WINNSBORO — A trespassing charge against Greg Ginyard was continued Monday morning after the arresting officer, Fairfield County Deputy Larry Godwin, was called away to an emergency assault investigation shortly before the scheduled court hearing.
Ginyard, the mayor of Jenkinsville, appeared in Fairfield County magistrate court on a charge of trespassing after he was warned or refused to leave, according to the ticket cited in court records.
When the case was called at 10 a.m., Monday, June 8, Ginyard’s attorney, Tyler Bailey of Bailey Law Firm in Columbia, moved to dismiss the charge with prejudice, arguing that the state could not meet its burden of proof because Godwin was not present.
“There’s no way to present any evidence against Mr. Ginyard,” Bailey told the court. “I respectfully move that this case be dismissed with prejudice given that we’re present today and the state can’t bear the burden of proof.”
Fairfield County Sheriff’s Deputy Capt. Trevor Duncan, appearing on behalf of the Sheriff’s Office, explained that Deputy Godwin had been dispatched to an assault call involving a possible stolen vehicle and a possible break-in.
“We’re working with three cars for 710 square miles,” Duncan said. “We know that we have court, but we also have to serve the citizens of Fairfield County who call.”
Duncan told the court the call came in at 9:24 a.m. and that he was the only remaining active road deputy available, while also covering court.
Bailey argued that Ginyard’s constitutional rights should take precedence and noted that no formal motion for a continuance had been filed.
“Everybody has lots of obligations, but the Constitution, the rights are irrespective of what’s going on a particular morning,” Bailey said.
After reviewing time and logistical information presented by Duncan from his Sheriff’s Office phone, Magistrate Judge Vanessa Holland declined to dismiss the case and instead ordered it rescheduled for a later date.
Bailey then requested that the matter be set for a jury trial when it is rescheduled.
Neighbor Dispute
Ginyard was arrested last month following a complaint from a neighbor who alleged that the mayor repeatedly came onto the neighbor’s property despite being told not to return.
According to the Fairfield County Sheriff’s Office incident report, deputies responded to a complaint involving a property dispute in the Jenkinsville area. The complainant told deputies that Ginyard had been warned to stay off the property and had returned anyway.
Deputy Godwin issued the trespassing citation after interviewing the parties and determining there was probable cause for the charge, the report stated.
The charge is a misdemeanor offense under South Carolina law and generally applies when a person enters or remains on property after being warned not to do so or refuses to leave when asked.
Ginyard has denied wrongdoing through his attorney and is expected to contest the charge when the case returns to court.
The court has not yet announced a new hearing date.