Mistakenly freed man turns self in
Smalls charged in constable's death
Brian Smalls
A man who disappeared after he was mistakenly let out of jail last month turned himself in Sunday.
Brian Smalls, 29, surrendered to deputies at the Charleston County Detention Center around 4 p.m., Charleston Sheriff's Lt. Kevin Whited said.
Smalls is charged as an accessory to last year's killing of Constable Robert Bailey in Lincolnville. On Sept. 26 he was mistakenly released from Berkeley County's Hill-Finklea Detention Center, where he was serving a sentence for a probation violation.
Previous story
Error by jail frees 'dangerous' inmate published 09/27/08
Whited said it wasn't clear yet where Smalls had been for the last month. Authorities had been working around the clock trying to find him. Investigators reached out to Smalls' family for help and enlisted the help of the U.S. Marshal's Fugitive Justice Task Force.
Smalls will not face additional charges, Whited said.
Smalls is considered to be a key figure in Bailey's case. He reportedly told investigators last year that he took Walter Fayall III, the accused triggerman in Bailey's shooting, to Charlotte, and that during the ride Fayall told him that he shot and killed Bailey.
Smalls had been held at the Hill-Finklea Detention Center in Berkeley County while he served time for violating the terms of his probation on auto break-in charges.
Charleston County investigators served Smalls with arrest warrants in the Bailey case while he was in jail, and a magistrate set bail on the accessory charge at $500,000, authorities said.
When Smalls completed his sentence on the probation violation last week, a staffer at Hill-Finklea contacted a warrants clerk at the Charleston County Sheriff's Office to see if the suspect should be released.
A computer check failed to flag Smalls as someone who needed to be held for transfer to Charleston County. He was then let go, authorities said.
Charleston County authorities have accepted blame for the mishap and pledged to correct the glitch to prevent a similar release from occurring in the future.
Reach Andy Paras at 745-5891 or aparas@postandcourier.com.
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Comments
armymom (anonymous) says...
GLITCH??!!
October 27, 2008 at 8:50 a.m. ( permalink | suggest removal )
kontact (anonymous) says...
On the way to Charlotte guy tells him he shot a cop and he gets arrested for no turning the guy in?? I m not sure what I would have done either. I know I would have been scared as h&ll if someone told me that and I weas in the car with them.
October 27, 2008 at 9:24 a.m. ( permalink | suggest removal )
My_Opinion (anonymous) says...
Can't say that I would know what to do in such situation either. I am glad he turned himself in.
October 27, 2008 at 9:41 a.m. ( permalink | suggest removal )
coolfreaknbeans (anonymous) says...
I definitely see your point kontact! I was thinking the same thing as I read the article. Thats one situation I sure as hell wouldnt wanna be in. How do you respond to that? Talk about a conversation that would have one of those awkward silences!
October 27, 2008 at 9:41 a.m. ( permalink | suggest removal )
DaisyMae (anonymous) says...
Yeah, can you see the conversation in that car.
"umm, dude, man, you need to go talk to the cops, dude.
"Yeah, but I don't wanna go to jail."
"well, it's the right thing to do. It's Charleston County and you got Scarlett Wilson on the job. You'll be out in 3 months."
"yeah, but I don't wanna go to jail.."
BLAM! "So, I ain't goin'"
October 27, 2008 at 11:23 a.m. ( permalink | suggest removal )
ms_lady2u (anonymous) says...
Very uncouth situation for Mr: Smalls,he did the right thing by turning himself in.
October 27, 2008 at 1:24 p.m. ( permalink | suggest removal )
willie08 (anonymous) says...
"A man who disappeared after he was mistakenly let out..."
Can someone please explain this to me? Is this common?
October 27, 2008 at 3:15 p.m. ( permalink | suggest removal )
kontact (anonymous) says...
cop killer: Man I killed a policeman
Mr Smalls: (thinking to himself-ohh sh!t, what am i going to do?) Alright dawg
cop killer: Take me to Charlotte
Mr. Smalls: (Thinking-I cant wait to get this dude out my ride@!!) Wherever you wanna go homie-we partners for life (thinking-i aint going to jail for this fool and he aint going to shoot me for not dropping him off neither)
October 27, 2008 at 3:30 p.m. ( permalink | suggest removal )
bmanusc (anonymous) says...
Thank you serialmooner. If that guy is not high as hell in that mugshot! Look at his eyes! If he is so right, why didn't he turn himself in right after he got let out. Hmm, maybe he should get that punk ass Andy Savage to represent him, like he does every other scum bag. Get him off of the charges b/c he is black and did the right thing. World is coming to an end on November 4. Get ready!
October 27, 2008 at 9:19 p.m. ( permalink | suggest removal )
BPFROM843 (anonymous) says...
i wouldnt turn myself in either hes charged with accessory to murder of a cop of all things and the whole reason they have a case against the trigger man is because this guy and the two woman in the case gave up information and do you think the soliciter is bending over to try to help them hell no thats why people dont snitch cuz it does not serve a purpose
October 28, 2008 at 1:07 a.m. ( permalink | suggest removal )
ms_lady2u (anonymous) says...
Cracker_Jackass- I'm not accecpting any applications for my fan club......Maybe some other time!
October 28, 2008 at 9:53 a.m. ( permalink | suggest removal )
palmettotree (anonymous) says...
You know I hate to say this but I would have been angry if they gave him more charges. It isn't like he escaped out of jail. It was the fault of the beauracracy. They are so inept. I am glad that he turned himself in. Some one must have been talking to him. Either that or it was getting too cold to sleep outside and he wanted 3 hots and a cot.
October 28, 2008 at 2:41 p.m. ( permalink | suggest removal )
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