MYRTLE BEACH, SC (WMBF) – A motion asking for a continuance in the case of the man accused of purchasing a gun and planning to use it to commit an attack “in the spirit of Dylann Roof” has been granted.
According to the order filed May 30, the federal case of Benjamin McDowell has been pushed to the next term of the U.S. District Court in Florence, which is July 27.
McDowell’s attorney, William Nettles, stated in his motion that counsel needs additional time to complete discovery review and secure mental health treatment records for the defendant, who was arrested in February.
According to the order filed by Judge R. Bryan Harwell, “the ends of justice served by the granting of a continuance outweigh the best interests of the public and the defendant in a speedy trial.”
“The failure to grant a continuance in the proceeding would be likely to make a continuation of the proceeding impossible, or result in a miscarriage of justice,” the order stated. “The case is so unusual or so complex due to the number of defendants, the nature of the prosecution, or the existence of novel questions of fact or law that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the time limits established by this section.”
In the defense’s motion, McDowell waived his rights under the Speedy Trial Act.
He is accused of meeting with an undercover FBI agent on Feb. 15 and purchasing a .40-caliber Glock and hollow-point ammunition.
The suspect came on the FBI’s radar after allegedly posting to Facebook an anti-Semetic screed referencing Dylann Roof, which included the statement: “they should be Feasting on the enemy that stole their Heritage and their bloodline and trying to run us off of this Earth you can post pictures of f****** Viking and swords all the s*** you want to post if you ain’t got the heart to fight for Yahweh like dylann roof did you need to shut the f*** up…”
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