Did paperwork error cause sex assault charges against Beaufort bar owner to be dropped?

While two sexual assault charges against a Beaufort County restaurant owner were dismissed by a judge earlier this month, it is possible at least one of them could be refiled.

Ken Reed, owner of Maggie’s Pub in Habersham Marketplace, was arrested in September and charged with assault and criminal sexual conduct related to reports from five women who said Reed had assaulted them.

Two charges of third-degree criminal conduct were dropped after Reed’s attorney — Jared Newman — showed a judge passport records that documented Reed was out of the country on the two dates listed.

One of the women says an administrative error placed the wrong date on the arrest warrant. She says the date doesn’t match the time line she gave the Beaufort County Sheriff’s Office in a written statement.

Erin Wetherington, 32, filed a report in July. She says Reed exposed himself and forced himself into her mouth while she was working as a bartender at the restaurant.

The arrest warrant — provided to the Island Packet and Beaufort Gazette by Newman — states the incident took place on or about May 16.

The written statement Wetherington gave police states the incident happened “a week or so” after she purchased her car. A contract for the car says the purchase was April 5. Both the written statement and contract were provided to the newspapers by Wetherington.

A Beaufort County Sheriff’s Office police report says Wetherington told police the incident happened over the following weeks, after purchasing the car.

The Island Packet and Beaufort Gazette first reported on the allegations in August after three former employees filed reports and told the newspaper that Reed had assaulted them.

Beaufort County Sheriff’s Office Capt. Bob Bromage said Tuesday he was unable to discuss the case in detail.

“We are reviewing the investigation and cooperating with the solicitor’s office to ensure that all dates and information is correct,” Bromage said.

S.C. Attorney General’s Office spokesman Robert Kittle couldn’t speak specifically about the Reed case but said, generally, if there is an administrative error on paperwork, it can generally be corrected and charges can be refiled. He said double jeopardy — or prosecution of a person twice for the same offense — is the only exception.

The 14th Circuit Solicitor’s Office spokesman Jeff Kidd said he also couldn’t discuss the case because other assault charges are still pending against Reed. He said this included whether the solicitor’s office would still prosecute the dropped charges.

Newman did not return a call about the case on Monday. He has previously said his client is innocent and that he has evidence allegations related to the remaining assault charges are “highly improbably”.

This story was originally published November 14, 2018 at 9:25 AM.