Pubdate: Thu, 07 Jul 2005
Source: Sun News (Myrtle Beach, SC)
Copyright: 2005 Sun Publishing Co.
Contact:  http://www.myrtlebeachonline.com/mld/sunnews/
Details: http://www.mapinc.org/media/987
Note: apparent 150 word limit on LTEs
Author: Kenneth A. Gailliard and Tonya Root
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

OFFICIAL FACES 14 COUNTS

Herring Free On Bond, Still Serving On Loris Council

CONWAY - A Loris City Councilman, described by some as a generous 
friend to his community, faces 14 charges related to the sale and 
possession of drugs at his business.

A list of allegations against James Russell Herring, 57, was spelled 
out Wednesday during his bond hearing at J. Reuben Long Detention Center.

He is charged with two counts each of distribution of marijuana and 
distribution of marijuana within a half-mile of a school, four counts 
each of distribution of schedule III narcotics and distribution of 
schedule III narcotics within a half-mile of a school, and one count 
each of illegal possession of schedule II narcotics and unlawful 
possession of prescription medications.

"I think it's disgusting," Herring's friend Floyd Attaway said 
Wednesday of the charges against Herring, who is known as Russell in 
Loris. "They are treating him like a criminal.

"Russell reaches out to the entire community. You can owe him and 
he'll still give to you."

The charges have triggered a process that could threaten the 
four-term councilman's political future in Loris and might result in 
the permanent loss of his Russell's Super Service business, a 
convenience store, gas station and auto-repair shop.

The governor's office will review Herring's charges if he is indicted 
by a grand jury, Gov. Mark Sanford's spokesman Will Folks said. He 
could be suspended if indicted and removed from office if he is 
convicted or pleads guilty, Folks said.

Fifteenth Circuit Solicitor Greg Hembree's office has filed a lien 
against Herring's business, also known as Russell's Stop and Shop, 
and Herring's Food Mart. The filing is an early step in an attempt to 
seize the property, Hembree said.

Herring's business has been boarded up.

The possible seizure is a civil court matter that will be decided 
separate from the criminal charges, Hembree said.

It could be seized "If we prove he was selling drugs from the 
property," he said.

Prosecutors say Herring sold drugs to a confidential informant at 
least seven times between April and Tuesday, when his business was raided.

His bond was set Wednesday at $14,000 - $1,000 for each count. By 
that evening, Herring was released on bond, according to detention 
center records.

"This was a sad day for the city of Loris," Herring's wife, Myron 
Herring, said after the bond hearing. "He was set up because he 
turned someone in for a bad check."

Maria Elias-Williams, a Loris lawyer who represented Herring, said: 
"We'll sort it all out. He is an innocent man until proven guilty."

During Herring's bond hearing, 15th Circuit Assistant Solicitor Jimmy 
Richardson listed instances in which police said Herring sold 
marijuana or hydrocodone, sold as Lorcet, to an informant who wore a 
wire. The sales occurred at his business, police said.

It is common for police to use informants to make drug buys, Hembree said.

Herring was charged with making the sales within a half-mile of a 
school because his business is near Kids-n-Company daycare, Richardson said.

If convicted on all charges, Herring could face more than 80 years in 
prison, Hembree said.

He said Herring's charges likely will be presented to an the Horry 
County Grand Jury in mid-August.

Herring can continue to serve on City Council at least until the 
Grand Jury considers his charges.

"We'll just wait and see until we know more," Mayor David Stoudenmire said.

He called Sanford's office Wednesday to notify it of the charges, 
which is required by state law.

Officials from the governor's office requested certified copies of 
information related to Herring's arrest.

News of Herring's charges circulated Wednesday through Loris, a 
tight-knit community about 35 miles northwest of Myrtle Beach.

None of his neighbors or nearby business owners would comment, but 
most said the town has had problems with illegal drug activity.

Horry County Police Department investigated Herring based on a tip 
about drug sales at his business. Horry County narcotics officers 
have countywide jurisdiction, Loris Police Chief Herbert Blake said.

Herring's friend Attaway said the charges against Herring don't match 
his reputation in the community, where he is known for helping people.

L.C. Riggins, another friend, said that for years Herring has cooked 
chicken bog on Saturdays and always offered it to anyone who dropped by.

"That's a great man they have locked up there," he said Wednesday 
while waiting for Herring's release.
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