More than four years after then-17-year-old high school football quarterback Garrison Kepley was accused of rape - allegations which failed to yield criminal charges - attorneys assembled at the Charleston County, South Carolina judicial center to hash out civil litigation tied to the case. At the heart of this week's proceedings was a debate over whether the civil judicial process concerning the incident ought to remain open to the public.
Prior to the alleged sexual assault, Kepley played football at Oceanside Collegiate Academy in Mount Pleasant, S.C. - and aspired to play football in college after graduation.
Kepley's trajectory dramatically changed on the evening of March 20, 2021 when he had what he and others insist was consensual sex with with his Oceanside classmate, Ella Baine Marcey, as they partied into the early morning hours with other teenagers at a friend's home.
The following day, March 21, 2021, Kepley was the victim of a "criminal gang attack" at a department store parking lot in Mount Pleasant, according to court filings (.pdf). This attack - purported a payback for "rape" - was allegedly orchestrated by Marcey and her then-boyfriend, Dana Brunson (Kepley's high school football teammate).
An unnamed witness to the altercation was quick to alert law enforcement. When officers of the Mount Pleasant Police Department (MPPD) arrived on the scene, their initial investigation of the alleged assault quickly was refocused on the alleged rape after Marcey told them "she was sexually assaulted the night prior."
Per court filings, investigators ultimately determined Marcey "lacked credibility and that she made false, untrue and defamatory allegations against (Kepley) which ultimately incited the violent attack against (him)."
The findings of the MPPD investigation noted that "this case will be unfounded based on the following: inconsistencies throughout the interview process with Ella," it noted.
"The victim told friends that she cheated on her boyfriend and (Kepley) did not force her (to have sex)," the report concluded.
That assessment was consistent with extensive investigatory notes related to the incident - as well as a Snapchat video sent by Haven Hobbs, one of Marcey's best friends at the time.
While law enforcement's determination that Marcey's story lacked credibility ended the criminal investigation into the alleged rape (and subsequent retaliatory "gang" assault), years of contentious and complex civil litigation have continued in the aftermath of the incident.
The cases have involved suits and countersuits wherein both the alleged rapist - and alleged false rape accuser - have indicated they believe they are owed compensation.
Two years ago, Charleston, S.C.-based attorney Victoria Smith filed suit on Kepley's behalf against Marcey, Brunson and their parents. That pleading named three other individuals who allegedly joined in the assault on Kepley in the department store parking lot four years ago.
Smith's case garnered attention within the legal community after she made a motion (.pdf) including intimate details about the alleged assault.
Vivid descriptions used by Smith labeled Marcey - not Kepley - as the "sexual aggressor" in this incident. According to the filing, Marcey allegedly "climbed on top of (Kepley) multiple times and initiated consensual sexual activity."
"They're clutching their pearls about (Kepley) putting the female's name and the word cowgirl in the same sentence," Smith wrote. "Most people would rather have their name associated with cowgirl than sex offender."
S.C. circuit court judge Thomas Rode is now presiding over these civil matters - having recently been elected by the S.C. General Assembly to serve as a resident judge for the state's ninth judicial circuit in February 2025.
On Monday morning (August 25, 2025), Rode heard arguments concerning a motion to enforce a broad confidentiality order on discovery related to the case.
"Basically we're just asking for confidentiality order so that somebody doesn't go give, for instance, videos of a minor crying to FITSNews," attorney Brooklyn O'Shea argued on behalf of Marcey.
"They're in their twenties, trying to get jobs," O'Shea added.
Smith and attorney Robert Gruber, both representing Kepley, took different tones when discussing the gag order.
Gruber, who is defending Kepley in a lawsuit related to the incident, said he doesn't "want my client's personal information out there."
Smith said she had spoken to Kepley, and that he is "sick and tired of his name being drug through the mud and not being able to respond to it."
"He's ready to tell his side of the story to a jury and to the public and whoever cares to sit in the gallery and watch that trial," Smith added.
Rode also heard related arguments concerning continuing to shield the identities of numerous "Jane Doe" witnesses with connections to Kepley.
"They refuse to disclose any information as to these Jane Doe identities to us, obviously, that prevents us from conducting discovery, contacting witnesses, serving subpoenas," Smith argued.
Rode questioned the need to keep the proceedings hidden from public view.
"If this case goes to trial, it's going to be tried in a public courtroom," Rode noted. "Why do we need to have a protective order for these witnesses in light of the fact that this is not a sealed proceeding?"
"We want the case tried in a courtroom, but not by the media," O'Shea replied, characterizing the video of Hobbs accusing Marcey of lying as "videos of a minor crying" and opining that it "wasn't a newsworthy thing." She also accused Kepley's attorneys of attempting to drag her mother, former state senator Sandy Senn, and sitting S.C. court of appeals judge Stephanie McDonald, into the case.
"That should not be a way to litigate, to go run to FITSNews, and then I don't know what is up with the baseless accusations about my mom, former Senator Sandy Senn and South Carolina Court of Appeals judge McDonald - Ms. Smith has theories that they somehow went to the media," O'Shea claimed.
"What the media determines to print - like it or don't - I think the question that we have in front of us today is how are we going to deal with the identity of these witnesses going forward," Rode said.
Rode did not issue rulings from the bench, but took arguments concerning the issuance of a gag order and a motion to compel the production of Kepley's phone under advisement.
While FITSNews isn't aware of former senator Senn having any connection to the case, a newly filed motion (.pdf) arguing for the unsealing of certain family court files indicated she may have heard first-hand accounts of the incident. According to the filing, Robert Brunson - the father of Marcey's ex boyfriend, Dana Brunson - allegedly spoke about the parking lot incident with McDonald.
"The only person I remember having a conversation with was Stephanie McDonald," Brunson said, noting he and the judge are engaged to be married following his divorce from Kathleen Kirkland Brunson.
According to the filing, Brunson's divorce may have motivated Marcey to lie about her sexual encounter with Kepley.
"A motivating factor for Ella Marcey in dreading disclosure of her indiscretion to her then-boyfriend Dana Brunson (who broke up with her approximately 24 hours after the Mt. Pleasant Police Investigation) was that she knew that Dana Brunson was suffering from mental anguish due to his parents' extremely contentious divorce proceedings at the time of the events of March 2021," the motion claimed.
According to the filing, "a point of contention in those divorce proceedings was alleged infidelity."
Count of FITSNews to continue to keep our audience updated on this case as we await a ruling from Rode on whether hearings related to this case will remain accessible to the public.
Dylan Nolan is the director of special projects at FITSNews. He graduated from the Darla Moore school of business in 2021 with an accounting degree. Got a tip or story idea for Dylan? Email him here. You can also engage him socially @DNolan2000.