PICKENS — Micah Rogers, who was accused of vandalizing Howard’s Rock on June 2, 2013, was found guilty of malicious damage under $2,000 in the incident, but not on the charge of grand larceny.
Rogers was sentenced to 30 days on the maxim charge, and to a $1,000 fine. Assistant Solicitor Baker Cleveland said Circuit Judge James R. Barber will not make Rogers serve any jail time as long as he finishes 25 days of community service and pays a $750 fine.
In addition, the judge as essentially prohibited him from enjoying any of the football season this year because he is requiring 12 of those 25 days to be served on Saturdays in September, October and November.
“I respect the verdict as it was,” Cleveland said. “I think Solicitor Wilkins … We always respect the jury’s verdict. This is the system we have. We have a lot of say so in cases when we are talking about pleas, but when you go to trial, it is truly in the jury’s hand.”
Rogers learned of his fate after the jury deliberated for nearly five hours on Thursday at the Pickens County Courthouse in Pickens. Three times the jury had to come back into the courtroom to review the surveillance video from the night of June 2 at Memorial Stadium, as well as audio from the testimony of a Clemson Police Officer who took finger prints from the crime scene.
They also asked to speak with the judge when they reached a stalemate four and a half hours into their deliberation. At that time Judge Barber instructed them to go back in the jury room and work through their issues a little longer.
“That is typical in a jury case,” Cleveland said. “The jury deliberates and do what they are supposed to do, and this jury did exactly that. This case was always about finding the person that damaged the rock and bring them to justice. The sentence was never something that was in consideration by this office and typically never is.
“That is up to judges to sentence. It’s about bringing the individual to justice and having them be responsible for their actions. In this case, the jury found in our favor and Mr. Rogers is now responsible for the crime he committed.”
The jury came back 20 minutes later after speaking with Judge Barber.
“My client and his family respect the jury’s verdict. We appreciate the time and the attention they put into the case,” Rogers’ attorney Frank Epps said. “We are very pleased that his conviction is to a misdemeanor. I think the judge’s sentence was appropriate given the situation.
“I ask that everyone continue to respect my client and his family’s privacy.”
Rogers, 20, had been charged with grand larceny of value over $10,000 and malicious damage to property.
It took one hour and 27 minutes for Eppes, to tell the 12-person jury why the 20-year old was not guilty in his closing argument, which focused on the testimony of Rogers’ childhood friend, Xavia Winn.
“If you look at everything in this record, you will see Xavia Winn’s testimony is not credible,” Eppes said. “His testimony is not credible, and that is reasonable doubt, and you should find my client not guilty of both of these charges.”
It took Cleveland about a half hour to tell the jury why Rogers should be found guilty. He said Rogers was “an obsessed Clemson fan that got a piece of the rock.” He said the state did not have to give play-by-play of the witness’ testimony or the video to prove Rogers’ vandalized Howard’s Rock.
“Xavia Winn heard it. Micah Rogers bragged about taking (a piece of the rock). That is all we need in this case, ladies and gentlemen,” Cleveland said.
Cleveland was right, that was all they needed. The jury agreed with him, just not on the charges the state was prosecuting for.
“This is the way the system is designed to work and I think in this case it worked in the way it was designed,” Cleveland said.
“Again, this case was never about how much time, it was about taking responsibility for your actions and this jury is going to make Mr. Rogers take responsibility for his actions.”