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A 2020 murder case has evaded an impending jury trial after a judge granted the defendant’s motion to seek alternative counsel.
Shemar McKay Donaldson appeared in the Barnwell County Courthouse on March 11, 2024 to request his attorney, Joshua Koger of Barnwell, be relieved on claims of ineffectiveness.
“He has been ineffective,” said Donaldson during open court. “I just can’t go to trial with him…This is my life. I am going to trial, and my lawyer and I didn’t even get to discuss.”
Donaldson explained to presiding Judge Kristi Curtis that his attorney “disregarded everything I said,” and would not answer questions about varying motions and the discovery detailing the facts of the case.
Koger addressed Donaldson’s claims as to events which occurred after he was retained in May 2021.
Judge Curtis ultimately relieved Koger from Donaldson’s case, and appointed the public defender’s office to step in unless he opts to hire outside representation.
“You only get one shot at a trial,” said Judge Curtis. “I’m going to relieve your attorney, which means this case is going to be continued.”
Judge Curtis made it clear to Donaldson that relieving his current attorney “is not going to delay this for some long period of time,” she said.
Although the state did not take a position with Donaldson changing counsel, Deputy Solicitor David Miller detailed the scope of the charges and situation at large.
The state came to court ready to offer a global, negotiated plea deal for three of Donaldson’s numerous charges – attempted armed robbery, murder, and criminal conspiracy. The state offered 25 years followed by probation.
These charges stemmed from Donaldson’s involvement in the September 2020 murder of Ashwinbhai “Andy” Patel, who operated the Corner Stop convenience store in Blackville.
As previously reported by The People-Sentinel, Donaldson allegedly entered the store and began looking around when his now co-defendant, Jason Jarmez Smith, ran in and shot Patel.
Through S.C. Law Enforcement Division’s (SLED) investigation, phone records were found linking Donaldson and Smith – the two conspired to rob Patel’s store and remained on the phone with one another throughout the entire incident.
“That analysis shows that Mr. Donaldson and Mr. Smith were communicating with each other for more than 20 minutes leading up to and during the commission of the crime,” said Miller of SLED’s cellular analysis. “13 seconds after he gets off the phone with Mr. Smith, he calls 911.”
According to the state, Patel’s murder is caught on surveillance video and the entire confrontation only took six seconds.
Smith received a 30-year sentence after pleading guilty to murder on April 25, 2022.
Donaldson was granted a $30,000 bond in June 2021 for his involvement with this crime, and proceeded with an ankle monitor per terms of the bond.
Less than a month after his co-defendant was sentenced, Donaldson was arrested in May 2022 for robbing the Tiger Express convenience store in Elko. He was subsequently charged with Burglary second degree (violent), Grand Larceny over $10,000, Safe Cracking, Malicious Injury to Real Property less than $2,000, Possession of a Weapon during the Commission of a Violent Crime, Possession of a Stolen Pistol, and Resisting Arrest.
While incarcerated at the Barnwell County Detention Center (BCDC) for this robbery, he was charged with two separate charges of Possession of Contraband, and four Forgery charges
Not only did this incident prolong Donaldson’s initial case, but the store he robbed was owned by Patel’s family.
“Mr. Donaldson got out of jail on his bond in 2021… In April of 2022, the co-defendant pled… three weeks later, Mr. Donaldson is again on video breaking into another convenience store…and that convenience store was owned by the same family, where he had sat there and watched Mr. Patel get murdered in an armed robbery he allegedly set up,” said Miller.
The plea offer, a 25-year sentence followed by probation, will not change regardless of Donaldson’s representation, according to the state.
Donaldson has remained at BCDC since his May 2022 arrest, and is set to appear on the June 10, 2024 trial roster.
