Attorney: Magistrate owes sailor apology

The attorney for a Navy sailor who spent 35 days in jail on felony DUI charges that were later dropped says a Berkeley County magistrate owes his client an apology.

Charleston attorney Andy Savage said his client, Brandon Pilarowski, spent more than a month in jail on unsubstantiated charges because a magistrate set an impossible bail condition without investigating whether there was probable cause to make an arrest.

In a letter sent to Magistrate James Polk and others Friday, Savage said that as a result of Pilarowski's extended jail stay, he lost pay; missed classes, stalling his graduation; lost his apartment lease; and lost a number of his belongings to repossession.

Savage said he was hired to represent Pilarowski two weeks ago.

"They (the charges) should have never been brought, and you, as an 'independent' and 'impartial' judge, were obligated to, at a minimum, question the probable cause which resulted in his incarceration," Savage wrote to Polk. "I am sure you realize the ingestion of drugs and/or alcohol is an element of the offense of Felony Driving Under the Influence. There was never any evidence of alcohol or drug usage."

Polk and Chief Magistrate Ava Bryant Ayers, who dismissed the charges against Pilarowski during a preliminary hearing Friday, both said they could not legally comment on a specific case. But Ayers said the purpose of bond court is to determine whether someone is a flight risk or a danger to society.

"Bond court does not investigate probable cause," Ayers said.

Savage also complained that Polk set a condition of a $750,000 bail that would have confined Pilarowski at the Charleston Naval Weapons Station. Savage said the condition was impossible because the brig can't legally hold someone on a civilian charge.

Polk signed a bond order placing Pilarowski in the custody of Navy Chief Nathan Woodhull, who appeared at the bond hearing with Pilarowski on June 5.

Woodhull said Friday that he told the magistrate that he was unsure it was possible to confine Pilarowski at the weapons station and that he would refer the issue to his supervisor, who then would contact the judge. Woodhull said he later found out that it was not possible.

"I am absolutely angered that the Berkeley County court system can hold the guy on felony DUI charges with no proof that he had been drinking at all," Woodhull said. "In my mind, this was a complete accident."

Timothy Capps, 43, of Myrtle Beach died and his passenger, Donald Ray Cochrane, 34, of Murrells Inlet was injured following a fatal head-on collision June 3. The Highway Patrol charged Pilarowski with felony DUI.

Savage called it a "premature arrest" but said he doesn't blame the Highway Patrol for what happened. "They were being aggressive law enforcement officers and that's what everyone wants them to be."

A Highway Patrol spokesman referred all questions about Pilarowski's case to the 9th Circuit Solicitor's Office. Deputy Solicitor Bryan Alfaro referred questions back to the Highway Patrol. "They'd have to tell you why the charges were originally made," he said.