Charges dismissed against father, stepmother in 1989 cold case

BERKELEY COUNTY, S.C. (WCBD) – Charges were dismissed against a father and stepmother accused of killing their 5-year-old son more than 30 years ago.

The charges were dropped with prejudice, meaning the ruling is final and the case cannot be retried at any point. The decision was essentially made due to the age of this case and the lack of new evidence.

According to a court filing, the decision was made after “careful consideration of the arguments from both sides” and noted that pre-indictment delay caused substantial prejudice to both defendants infringing on their right to a fair trial.

“The court further finds that the prejudice to the defendants far outweighs any reason for the delay — reasons the State of South Carolina has failed to identify in this case,” the document said. While the court found no issues with how prosecutors handled the case, its unique circumstances found the dismissal appropriate.

Ninth Circuit Solicitor Scarlett Wilson released a statement saying in part, “As the testimony at the motions hearing revealed, the time that has passed since this despicable crime has resulted in witness testimony and evidence that is now unavailable. Furthermore, mistakes that were made 35 years ago could not be remedied. The Court has found that the unavailability of this evidence is unjustly prejudicial to the defense. The Court has also noted the lack of any new evidence from this investigation. We have no grounds to dispute the Court’s findings.”

You can read the solicitor’s full statement below.

“Unfortunately, today charges Berkeley County Sheriff’s Office brought against Victor Lee Turner and Megan Renee Turner, in regards to the Justin Turner case, were dismissed by a judge,” said Berkeley County Sheriff Duane Lewis. “Berkeley County cold case detectives work tirelessly to bring justice to victims and families. This is not the outcome we were seeking; however, we understand the technicality of prosecuting cases from crimes that occurred years ago. We would like to thank Scarlett Wilson and the 9th Circuit Solicitor’s Office for their work on the case.”

Justin Turner’s family thanked Sheriff Lewis, detectives, and others in a statement after the decision. “So many have come into this office and left without hearing our families’ cries, but Sheriff Lewis promised to do everything he could, and that’s exactly what he did. Today, our justice system failed an innocent 5-year-old boy. In my opinion, based off the overwhelming
evidence, the ones responsible for Justin’s death had the chance to face justice here, but instead chose to stay silent and face the final justice handed out by God for eternity! The truth is there, the justice is not. My fight for Justin will never stop!”

Victor Lee Turner and Megan Renee Turner (formerly Pamela K. Turner) were arrested at their Cross Hill, South Carolina home back in January and extradited to Berkeley County to face murder charges. They were released on a $50,000 surety bond each, told not to leave the state, and had to surrender their passports.

Their attorney said during initial hearings that 35 years was too long of a wait to prosecute the case with no new evidence, especially because a grand jury, multiple sheriffs, and solicitors have looked at the case over the years.

Turner went missing on the morning of March 3, 1989. After a two-day search, the child’s father found him inside a camper on the family’s property.

A videographer from WCBD was following along that morning when the discovery was made. An affidavit shows Victor found Turner’s body “within seconds” of entering the camper during search efforts the morning of March 5, 1989.

Berkeley County Sheriff Duane Lewis said that the video indicated Victor knew where Justin was located because he went straight to him.

“Rather than react to finding his son and personally checking for any indication of life whatsoever, the co-defendant instead backed out of the camper commenting, “He’s in there, my son is in there. Somebody’s hurt him,” the affidavit read.

The Berkeley County Sheriff’s Office used new technology and that video as part of a fresh investigation into Turner’s disappearance and death. It led them to arrest Victor and Megan at their Upstate home.

Affidavits released by the sheriff’s office said the Turners falsely reported the 5-year-old boy as missing after he failed to get off the school bus in the afternoon. He never got on that bus in the morning.

Investigators and experts believed a dog collar and leash were used to strangle the child; however, they have not been able to locate the dog collar. The solicitor’s office said during a March 14 hearing that they had done everything they could to locate the collar.

Ninth Circuit Solicitor’s full statement:

“Our hearts are with those who loved and cared for sweet Justin Turner. Your devotion to him is
inspiring to everyone. Without question, Justin knew your love for him.

Berkeley County is fortunate to have a Sheriff who is as committed to seeking justice as Sheriff
Lewis and his team. From the moment he was sworn in, Sheriff Lewis has been unwavering in his
efforts to bring Justin Turner’s killer(s) to justice.

While the warrants against Victor and Megan Turner were supported by probable cause, all
defendants are presumed innocent until proven guilty beyond a reasonable doubt. Just as Sheriff
Lewis has honored the oath of his office and his commitment to this community in pursuing justice for Justin, Judge Young has upheld the oath of his office by following the law. As the testimony at the motions hearing revealed, the time that has passed since this despicable crime has resulted in witness testimony and evidence that is now unavailable. Furthermore, mistakes that were made 35 years ago could not be remedied. The Court has found that the unavailability of this evidence is unjustly prejudicial to the defense. The Court has also noted the lack of any new evidence from this investigation. We have no grounds to dispute the Court’s findings.

It is rare that prosecutors can say there is nothing more that could have done to conduct a more
thorough investigation, but in this case, we know that Sheriff Lewis and his team of investigators
did all they could do to find truth and justice.”