A South Carolina prosecutor has announced that a 17-year-old rape case against popular radio and TV personality Lenard Larry McKelvey — aka Charlamagne Tha God — will not be reopened.
“The Breakfast Club” host was arrested on suspicion of raping a 15-year-old girl in 2001 and charged with second-degree criminal sexual conduct with a minor, theblast.com reported in a story that included the original indictment.
In 2002, McKelvey made a plea agreement, according to Scarlett A. Wilson, who is now the 9th Circuit Solicitor representing Charleston and Berkeley counties. He pleaded guilty to the lesser charge of contributing to the delinquency of a minor, while the rape charge was dismissed.
The now-32-year-old woman recently said that she wants to reopen a criminal case against McKelvey, Billboard reported. But because of the plea agreement, no further action against McKelvey can be taken based on the original charge, the prosecutor said.
Wilson released a statement on the issue Thursday after she said her office was contacted by numerous news outlets.
“South Carolina law is clear that once a defendant enters plea negotiations and a plea agreement is accepted by the court, due process requires the State to honor the agreement,” wrote Wilson, who became the 9th Circuit Solicitor in 2007. “We are duty-bound to honor the agreement in this case.
“The State’s prosecution has ended, and the dismissed charge against Mr. McKelvey will not be resurrected.”
In 2001, a then-22-year-old McKelvey was accused of “willfully, unlawfully and feloniously engage in penile/vaginal intercourse with a fifteen year old female child” at a party he threw in Summerville, according to the indictment.
The indictment describes how a friend of the 15-year-old found her in a “room ... naked and crying, stating she had been raped.”
After calling 911, the girls were taken to an area hospital where the “staff corroborated that a sexual assault had occurred.”
McKelvey was soon arrested and charged.
However, the case failed to move forward, and “the plea was negotiated because the alleged victim in the matter did not cooperate with the prosecutor,” Wilson said.
According to Wilson, the plea deal was made because of the girl’s “absence.” The girl’s mother recently said she was the reason why her daughter stalled the case.
The mother told theblast.com that she was trying to protect her 15-year-old daughter and stopped her from cooperating.
Without the girl, there was no case, Wilson said.
Wilson stated that “the law presumes that Mr. McKelvey is innocent of the dismissed allegation.”
McKelvey, who denied the allegations, was sentenced to 3 years of probation in the plea deal.
He also has denied the charges in a past radio interview and discussed the issue in his first book, “Black Privilege.”
On Thursday, McKelvey’s attorney, Michael Weinsten, also denied claims of a sexual assault.
“More than 17 years ago, Charlamagne was accused of a sexual assault,” Weinstein told TMZ. “He never had sexual relations or any physical contact with the accuser and even provided DNA to prove it.”
Earlier in his life, McKelvey had run-ins with the law. McKelvey sold drugs as a teenager and was twice arrested for possession of marijuana and cocaine with intent to distribute, according to The New York Times. McKelvey also told The New York Times that he was in a car when a shooting occurred, “and so all of us ended up going to jail for it.”
In addition to The Breakfast Club, McKelvey also appears on MTV2’s “Uncommon Sense” and co-hosts the Best of iTunes podcast “Brilliant Idiots.”
McKelvey got his start as a radio personality in Columbia on hip-hop and R&B radio stations Hot 103.9 and 93.9 FM.