Convicted Moncks Corner sex offender committed to state after February release from prison

4-22-15 South Carolina:

A convicted rapist out of Berkeley County who was set to be released from prison in February has been civilly committed to the S.C. Department of Mental Health Sexually Violent Predator Treatment Program.

Michael Myers, 40, a former resident of Moncks Corner, was sentenced to 30 years in prison after pleading guilty on Dec. 10, 1992 to criminal sexual conduct in the first degree, burglary in the first degree and two counts of assault with a deadly weapon, according to a release from the S.C. Attorney General’s Office.

In February 1992, Myers forced his way into a 30-year-old woman’s apartment at knife-point and repeatedly raped her while forcing her 10-year-old son to watch, the release states. He also threatened to kill them.

Deputies with the Berkeley County Sheriff’s Office responded to neighbors’ reports of screams coming from the apartment, and arrested Myers as he tried to run away.

Prior to his scheduled February 2014 release from prison, the state initiated an action under the Sexually Violent Predator Act, seeking Myers’ civil commitment to the S.C. Department of Mental Health for long-term control, care and treatment, according to the release.

In the Matter of the Care and Treatment of Christopher Taft, Petitioner

---

July 1, 2015 South Carolina:

In the Matter of the Care and Treatment of Christopher Taft, Petitioner.

In this civil commitment proceeding, Christopher Taft was found to be a sexually violent predator and was committed to the South Carolina Department of Mental Health. He now argues the trial court should have granted his motion for directed verdict because the State failed to present sufficient evidence under the Sexually Violent Predators Act (the SVP Act) that he was presently likely to reoffend if not confined.

We agree and reverse.

... ... ...

We decline to accept the State's argument that an expert's evaluation from a prior criminal proceeding is sufficient to prove an individual is a sexually violent predator. If this were so, it would obviate any possibility of rehabilitation during incarceration.

Further, it would violate the legislature's statutory scheme, which clearly envisions a new civil commitment proceeding based upon current evidence that the individual suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.

In this case, Dr. Jackson opined that Taft did not meet the definition of a sexually violent predator under the SVP Act and Dr. McKee testified he could not say Taft was presently a sexually violent predator because he had not evaluated him since 2009.

Accordingly, we find the State failed to present sufficient evidence that Taft had a current risk of reoffending which would allow a jury to conclude he was a sexually violent predator.

---