Courthouse notebook: Surfside Beach vet Easterly out of prison, cleared for work [The Sun News, Myrtle Beach, S.C.]

Nov. 26--RACHEL EASTERLY -- the Surfside Beach veterinarian who pleaded guilty to a hit-and-run accident that killed a 15-year-old boy -- has been released from prison and state officials this month restored her license to practice veterinary medicine.

Easterly was released from prison last month after serving the majority of a four-year sentence for the fatal crash. She will remain on probation for two more years.

The state Board of Veterinary Medical Examiners initially revoked Easterly's license to practice in May 2009 after it became aware of her conviction. Her license was reinstated but placed on indefinite probation in August 2009, and the board said at the time that she would only be allowed to practice in a public employment setting through the S.C. Department of Corrections Work Agreement Program.

Easterly, during an Oct. 27 board meeting in Columbia, asked the board to remove her work restrictions. She -- who is licensed in South Carolina, North Carolina, Florida and New Hampshire -- told the board that she has two job offers that she would like to pursue. Records of the meeting do not indicate where those prospective employers are located.

Earlier this month, the board agreed to lift the public employment restriction -- allowing Easterly to take a job at any location where she is licensed -- but kept her license on indefinite probation. She can ask the board to terminate the probation after her supervised release is completed.

Easterly pleaded guilty in May 2008 to striking and killing 15-year-old Tommy Sullivan Jr. with her vehicle on Feb. 23, 2007, then fleeing the scene and trying to cover up the crime. Sullivan's body was found on the side of U.S. 17 Business in Garden City Beach after the crash.

Circuit Judge Thomas Russo sentenced her to four years in prison and suspended a 15-year sentence. Easterly also was ordered to work 500 hours of community service.

At her sentencing, assistant 15th Circuit solicitor Larry Filiberto said Easterly was drinking the night of Sullivan's death, but police could not prove she was drunk because she left the scene and was not arrested until 10 days after the crash.

Easterly, who had to serve 85 percent of her sentence before she could be considered for probation -- was mistakenly released from prison in April 2010 because prison officials had mistakenly entered her crime into a computer system as a hit-and-run accident instead of a hit-and-run accident resulting in death. Easterly was re-incarcerated after four days of freedom to serve the rest of her prison term.

Easterly's supervised release includes random drug and alcohol screenings.

Pool enclosure ruling favors Myrtle Beach hotels

A federal judge said last week that he plans to issue a summary judgment in favor of several Myrtle Beach hotels that are being sued by the city over their continuing use of pool enclosures that put the city's flood insurance at risk.

Judge Bryan Harwell said the hotels cannot be held individually accountable for federal rules that the city as a whole is supposed to follow. In addition, Harwell said the city's lawsuit does not belong in federal court because it alleges violations of a city ordinance that bans the pool enclosures. The city's ordinance should be enforced locally or in state court, Harwell said.

The city filed a lawsuit against 11 properties last year, saying the hotels failed to meet a Nov. 1, 2010, deadline to comply with federal rules prohibiting hard-structure pool enclosures in the flood plain.

Many oceanfront hotels traditionally have enclosed their outdoor pools during winter months so visitors can enjoy them during cold weather. The Federal Emergency Management Agency pointed out the violation to city officials in 2007 and gave Myrtle Beach until last year to comply with the federal rules. Non-compliance could put the city's ability to obtain federal flood insurance at risk.

The city, in its lawsuit, asked a judge to declare that the hotels are in violation of regulations enacted by the National Flood Insurance Act.

Harwell, however, said the federal rules apply to communities -- such as Myrtle Beach -- and not to individual businesses.

The regulations "are part of a voluntary program that speaks only to requirements that communities must maintain in order to become or remain eligible for subsidized [flood] insurance," Harwell said in his order. "It is difficult to see how [hotels] could violate regulations to which a community, and in this case the city of Myrtle Beach, has voluntarily subjected itself."

Harwell said the city's remaining issue -- that the hotels are in violation of a city ordinance -- is a matter for state court.

Harwell is giving the city and the hotels 10 days to respond to his order before entering a final judgment. Harwell said he is giving both sides a chance to respond because the hotels did not ask for a summary judgment in their favor and neither side has raised the issues outlined in his order.

City spokesman Mark Kruea said "we'll reply to the court as Judge Harwell requests." Kruea did not specify what response the city will make.

Union president asks for asks judge to dismiss charges

Former union president Robin Mills has asked a judge to dismiss an embezzlement charge against her, claiming in court filings this month that the allegations are barred by the statute of limitations and that a grand jury's indictment was improper.

Meanwhile, federal prosecutors have requested that Mills' trial be delayed because she is being considered for a pre-trial intervention program.

"If [Mills] is accepted into the program, she will avoid the burden of a conviction and the public will avoid the costs associated with a prosecution of this matter," according to documents filed by Dean Secor, an assistant U.S. attorney in South Carolina.

Mills is accused of embezzling $49,287 from the International Brotherhood of Electrical Workers Local No. 1591 in Conway. That is the union that represents workers at the AVX Corp. manufacturing plant. The alleged embezzlement took place between January 2004 and May 2006, according to an indictment issued on May 11.

Mills, in court filings, said some of the alleged theft is barred by the five-year statute of limitations. She also said in court documents that prosecutors allege there were multiple instances of theft over several years but the indictment improperly lumps all of the alleged acts into one charge.

Mills is charged with felony embezzlement and could face a maximum sentence of five years in prison and a $10,000 fine. She has pleaded not guilty to the charge.

Contact DAVID WREN at 626-0281.

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