Man was shot 9 times by York County deputies, now he’s suing the county, sheriff’s office
A man who was shot nine times in 2021 by deputies has filed a lawsuit against York County and the sheriff’s office, court records show.
Trevor Mullinax and his mother, Tammy Beason, allege gross negligence and other claims against the York County, S.C., Sheriff’s Office and York County, the lawsuit states. Mullinax and Beason are named as plaintiffs in the lawsuit.
The county and sheriff’s office are named as defendants.
In a statement Tuesday, the sheriff’s office said the lawsuit has not yet been served and denied wrongdoing. Mullinax pulled a shotgun, Sheriff Kevin Tolson said.
“These deputies responded appropriately to the threat as they were trained to do,” Tolson said in Tuesday’s statement. “Had Mr. Mullinax made different choices that day, deputies would not have been required to use force.”
Mullinax has been charged by State Law Enforcement Division agents with pointing and presenting a firearm. Online court records show the criminal charge against Mullinax remains pending in York County court.
York County prosecutors declined to prosecute the deputies.
Lawyers for Mullinax and his mother filed the lawsuit Friday in York County civil court. The lawyers who filed the lawsuit are Justin Bamberg, a S.C. State Representative in the General Assembly representing Bamberg and other counties, and J. Taylor Bell of Columbia.
Mullinax’s lawyers said Tuesday and in the lawsuit that Mullinax had a hunting gun but did not point it at anyone.
The lawsuit allegations
The lawsuit alleges deputies were responding to a wellness check at a site off S.C. 324 southwest of Rock Hill.
Mullinax never indicated he intended to use the hunting gun on anyone other than himself, the lawsuit states.
Deputies arrived and fired almost 50 times, the lawsuit states. Mullinax, who was in a truck, was hit by nine bullets as the truck was hit by gunfire, according to the lawsuit.
“Prior to arriving at the Plaintiffs’ location, Sheriff’s deputies failed to plan, choosing instead to ride in like cowboys from a John Wayne movie, defaulting to using deadly force immediately, without attempting to de-escalate the situation,” the lawsuit states.
The lawsuit alleges Beason was next to the truck when deputies fired the shots, but was not hit.
“At no point prior to, during, or after Sheriff’s deputies began shooting did Plaintiff Mullinax raise, point, or otherwise move with a weapon in such a fashion as would authorize Sheriff’s deputies to use deadly force,” the lawsuit states. “At no point did Plaintiff Mullinax refuse, or fail, to comply with the limited instructions yelled by Sheriff’s deputies from approximately 30 to 40 feet within the mere seconds before Sheriff’s deputies began firing approximately 50 rounds.”
Mullinax was injured and hospitalized before he was later arrested and charged with pointing and presenting a firearm.
The lawsuit claims that the criminal allegations are false.
“The criminal charges were brought against Plaintiff Mullinax due to the horrific nature of the shooting and the need to attempt to justify and/or provide ‘cover’ to Sheriff’s deputies for the utter excessive use of deadly force exhibited by Sheriff’s deputies,” the lawsuit states.
News conference held by plaintiffs
On Tuesday, lawyers for Mullinax and Beason released sheriff’s office body camera and dash camera videos from the incident. They held a news conference with Mullinax and Beason at the shooting location.
Sheriff’s office video of the shooting was also released by Bamberg, one of Mullinax’s lawyers, on social media.
Lawyers said calls to 911 had asked for help for Mullinax who was having a mental health situation the day of the incident.
“Nobody was at risk until the cops put them at risk,” Bamberg said at the news conference, which was broadcast live on the WJZY TV Web site. “This lady (Beason) could have been dead.”
The lawsuit was filed before May 7, 2023, because in South Carolina state civil court an action must be filed within two years of the incident, Bamberg said.
Beason said at the news conference that people sought help for Mullinax.
“All we wanted was to get some help for my son,” Beason said.
Mullinax was at the news conference Tuesday but did not address the incident or charges.
Mullinax said at the news conference that mental health is an issue.
“I hate that I have to be the face of it,” Mullinax said.
Sheriff responds to lawsuit
SLED responded to the scene in May 2021 and investigated the officer involved shooting because it involved deputies. SLED charged Mullinax with pointing and presenting a firearm, according to York County prosecutors and court records.
In a statement issued Tuesday, Sheriff Kevin Tolson said his office has not had a chance to review the lawsuit. Tolson said SLED did an independent investigation, and prosecutors determined no criminal charges would be filed against the deputies.
Tolson’s statement said:
“As of the publication of this statement, the York County Sheriff’s Office has not been served with a lawsuit filed by Trevor Mullinax related to an officer involved shooting on May 7, 2021. The YCSO cannot respond to any specific allegations until we and outside council have had an opportunity to thoroughly review the document in its entirety.
”This matter was investigated independently by the S.C. State Law Enforcement Division (SLED) and all of the deputies involved were cleared of any wrongdoing by the 16th Circuit Solicitor’s Office.
“The only individual that was found to have engaged in wrongdoing on May 7, 2021 was Trevor Mullinax and that was why he was charged criminally with point and presenting a firearm (Warrant No. 2021A4610100429) by SLED as a result of this incident.
“I tell all of my deputies that their goal is to serve the citizens of York County and then to go home safely to their families. Mr. Mullinax chose to put these men in danger by pulling a shotgun. These deputies responded appropriately to the threat as they were trained to do. Had Mr. Mullinax made different choices that day, deputies would not have been required to use force. Our ultimate goal is to ensure the safety of the public and our deputies. Regardless of the outcome of this lawsuit, we want to reassure our residents that we will continue to provide high quality and professional law enforcement service.
“Three of the four deputies involved in this incident are still serving the community as YCSO deputies. One deputy voluntarily left the agency in April 2022 to take a job in the private sector.
“The Sheriff’s Office looks forward to vigorously defending against these allegations in the appropriate legal forum.”
Solicitor makes final decision
Sixteenth Circuit Solicitor Kevin Brackett, York County’s top prosecutor, reviewed the SLED investigation and determined in October 2021 no criminal charges would be filed against the deputies, according to a letter sent by Brackett to SLED.
Although SLED already had charged Mullinax in June of 2021, Brackett said in the letter that charges against Mullinax were the only charges the incident merited. Deputies had an outstanding arrest warrant against Mullinax at the time of the May 7, 2021 incident, Brackett said.
Brackett said Tuesday because the weapons charge against Mullinax is pending, he could not comment on the ongoing case.
Brackett’s letter named the four deputies involved in the May 2021 incident. The full letter from Brackett to SLED in October 2021, which declined to prosecute deputies, said:
“I am writing in reference to the above case file regarding your investigation into the officer involved shooting of Trevor B. Mullinax.
“I have reviewed the file containing your investigation and conclude that the use of force by the officers involved, Deputy Daniel Taggart, Deputy Michael Griffin, Deputy Gary Pence and Deputy Brian Whitesides was appropriate given the nature of the threat they faced.
“The officers were dispatched to take Mr. Mullinax into custody pursuant to a warrant issued in the City of York for his arrest. ln addition, they had been alerted that he was possibly suicidal and armed.
“Upon arriving at the location where Mr. Mullinax was sitting in his truck they approached him. A woman later identified as his mother was standing near the truck apparently talking to Mr. Mullinax. As they approached his truck, Mr. Mullinax retrieved a shotgun from the rear seat of the truck and presented it or pointed it at the officers.
“The officers justifiably believed that Mr. Mullinax posed a threat to their lives and possibly the life of the woman standing near his vehicle door.
“Based on this reasonable assessment of the threat, they opened fire with their service weapons in self-defense. Mr. Mullinax has been charged with pointing and presenting a firearm based on his actions that day. These are the only charges which should issue as a result of this incident.”
What happens now?
No trial date has been set for the civil lawsuit filed Friday.
The sheriff’s office and York County have 30 days to file a written response, under court rules.
It also is unclear when the weapons case against Mullinax will be scheduled for criminal court.
