WHEREAS, the Grand Jurors of Cherokee County indicted Billy Olin Wallace on July 17, 2003, on charges of possession with intent to distribute oxycontin and distribution of oxycontin, a controlled substance, in violation of Section 44-53-370(b)(1) of the South Carolina Code of Laws; and
WHEREAS, the South Supreme Court in Porter v. State, 290 S.C. 38, 348 S.E.2d 172 (1986) held possession of a controlled substance with intent to distribute is a crime of moral turpitude; and
WHEREAS, certified true copies of the indictments against Billy Olin Wallace have been provided to me; and
WHEREAS, Billy Olin Wallace is a member of the Cherokee County Council in South Carolina; and
WHEREAS, Article VI, Section 8 of the South Carolina Constitution provides that "[a]ny officer of the State or its political subdivisions . . ., who has been indicted by a grand jury for a crime involving moral turpitude or who has waived such indictment if permitted by law may be suspended by the Governor until he shall have been acquitted "
NOW, THEREFORE, pursuant to the authority vested in me by the Constitution and Statutes of the State of South Carolina, I hereby suspend Billy Olin Wallace from the Cherokee County Council. This suspension shall remain in effect until such time as he shall be formally acquitted or convicted.
This action in no manner addresses the question of the guilt or innocence of Mr. Wallace and should not be construed as an expression of any opinion one way or another on such question.
This order shall take effect immediately.
GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 17th DAY OF JULY, 2003.
Last Updated: Tuesday, July 7, 2009 at 11:14 A.M.