4:19-cr-00951-RBH

Date Filed 08/31/20

Entry Number 37

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DISTRICT COURT OF THE UNITED STATES
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

UNITED STATES OF AMERICA

Criminal No: 4:19-CR-00951-RBH

v.
TERRY SHAWN PETRILL

GOVERNMENT’S SENTENCING
MEMORANDUM

The United States of America presents the following information in preparation for the
sentencing hearing scheduled for September 1, 2020, as to the above-captioned Defendant. There
are no objections to the Presentence Report. As set forth below, the relevant factors contained in
18 U.S.C. § 3553(a) are appropriately reflected by the 24-30 month guideline range calculated by
the U.S. Probation Office and the Defendant should be sentenced accordingly.
I.

THE OFFENSE CONDUCT – THEFT OF FEDERAL PROGRAM FUNDS
Petrill was the IT Security Director for Horry County, South Carolina. Beginning on June

11, 2015, through August 23, 2018, Petrill ordered forty-one Cisco 3850 switches that were to be
installed on the Horry County network. When the switches would arrive, Petrill would maintain
custody of the switches and advised that he would handle the installation. Through investigation,
agents were able to determine that Petrill did not install the switches on the network and instead
sold them to third parties and kept the proceeds for himself. Petrill sold nine of the switches on
Ebay and the remainder were not located. Petrill is being held accountable for a $345,265.57 loss
incurred by Horry County.
II.

PROCEDURAL POSTURE – PLEAD GUILTY TO INFORMATION
On January 6, 2020, the Defendant entered a plea of guilty to Count 1 of the Information

pursuant to a written plea agreement. Count 1 charges that between on or about June 2015 and

 4:19-cr-00951-RBH

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Entry Number 37

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August 2018, in the District of South Carolina, the defendant, Terry Shawn Petrill, being an agent
of Horry County, said Horry County receiving in each fiscal year from 2015 through 2018 benefits
in excess of $10,000, under various Federal programs providing grants and assistance, for each
fiscal year from 2015 through 2018 stole property worth at least $5,000 under the care, custody,
and control of Horry County; all in violation of Title 18, United States Code, Section 666.
III.

CRIMINAL HISTORY – CH I
The Defendant had no criminal history at the time of his arrest for the instant offense and

has a criminal history score of 0 (CH I).
The Defendant has had the benefit of a pretrial bond and the Government is not aware of
any violations thereof. Accordingly, the Government is not opposed to allowing the Defendant
to self-report to the BOP at the discretion of the Court.
IV.

SENTENCING GUIDELINES – 24-30 MONTHS & $345,265.57 RESTITUTION
As set forth in the Presentence Report, the United States Sentencing Commission Guideline

for a violation of 18 U.S.C. § 666 is found in U.S.S.G. § 2B1.1(a)(2) and calls for a base offense
level of 6. Petrill is being held accountable for $345,265.57 (between $250,000 and $550,000),
so twelve (12) levels are added pursuant to U.S.S.G. § 2B1.1(b)(1)(G). Additionally, Petrill used
his position as IT Security Director to order equipment and convert to his own personal gain, so
under U.S.S.G. § 3B1.3, the offense level is increased two (2) levels since he abused a position of
public or private trust, or used a special skill, in a manner that significantly facilitated the
commission or concealment of the offense. After a 3-level reduction for acceptance, Petrill’s
TOL is 17. A TOL 17 and CH I results in a guideline range of 24-30 months, with a maximum
statutory term of imprisonment of 10 years. The Court may impose a term of supervised release
of not more than three years pursuant to 18 U.S.C. § 3583(b)(2).

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The United States filed a Preliminary Order of Forfeiture for a money judgment on January
9, 2020, and will move to incorporate this into the judgement.
V.

ANALYSIS OF 3553(a) FACTORS
The relevant factors contained in 18 U.S.C. § 3553(a) are appropriately reflected by the

guideline sentence calculated by the U.S. Probation Office. The nature and circumstances of the
offense are serious.

The Defendant stole more than one quarter million dollars’ worth of

computer equipment from Horry County and sold this equipment to third parties for his own
financial gain. Moreover, he did so after having been employed there for many years and having
gained the trust of those with whom he worked. Such a breach of the public’s trust is especially
significant in light of the critical role technology and its infrastructure play in the operation of
government and to the critical public services it provides. To date, the Defendant has not made
any payments toward the restitution he owes to Horry County. A 24- to 30-month sentence is
appropriate to reflect the seriousness of this offense, to promote respect for the law, and to provide
just punishment for the offense. Further, this sentence is called for to afford adequate deterrence
to such criminal conduct, to protect the public from further crimes of the Defendant, and to provide
the Defendant with any needed services.
The Government notes that the Defendant has fully accepted responsibility for his actions
and confessed his activity in a manner to attempt to assist authorities. The undersigned and the
case agent met with the Defendant and found him to be candid and forthright regarding his criminal
activity. Nonetheless, it appears the Defendant acted alone in his crime, and he was unable to
provide any other actionable information to aid the Government as to other matters. Accordingly,
the Government is not in a position to seek a departure pursuant to U.S.S.G. § 5K1.1.

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 4:19-cr-00951-RBH

VI.

Date Filed 08/31/20

Entry Number 37

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CONCLUSION
For these reasons, in addition to those that will be stated on the record at the hearing, the

Defendant should be sentenced within the guideline range calculated by U.S. Probation, 24-30
months incarceration, with an appropriate term of supervised release to follow. He should also
be ordered to pay $345,265.57 in restitution to Horry County.
Respectfully submitted,
PETER M. MCCOY, JR.
UNITED STATES ATTORNEY
By: s/Everett E. McMillian
Everett E. McMillian (Fed ID# 11791)
Assistant Unites States Attorney
401 W. Evans Street, Suite 222
Florence, South Carolina 29501
843-665-6688
everett.mcmillian@usdoj.gov
August 31, 2020
Florence, SC

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