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Will Watkins charges be dropped?

  • Gary barnes is the "Judge" that will be hearing this case.................below is his bio from the City website..........nah he ain't bias

    From the Football Field to the Bench...
    On August 16th, 1986, Gary Barnes was sworn into office as the first full-time Municipal Court Judge for the City of Clemson. On September 14, 2002, Judge Barnes was recognized for his contributions to Clemson football history when he was inducted into the Clemson Athletic Hall of Fame. Incidentally, he is also the first City of Clemson employee to become a member of the Clemson Athletic Hall of Fame.

    please note his knowledge of the law when approached to become a judge

    Judge Barnes was initially asked, in a private conversation, by Council member Gaston Gage to consider an appointment to the Court. Barnes replied, “I don’t know anything about the law or the courts – how do you think I could do this job?”

    signature image signature image signature image

    CockOracle

  • CockOracle said...

    First of all. These are currently City charges so the City Magisrate can do whatever he wishes with the charges. This is SC that we live in. Only in SC can a person be appointed a Magistrate with no legal education. He doesn't need a law degree nor is he required to even understand the law. Once appointed by the Governor the Magistrate has one year to become certified which means he or she has to pass a common sense test.

    So to say the charges would not be dropped is a mistake. It happens all the time in Magistrate courts through out SC. One call from the Governor or some high ranking State Senator and the magistrate will fold. Magistrates a appoint every four years. The local county legislators meet to recommend the magistrates to the Governor. So the magistrate is beholding to the local legislators and they OFTEN dismiss charges. Any attorney that has ever appeared before a magistrate on the city or county level will tell you that they can get charges like this disposed. They go into the prelim hearing with tons of print outs from WestLaw concerning how the officer should have done this or that and the magistrate doesn't understand any of it and just drops the charges.

    Don't believe me? Next time you get arrested on minor charges call me, I will prove it to you.

    I assure you the magistrate has a law degree. It came from USC. I can also say with great confidence that he will follow the letter of the law.

    Jefe5235

  • CockOracle said...

    Gary barnes is the "Judge" that will be hearing this case.................below is his bio from the City website..........nah he ain't bias

    From the Football Field to the Bench...
    On August 16th, 1986, Gary Barnes was sworn into office as the first full-time Municipal Court Judge for the City of Clemson. On September 14, 2002, Judge Barnes was recognized for his contributions to Clemson football history when he was inducted into the Clemson Athletic Hall of Fame. Incidentally, he is also the first City of Clemson employee to become a member of the Clemson Athletic Hall of Fame.

    please note his knowledge of the law when approached to become a judge

    Judge Barnes was initially asked, in a private conversation, by Council member Gaston Gage to consider an appointment to the Court. Barnes replied, “I don’t know anything about the law or the courts – how do you think I could do this job?”

    Well, I know the other magistrate.

    Jefe5235

  • CockOracle said...

    First of all. These are currently City charges so the City Magisrate can do whatever he wishes with the charges. This is SC that we live in. Only in SC can a person be appointed a Magistrate with no legal education. He doesn't need a law degree nor is he required to even understand the law. Once appointed by the Governor the Magistrate has one year to become certified which means he or she has to pass a common sense test.

    So to say the charges would not be dropped is a mistake. It happens all the time in Magistrate courts through out SC. One call from the Governor or some high ranking State Senator and the magistrate will fold. Magistrates a appoint every four years. The local county legislators meet to recommend the magistrates to the Governor. So the magistrate is beholding to the local legislators and they OFTEN dismiss charges. Any attorney that has ever appeared before a magistrate on the city or county level will tell you that they can get charges like this disposed. They go into the prelim hearing with tons of print outs from WestLaw concerning how the officer should have done this or that and the magistrate doesn't understand any of it and just drops the charges.

    Don't believe me? Next time you get arrested on minor charges call me, I will prove it to you.

    My goodness, this post is wrong on so many levels, no flame.

    Magistrates don't preside over city courts. Municipal judges do. They are not beholden to anybody outside the city limits.

    Magistrates are county judges. There are no doubt some bad ones, but by and large, they are qualified and do a great job with impossible case loads. I won't even get into the vague and baseless accusation that magistrates are mere puppets to their local legislators.

    I have little doubt that Watkins will get this charge dropped, but it's not going to be summarily dropped. I presume he is a first-time offender, and charges such as the ones he is facing routinely get dropped, mostly after something like PTI or some other sort of probationary/counseling program. The charges aren't the big of a deal. The bigger deal is the blow to Sammy's reputation and the "we're all angels nobody ever gets in trouble in Clemson" thing.

    signature image

    CL4170 ●

  • C&L said...

    My goodness, this post is wrong on so many levels, no flame.

    Magistrates don't preside over city courts. Municipal judges do. They are not beholden to anybody outside the city limits.

    Magistrates are county judges. There are no doubt some bad ones, but by and large, they are qualified and do a great job with impossible case loads. I won't even get into the vague and baseless accusation that magistrates are mere puppets to their local legislators.

    I have little doubt that Watkins will get this charge dropped, but it's not going to be summarily dropped. I presume he is a first-time offender, and charges such as the ones he is facing routinely get dropped, mostly after something like PTI or some other sort of probationary/counseling program. The charges aren't the big of a deal. The bigger deal is the blow to Sammy's reputation and the "we're all angels nobody ever gets in trouble in Clemson" thing.

    THIS. Well said. I was thinking PTI as well, assuming he hasn't already used his PTI for something else. And regarding the error in the warrant, warrants don't get kicked because of some scrivener's error like the one in Watkins's warrant. He'll do PTI and it will go away, if it doesn't get kicked before that.

    Traveling Light ●

  • This is just BS. What reason would a lawyer have to call this moron about representing Watkins. Plyler is not his guardian, agent, adviser or anything else for Watkins.

    Garnet101

  • C&L said...

    My goodness, this post is wrong on so many levels, no flame.

    Magistrates don't preside over city courts. Municipal judges do. They are not beholden to anybody outside the city limits.

    Magistrates are county judges. There are no doubt some bad ones, but by and large, they are qualified and do a great job with impossible case loads. I won't even get into the vague and baseless accusation that magistrates are mere puppets to their local legislators.

    I have little doubt that Watkins will get this charge dropped, but it's not going to be summarily dropped. I presume he is a first-time offender, and charges such as the ones he is facing routinely get dropped, mostly after something like PTI or some other sort of probationary/counseling program. The charges aren't the big of a deal. The bigger deal is the blow to Sammy's reputation and the "we're all angels nobody ever gets in trouble in Clemson" thing.

    I honestly don't mind being called into question as it is something that happens all the time on this site with almost any poster so I never take it personal - no flame intended either but here are the facts....

    www,judicial.state.sc.gov

    The council of each municipality may establish, by ordinance, a municipal court to hear and determine all cases within its jurisdiction. Such courts are part of the unified judicial system. It should be noted, however, that a municipality may, upon prior agreement with county governing body, prosecute its cases in magistrate court, in lieu of establishing its own municipal court. In addition, the council may establish, by ordinance, a municipal court, and contract with the county governing authority for the services of a magistrate to serve as its municipal judge. The Chief Justice, pursuant to his/her powers as administrative head of the unified judicial system, would, in turn, delegate authority to the Chief Summary Court Judge of the county to assign a specific magistrate as municipal judge.

    So we both are correct in some degree. All judges regardless of their standing are considered magistrates under the unitified system that Chief Justice Toal was mandated to protect the public and to force standards of operation through out the SC Court system. I work within the system and I sadly I see everyday how some (not all but more than one would think) "judges" (I prefer to call them what they are magistrates) error in dealing with cases everyday. Due process in SC is a joke and that's not opinion it's fact.

    I am all about law and order but when you see the mistakes or errors that are made daily, case load isn't an excuse for lack of knowledge.

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    CockOracle

  • I think it would be in all of their best interests to get this out of the news as quickly as possible, but it is Clemson.

    crt712

  • If the judge throws them to him, yes...

    JWD843

  • CockOracle said...

    First of all. These are currently City charges so the City Magisrate can do whatever he wishes with the charges. This is SC that we live in. Only in SC can a person be appointed a Magistrate with no legal education. He doesn't need a law degree nor is he required to even understand the law. Once appointed by the Governor the Magistrate has one year to become certified which means he or she has to pass a common sense test.

    So to say the charges would not be dropped is a mistake. It happens all the time in Magistrate courts through out SC. One call from the Governor or some high ranking State Senator and the magistrate will fold. Magistrates a appoint every four years. The local county legislators meet to recommend the magistrates to the Governor. So the magistrate is beholding to the local legislators and they OFTEN dismiss charges. Any attorney that has ever appeared before a magistrate on the city or county level will tell you that they can get charges like this disposed. They go into the prelim hearing with tons of print outs from WestLaw concerning how the officer should have done this or that and the magistrate doesn't understand any of it and just drops the charges.

    Don't believe me? Next time you get arrested on minor charges call me, I will prove it to you.

    Try again. Possession of Schedule IV narcotics is a general sessions charge, not a city charge, and will be handled by the solicitors office. The simple possession is magistrate level offense and will be handled in Pickens County magistrates court. You've got your governmental entities all out of whack.

    WCGamecock

  • Jefe` said...

    I assure you the magistrate has a law degree. It came from USC. I can also say with great confidence that he will follow the letter of the law.

    Gary Barnes does not have a law degree from any school...............and you would think based on his ties to Clemson that he would removee himself from cases dealing with Clemson players but he rarly has

    Also it might surprise but I don't post something as fact just to be able to see my words appear, I usually base them on facts

    signature image signature image signature image

    CockOracle

  • WCGamecock said...

    Try again. Possession of Schedule IV narcotics is a general sessions charge, not a city charge, and will be handled by the solicitors office. The simple possession is magistrate level offense and will be handled in Pickens County magistrates court. You've got your governmental entities all out of whack.

    It's actually not a felony. Both charges are misdemeanors.

    The arrest warrant was signed by a municipal court judge. It's interesting --- the warrant refers to the municipality of "Clemson University." Does USC have its own municipal court system?

    The judge who signed the warrant is not a SC magistrate.

    signature image

    CL4170 ●

  • CockOracle said...

    I honestly don't mind being called into question as it is something that happens all the time on this site with almost any poster so I never take it personal - no flame intended either but here are the facts....

    www,judicial.state.sc.gov

    The council of each municipality may establish, by ordinance, a municipal court to hear and determine all cases within its jurisdiction. Such courts are part of the unified judicial system. It should be noted, however, that a municipality may, upon prior agreement with county governing body, prosecute its cases in magistrate court, in lieu of establishing its own municipal court. In addition, the council may establish, by ordinance, a municipal court, and contract with the county governing authority for the services of a magistrate to serve as its municipal judge. The Chief Justice, pursuant to his/her powers as administrative head of the unified judicial system, would, in turn, delegate authority to the Chief Summary Court Judge of the county to assign a specific magistrate as municipal judge.

    So we both are correct in some degree. All judges regardless of their standing are considered magistrates under the unitified system that Chief Justice Toal was mandated to protect the public and to force standards of operation through out the SC Court system. I work within the system and I sadly I see everyday how some (not all but more than one would think) "judges" (I prefer to call them what they are magistrates) error in dealing with cases everyday. Due process in SC is a joke and that's not opinion it's fact.

    I am all about law and order but when you see the mistakes or errors that are made daily, case load isn't an excuse for lack of knowledge.

    Again, no flame, but we are not both correct. Not all judges are magistrates. Magistrates preside over magistrate court. Municipal court judges preside over municipal court. This is a municipal court case. Clemson University has its own municipal court. Nothing about this case has even the slightest thing in the world to do with magistrates. Not that it matters an iota.

    The case will be resolved along the lines of what I posted above. Unless he gets busted again, and soon, Sammy will not have a criminal record as a result of this incident, as he should not (and assuming he is a first-time offender).

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    CL4170 ●

  • These are the most off-based uninformed comments/opinions I've heard thus far regarding twatkins. He will go down like anyone else.

    This post was edited by SyvelleNewton on 5/7/2012 at 4:32 PM

    signature image signature image

    This is not The Syvelle Newton, just his number one fan!

    SyvelleNewton

  • Spliting hairs so I give.........

    I have appeared in this court and argued before this judge. I referred a case from this court to the Judicial Disciplinary Commission 2 years ago and I got a full lesson from Justice Toal herself concerning the unitified court system and how SHE views the different level of judges. And I didn't argue back....lol

    You beat me to the misdemeanor charges on the other post.....he was charged with misdemeanors not felonies therefore the City retains jurisdiction.

    signature image signature image signature image

    CockOracle

  • i really don't care if the charges are dropped. i am just glad clemson fans and recruits get to see how full of crap the fans, coaches and administration are. with joe craig, and now potkins, the crap is thrown back into the face of those lying prima donnas. add in that we beat the living hell out of them in football and baseball. even basketball. i'm happy. i actually want to thank sammy for making my week. if i were the judge, i would let him go. would have done the same for derek watson. now if the ncaa were to go snooping around because of the 2008 caddy. well it doesn't get any better than that.
    p.s. i would vote for the cop who arrested sammy for governor. lol.

    This post was edited by spinrbait on 5/7/2012 at 5:09 PM

    spinrbait

  • Exactly spinrbait.

    Although I am glad that Clemson got exposed, I hope these charges do get dropped. Possession Laws in this state are ridiculous, unfair, and ruins peoples lives.

    CockedLocked

  • CockOracle said...

    Gary Barnes does not have a law degree from any school...............and you would think based on his ties to Clemson that he would removee himself from cases dealing with Clemson players but he rarly has

    Also it might surprise but I don't post something as fact just to be able to see my words appear, I usually base them on facts

    I replied before you said it was Barnes. The other magistrate in Clemson does have a law degree from USC (though he is a Clemson fan). Not that it matters since neither will preside over this case.

    This post was edited by Jefe5235 on 5/7/2012 at 6:26 PM

    Jefe5235

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    Phatcock

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    Trenchtown Cock

  • steve miller said...

    I am sure some lawyer that is a huge klimpson fan has told him that. plyer is a dum-bass of huge proportions. Nobody, even Matlock, could get these charges dropped.

    Dont drink the kool-aid, man.

    I am really, really glad to hear this.

    Thank you, Steve Miller, thank you.

    garnet stats

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    Bunzie

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