Update: Judge Bobbie Hercules was eventually charged with a misdemeanor, but that charge was dropped on 8/3/2011.
A former police officer in the Marion County town of Sellers says a municipal judge inappropriately touched him and made a nasty comment about his wife.
Former Sellers police officer Phil Davis says Marion County Municipal Judge Bobbie Hercules grabbed him in the crotch last June in the hallway of the town hall.
Some residents in Sellers aren't sure what to make of the situation.
"If it's true, I mean it's hard to say. I mean, because there's two sides to every story," said Kevin Hopkins.
"It's basically he said she said. There's no witnesses," said Jerome Wilson.
Davis filed this report with the Marion County Sheriff's Office.
In it, he says Hercules grabbed his crotch twice and told him quote, "You know I can put more on you than that white girl you're married to."
The State Law Enforcement Division investigated and last month Davis got a courtesy summons against Judge Hercules for a misdemeanor charge of assault and battery in the third degree.
According to South Carolina Law 22-5-110, a courtesy summons is a criminal charging document where a citizen requests the arrest of a person, but does not allow for a person to be taken into custody. It requires them to appear in court.
In this case, Judge Hercules and Davis will appear before a judge in Marion County on June 15th.
Hercules can request a jury trial or bench trial.
We left a message with Judge Hercules and the Mayor of Sellers about the incident. We also called the town's attorney and Davis, but so far no one has called us back.
One of the questions we had for the mayor was about Davis being a former officer and whether that has anything to do with this case. Again we have not heard back.
We're told the South Carolina Judicial Council is aware of the allegations against Hercules, but has decided not to remove her from the bench at this time.
