Solicitor: Former Andrews police chief will not be charged with crime

Not only did Capers commit no criminal action in selling the weapons, he
exercised typical behavior in selling them to a registered gun dealer.

June 30, 2016

Prosecutors declined to pursue charges against former Andrews Police Chief Kaynnera Capers, more than seven weeks after he was terminated amid allegations he illegally sold weapons owned by the department.

On Thursday, June 30, 15th Circuit Solicitor Jimmy Richardson said he informed the South Carolina Law Enforcement Division his office found no indication Capers violated any law when he sold weapons to an out-of-state gun dealer.

Capers was terminated on May 5 by Mayor Frank McClary, who claimed the chief violated the law in selling the guns to the weapons dealer. The termination came three months, to the day, after McClary placed Capers on administrative leave on allegations he used the town’s police car, gas cards and his status as police chief for his own personal gain.

According to Richardson, not only did Capers commit no criminal action in selling the weapons, he exercised typical behavior in selling them to a registered gun dealer.

“The allegation was that the chief may have illegally sold guns but, what they were complaining about, every chief does,” Richardson said. “You can either destroy it, sell it or trade it out. The police chief … is in the right on this. He acted within the full authority of the law.”

In a letter to SLED Special Agent James Johnson, Chief Deputy Solicitor Scott Hixson wrote, “There is no evidence of misconduct by this individual as to the decision and disposition of lawfully acquired firearms to a licensed FFL dealer. As such, there is no basis for criminal action.”

When contacted by Times staff, Capers said he had not learned the solicitor’s office was not pursuing the charges.

“Wow,” Capers said. “I thank the community of Andrews and the citizens of Andrews who have stood by me and prayed for me. I thank the members of council who did the right thing … and tried to stay within the process.”

The news of Capers’ vindication came 13 days after McClary sent him a letter indicating the town would host a grievance hearing to discuss his termination – and hours before the Town Council was scheduled to discuss it.

For Town Council Member Terrance Middleton, who has protested against McClary’s treatment of Capers since his suspension in early February, the dismissal came as no surprise.

“I knew Chief Capers was innocent of the accusations the mayor made,” Middleton said. “The mayor jumped the gun when he made them. The mayor should publicly apologize to the chief and the town.”

Times staff left messages with a town staffer in attempts to hear McClary’s reaction. By press time, those messages were not returned.

Capers did not discuss his pending grievance hearing, but he said he was happy to have the issue resolved.

“This process has not made me bitter, but it has made me better,” Capers said. “I am grateful that it is all over, and we can start the process of moving forward.”