Attorney fears retaliation after $1.6 million verdict against Richland's Sheriff Leon Lott

West Columbia attorney Jake Moore
said he fears retaliation after weird
case against Lott's department. 

Lexington attorney awarded $1.6 million by jury
West Columbia attorney Kay Paschal was awarded $1.6 million after a claim she was harassed by a deputy with the Richland County Sheriff's Department.
Paschal was also strip searched and charged with a felony that was eventually dismissed.
“We feel like it is a just and proper verdict,” said Jake Moore, Paschal's attorney.
The award was the result of a lawsuit against Richland County Sheriff Leon Lott for malicious prosecution and abuse of process.
Paschal was the common law wife of deceased Forest Acres real estate broker David Wallace. She lived with him for eight years, according to Lexington County court documents. Wallace died at age 88, in February 2011. 
When Wallace died, Paschal, who was also an a heir, was named personal representative of his approximately $6 million estate. But Jeffrey and Elizabeth Wallace, David Wallace’s adult children, petitioned the Richland County Probate Court to remove Paschal as representative.
Wallace's children claimed that Paschal improperly bought a Toyota Sienna van for $63,000 in 2010.
David Wallace had suffered a stroke before the purchase of the van that was modified to transport him and his wheelchair.
Richland County Deputy Lt. Heidi Scott, after being contacted by the Wallace children, had Paschal investigated in Lexington County where the van was bought.
An investigation found that Paschal purchased the van, that had Wallace's and Paschal's name on the title, with Wallace’s knowledge.
Scott kept pursuing the case and Paschal was arrested on the day of a probate court hearing in which Paschal was to defend herself in an effort by Wallace’s children to remove her as the estate’s personal representative. Paschal's attorneys said she lost her status as representative,  partly because she did not appear at the hearing. The charge against her was dismissed.
Attorney says $1.6 million award indicates merit of case
Jake Moore is the attorney for West Columbia attorney Kay Paschal.
She was awarded $1.6 million in a case heard in a Lexington County court.
She sued Richland County Sheriff Leon Lott  for malicious prosecution and abuse of process.
The verdict was delivered on July 25, after a five days of testimony. Judge William Keesley oversaw the trial. 
The claims were against a deputy, but Lott as a sheriff, in accordance with state law, is responsible for his employees. So he was named in the lawsuit as a defendant.
Moore said it took a jury just over two hours before coming back with the verdict.
He said the strength of the case is evident by the jury's award.
“Lexington County juries are known as conservative,” Moore said. And more likely to side with law enforcement.  But they did not in this case.
“The verdict speaks volumes about the merit of the case,” Moore said.
Moore said the jury believed that Paschal was treated unfairly.
A Lexington County Magistrate later dismissed the forgery and breach of trust charges that led Paschal's arrest. The arrest of Paschal resulted in her suspension as a member of the S.C. Bar Association.
Lexington attorney Pat Frawley represents Lott and Moore said he expects an appeal of the verdict against Lott. But Moore said, because of the procedural pattern during the trial, he does not see grounds for an appeal.
Moore also said he fears retaliation from the Richland County Sheriff's Department directed toward him, his staff and his client.
“I m concerned about the potential of retaliation,” Moore said. He said the verdict against Lott is the second time he was won against him in court.
Moore said he bases his fear that he will face retaliation on the his relationship with the Richland County Sheriff's Department.
Moore also said he'd love to sit down and work out a solution with the other side, bu he he “is not overly optimistic of a resolution.”