ROCK HILL, S.C. - Prosecutors say a Rock Hill Police detective was not speaking for them when he told a man who would be charged with murder that all charges against him would be dropped if he gave up information about his street gang.
A lawyer for 20-year-old Abbdul Emmanuel is asking that a judge force prosecutors to keep the investigator's promise.
But Solicitor Kevin Brackett said the detective didn't know Emmanuel would be charged with murder the next day and the solicitor's office is given the sole power to decide whether to prosecute cases in South Carolina, according to court papers obtained by The Herald of Rock Hill.
Emmanuel faces 13 charges in all, including a Jan. 10 shooting death and several other 2013 drive-by shootings that authorities said are part of a feud between his gang, 715 FAM, and a rival gang.
After he was arrested for a non-fatal shooting in January, the detective told Emmanuel he could walk out of jail if he told police about the organization and leadership of his gang said Emmanuel's attorney, Tyler Burns.
That deal prompted Emmanuel to speak to officers without a lawyer and tell them what they wanted to know, Burns said.
In his motion asking for all charges to be dropped, Burns said detectives were acting as agents of the government and the judge should enforce the oral contract they made with Emmanuel.
At the time, police thought Emmanuel wasn't involved with the most violent behavior of his gang and investigators said he told him he wanted to help detectives, authorities said. Officers called Brackett, who said he would take any cooperation from Emmanuel under consideration, but did not make any promises, according to court papers filed by the solicitor.
"I have to know a little more about what I'm getting," Brackett said. "I can't provide anything when I don't know what I'm getting."
Emmanuel was released on bond after talking to detectives, but was arrested again the next day when investigators found evidence he fired the fatal shots in THE killing of 25-year-old Michael Giddens.
Information from: The Herald, http://www.heraldonline.com