FITSNews sued over mistaken 'person of interest' in Stephen Smith case. 'We apologized.'

The Alex Murdaugh crime saga has become a tangled web indeed, weaving and interweaving a tight cast of characters into one new storyline after another, and the latest lawsuit adds another strand to this amazing true crime web.

Mark Tinsley, an Allendale attorney who represented several of Murdaugh's victims and gave key testimony during the disbarred Hampton lawyer's 2023 double murder trial, has now filed a lawsuit against a South Carolina media outlet that has covered the Murdaugh crime saga from the beginning — but this suit relates to the ongoing investigation into the 2015 death of Stephen Smith.

The personal injury suit was filed by Tinsley and Columbia, S.C., attorney Brendan J. Green on Tuesday, Feb. 6, in Hampton County Court of Common Pleas on behalf of Austin Stanley, a resident of Hampton County, against FITSNews LLC and its founding editor, William "Will" Folks III.

Sandy Smith smiles behind the new memorial for her son, Stephen Smith.
Sandy Smith smiles behind the new memorial for her son, Stephen Smith.

The defamation suit alleges that FITSNews published an April 1, 2023, article identifying Stanley, as well as others, as "somehow involved in the murder of Stephen Smith, a 19-year-old gay man who was found dead in the middle of Sandy Run Road in Crocketville, South Carolina on July 8, 2015."

While the S.C. Law Enforcement Division opened a murder investigation into Smith's unsolved homicide while investigating the June 2021 murders of Alex Murdaugh's wife, Maggie, and son, Paul, there has been no official connection established between the two cases or between the Murdaugh family and Smith's death.

No suspects or persons of interest have been officially announced by SLED, and there have been no arrests.

Mark Tinsley, Allendale-based personal injury attorney takes the stand in Alex Murdaugh’s trial for murder at the Colleton County Courthouse on Thursday, February 9, 2023. Andrew J. Whitaker/The Post and Courier/Pool
Mark Tinsley, Allendale-based personal injury attorney takes the stand in Alex Murdaugh’s trial for murder at the Colleton County Courthouse on Thursday, February 9, 2023. Andrew J. Whitaker/The Post and Courier/Pool

The FITSNews article and accompanying video included images of Stanley and labeled him as a "prime suspect" in the murder, states Tinsley's civil complaint, "who had absolutely nothing to do with the death of Stephen Smith, who has never been a suspect or person of interest in the death of Stephen Smith and has never been linked to the death of Smith other than falsely by the Defendants and their agents."

The suit further adds that when the April 2023 article was published, and Hampton County residents informed the family about it, Stanley’s mother repeatedly emailed Folks and FITSNEWS and let them know that they made a mistake, and on April 4 Folks responded by email, acknowledging the error, and promised to remove the photo immediately, states the suit.

However, the lawsuit further alleges, despite admitting that their report was false, FITSNews again published Stanley's photo in an Oct. 9, 2023, article and again identified him as a person of interest. This article was also published on other FITSNews outlets, such as social media pages, and its YouTube video received more than 151,000 views, states the suit.

The suit contends that as a result of these false, defamatory, and malicious statements, Stanley has suffered harm, humiliation, and emotional distress and is entitled to actual and punitive damages. Stanley is demanding a jury trial.

The late Stephen Smith, right, with his mother Sandy.
The late Stephen Smith, right, with his mother Sandy.

Will Folks, FITSNews, respond to Mark Tinsley lawsuit

FITSNews has covered the Murdaugh crime saga in depth since the February 2019 Murdaugh boat crash that left Hampton County resident Mallory Beach dead.

Using a network of often anonymous sources in the state capital and elsewhere, FITSNews has broken many stories and uncovered many developments in the Murdaugh crime saga that are often proven accurate later by other media outlets citing official sources.

In the suit, however, Tinsley refers to FITSNews as a "tabloid" that "traffics in salacious stories," provocative headlines, and "clickbait."

Will Folks, founding editor of FITSNews, responded to the lawsuit and to requests for comment by referencing a Tuesday night post on X (formerly Twitter) from the FITSNews account:

"Hardly anyone takes accountability anymore. Or admits to their mistakes. An honest mistake was made here - and we apologized and did our best to correct it - but we will have to live with the consequences. Thanks to @TheMarkTinsley and @TheEricBland for holding us accountable."

Stephen Smith lawsuit latest example of Murdaugh crime saga 'web'

The Murdaugh crime saga in state and federal courts, with more than 100 criminal charges in multiple counties and roughly a dozen civil suits, has impacted many people on both sides of the legal system — and has repeatedly connected them in the lower part of South Carolina.

Mark Tinsley's lawsuit, and his involvement in the ongoing Stephen Smith matter, is the latest development in a web of intertwined characters and storylines in the S.C. Lowcountry. For example:

  • Tinsley represented the family and estate of Mallory Beach in their 2019 wrongful death suit, along with some of the survivors of the boat crash in parallel lawsuits, and also represents several of Murdaugh's financial victims.

  • Eric Bland, a Columbia attorney who represented the Satterfield victims of Murdaugh, also represents several of the jurors who convicted Murdaugh of murder, as well as some of his financial victims, and now represents Sandy Smith and her family in their quest for justice in Stephen's death.

  • Joe McCulloch represented Connor Cook, one of the boat crash survivors, and also represents several Murdaugh jurors.

This article originally appeared on Augusta Chronicle: FITSNews sued over mistaken 'person of interest' in Stephen Smith death