. “Basically it allows prosecution of individuals who commit a crime for racially motivated reasons,” Swerling says. The Matthew Shephard James Byrd Hate Crimes Prevention Act was enacted in 20-10. It defines a “hate crime” as an illegal act that is motivated in part or whole by a bias against someone’s race, religion, disability, ethnicity, or sexual orientation. “It’s imperative to use these statutes to prosecute people who would commit such a heinous and awful crime,” Debbie Barbier, a Columbia-based criminal defense attorney says. South Carolina does not have a hate crime statute. It’s part of a group of only five states nationwide. Barbier, a former federal prosecutor, says that’s unfortunate. “This is obviously a tragedy of the highest degree, and it would’ve been perfectly suited to address this situation,” she says. A situation, which Swerling says, has given the feds more than enough evidence to use the hate crime law. “They can get jurisdiction in the federal courts based on the statute alone,” he says. Swerling, who worked as a federal criminal defense attorney, says now that the U.S. government has provided proof that this is a hate crime, a lengthy review process starts. It ends when U.S. Attorney General Loretta Lynch decides whether or not to pursue the death penalty. Roof’s state trial has been set for next June. Barbier says two separate trials will be planned. Even if Roof is put to death here in South Carolina, the federal trial still could end up happening if the authorities decide it’s necessary.