Deputy accused of sexual assault

Woman went to his home to pick up her kids before alleged incident occurred.

A Richland County sheriff’s deputy was fired and arrested Friday after a woman said he sexually assaulted her when she went to his home to pick up her children, authorities said.

Rodney J. Muller, 42, of Irmo, turned himself in around 3 p.m. and was charged with third-degree criminal sexual conduct, Sheriff Leon Lott said. He was taken to Alvin S. Glenn Detention Center.

At a hearing Friday night, Judge Phil Newsom set a cash or surety bond of $25,000, which means Muller can post 10 percent of that and be released.

Muller would not give a statement and is not cooperating with investigators, Sheriff’s Department spokeswoman Sgt. Kim Myers said.

Third-degree criminal sexual conduct is the charge when a person “uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances,” such as a threat of violence, according to state law. It is punishable by up to 10 years in prison.

A victim’s advocate told the judge the woman had suffered injuries to her right arm and was treated at Palmetto Health Richland where she went after the assault.

The woman told hospital workers she had gone to Muller’s home Thursday afternoon to pick up her two children, authorities said. Muller’s wife runs a day care at their Chadford Road home.

When the woman arrived around 5 p.m., Muller’s wife and the children she cares for were not there. It is unclear where they went or why, authorities said.

Muller, who was off duty, was the only person home and is accused of grabbing the woman, taking off her clothes and sexually assaulting her, Lott said.

The children under his wife’s care were unharmed, Myers said.

According to authorities, the woman went to a hospital immediately after the assault. Hospital staff members contacted the Sheriff’s Department, prompting the investigation, Lott said.

The State newspaper generally does not identify victims of sexual assault.

Speaking at Muller’s bail hearing, the woman said she had recently moved to the area and was “just trying to get myself back on my feet.”

She said she was scared and requested a no-contact order against Muller, which the judge granted. Muller is not allowed to be within 100 yards of her.

Muller’s attorney, Byron E. Gipson, said at the hearing his client has told him he is not guilty.

Gipson said Muller, a father of five, had worked for the Department of Juvenile Justice for 19 years and has been married for nearly 20 years.

“He has a record of service to the community that is impeccable.”

Gipson said Muller was not a flight risk or a danger to the community, and requested a personal recognizance bond for his client, which would mean Muller wouldn’t have to put up any money.

Judge Newsom denied the request, noting the seriousness of the charges.

Lott said anyone who breaks the law is subject to prosecution and his officers are no exception.

“We are held to a higher standard,” Myers said.

Muller has been with the Sheriff’s Department since December 2007 and has no prior disciplinary history at the department, Myers said. He does not have an arrest record, according to the State Law Enforcement Division.

Muller is the third officer this year to be fired after allegations of wrongdoing.

In May, Deputy Jerry Thomas was charged with three counts of receiving bribes, accused of accepting $10,000 over a year and a half to be a lookout for gambling houses and helping them set up.

Last month, school resource officer Eric Allen Barber was charged with misconduct in office. School officials reported he inappropriately hugged girls at Dent Middle School.

The day-care license for Muller’s wife was renewed in September 2007 and expires this September, according to Department of Social Services records. The day care, which is licensed to care for no more than six children at a time, last was inspected in May.

It is not clear how long the woman’s children have attended day care at the home.