S.C. Deputy Charged With Killing Man While Serving Arrest Warrant
The Associated Press



A South Carolina sheriff's deputy on Wednesday was charged with fatally shooting a man while attempting to serve him an arrest warrant for grand larceny.

Darlington County sheriff's investigator Tim Robertson, 41, was charged with voluntary manslaughter in the death of William E. Sheffield, 45, on Dec. 29.

Sheffield, of Society Hill, bled to death from four gunshot wounds, according to an incident report.

"The rule of the law prohibits any officer from shooting a fleeing suspect ... four times," prosecutor Jay Hodge told the Florence Morning News.

Robertson will remain on administrative leave until his trial, Darlington County Lt. John Purvis.

"He's a good officer," Purvis said. "No problems ever."

Sheffield has previous convictions for assault and battery with intent to kill, assault with a deadly weapon, drug possession, and discharge of a firearm into a dwelling.

"but LEOs can do whatever they want and not get charged"  

Need A LOT more info.

So he was charged, whoop dee doo.  Charges mean nothing.

Let's see if he actually gets convicted.

Quoted: So he was charged, whoop dee doo.  Charges mean nothing. Let's see if he actually gets convicted.

- Actualy the charges should be a big deal since there is the comonly stated belief that a LEO can shoot anyone for the sake of officer safety (or just because of his job) and not face any charges.  Look at any thread discussing justified shootings around here.


Bama - There was a thread about the incident several weeks ago.  Seems it was this deputy and another one trying to serve a warrant when a fight broke out and the deputy fired on the suspect.  A search might turn something up.

in before tcwhathisface.

The one question I have is if allowed to escape did the criminal present a continuing risk to the public?  How often was he doing stuff like drive bys and attempted murders?  Was the officer aware of those prior violet offenses before he fired?

You cant shoot non violent fleeing felons.  you can shoot fleeing felons whose continued escape presents a clear risk to the public.

Its about time a police officer was held accountable and responsible for his actions. Sounds like he was on a power trip and wanted play judge, jury and executioner.
Give him the chair.

Its about time a police officer was held accountable and responsible for his actions. Sounds like he was on a power trip and wanted play judge, jury and executioner.
Give him the chair.

Quoted: "but LEOs can do whatever they want and not get charged"

Sheffield has previous convictions for assault and battery with intent to kill, assault with a deadly weapon, drug possession, and discharge of a firearm into a dwelling.

Seems like the gene pool is a bit more clear......

Quoted: in before tcwhathisface.

And you KNOW he'll show up, blasting with both barrels as it were with his crime partner in tow.

What a lacking article that was. Sheesh.

As stated by officers above, there are circumstances in which a fleeing felon can be shot.  

How are we supposed to determine if this was one of them based on this "article"?

Sheriffs comments are limited but has "eyewitness account from girlfriend"


The News and Press                                                    

SUSPECT SHOT AS DEPUTY SERVED WARRANT
SLED probe after deputy kills suspect
------------------------------------------------------
by Sheila Allen
staff
[email protected]

The State Law Enforcement Division has been called in to investigate the shooting death of a man by a Darlington County Sheriff’s Office deputy Dec. 29. The incident actually took place in Chesterfield County and the officer was placed on administrative leave.

No official statement or documents had been issued by the Darlington County Sheriff’s Office or SLED by presstime depicting the sequence of events, but according to an incident report obtained from the Chesterfield County Sheriff's Office the shooting happened while Darlington County Sheriff's Deputy Tim Robertson was in the process of serving an arrest warrant on William E. Sheffield of Darlington County.


William A. Sheffield died last week after being shot and killed by a Darlington County Sheriff's deputy attempting to serve a warrant.
PHOTO SUBMITTED


 
Officer Jeff Outlaw of the Chesterfield County Sheriff's Office stated in the incident report that on the night of the shooting he had responded to dispatch to meet with Darlington County deputies at the County Store in Society Hill.

“Upon arrival, I met with two Darlington County investigators and a Society Hill Police officer. The deputies stated that they needed assistance in service of a warrant just across the Chesterfield County line in Chesterfield County,” Outlaw stated in the incident report.

“One of the deputies stated that he was going to ride by the residence where the suspect was to be. He stated that he would let us know if he was there. A few minutes passed and we heard the deputy state that he needed EMS. Upon arrival I learned that an incident had occurred and notified my supervisor and he notified the investigators," Outlaw said in the report.

In a supplemental incident report, Deputy First Class Investigator Wayne Jordan of the Chesterfield County Sheriff's Office stated that he was called to the scene at the request of Chesterfield County Sheriff Sam Parker.

“It was alleged to this investigator that a Darlington Country Sheriff's officer, Tim Robertson, was involved in a shooting incident in Chesterfield County at the address of 9938 Patrick-Society Hill Road in Society Hill. Upon my arrival at the scene I was met by Sgt. John McCarn of the Chesterfield County Sheriff's Office and other members of this agency, as well as Darlington County Sheriff's Office who revealed the following information. It was received to this investigator that in the process of serving the arrest warrant a shooting incident had occurred involving the Darlington County deputy. Upon further information, I learned that William E. Sheffield was deceased and was identified to me as the suspect of the arrest warrant.”

According to Jordan, officers from the Chesterfield County's office secured the scene until SLED agents could continue the investigation.

Due to the SLED investigation, Darlington County Sheriff Glenn Campbell's comments were very limited.

 
The family of William Sheffield gathered the day after they laid him to rest. Sheffield’s daughter Magen Johnson, his girlfriend Donna Jean Gainey, his granddaughter Zoe Sheffield, sister Diane Wilkes, mother Agnes Sheffield Gainey, son William Sheffield, and brother Merrill Sheffield, are pictured.
PHOTO SHEILA ALLEN


 
“Robertson has been placed on administrative leave pending the investigation by SLED, the coroner’s office and Darlington County Sheriff's Office,” Sheriff Campbell said.

SLED spokesperson Kathryn Richardson said that office had been asked to conduct the investigation, but could not make any further comments.

Neither Campbell nor Richardson would comment on the charges on the arrest warrant the deputy attempted to serve on Sheffield.

Sheffield, 45, lived on Highway 15, outside of Hartville, and operated Sheffield Garage and Wrecker Service, a business inherited from his father.

His girlfriend, Donna Gainey, said she was an eyewitness to the shooting, which resulted in the death of Sheffield.

According to Gainey, she and Sheffield were going to visit a friend, Wayne Walters, when Sheffield's truck, which she was driving, ran out of gas in the driveway.

“I told William the truck cut off and he said he’d push it out of the driveway. About that time I noticed a car pass by us then come back,” Gainey said.

“A man wearing regular clothes in a regular car, which we later found out was a deputy, approached William and told him to turn around and put his hands on the car, but he didn't identify himself.

“William refused because he didn't know who the man was and told him he was not going anywhere with him because he didn't know him,” Gainey said.

She alleged that Robertson then grabbed William, a scuffled ensued and William managed to get away.

“William ran and the officer told him if he didn't stop he would shoot him. He didn't stop running so Robertson shot him in the back,” she alleged.

She claims the officer fired repeatedly into Sheffield’s back as she ran after Sheffield, shouting for him to stop.

“When I got to his body, the officer told me to get away from him. He then turned William over and handcuffed him after he killed him.”

Gainey said about 30 minutes later Robertson called for back up and EMS.

That account has neither been supported nor invalidated by statements from any law enforcement agency.

Chesterfield County Coroner Donald Baker did confirm that Sheffield died about 9:30 p.m. from gunshot wounds.

“We are awaiting the final autopsy reports from the Newberry pathologist to determine the number of times he was shot and where he was shot on his body,” Baker said.

William's mother, Agnes Sheffield Gainey, said her son wasn’t perfect but that she didn’t agree with the way he died.

She said as of presstime no one from the Darlington County Sheriff's Office had called her to discuss what happened.

She and other family admitted that William had a history of arrests ranging from drinking in public, simple possession of marijuana, to receiving stolen goods. And more than 20 years ago, he served time for assault with a deadly weapon. She and other family members said he would always turn himself in to the police and had planned to turn himself in on Monday. As of press time, the charges could not be confirmed through the Sheriff's Office.

“William was a loving child who would give the shirt off his back if someone needed it, but he had a temper,” said his mother, who lived with her son. “But if you would leave him alone he'd calm down in five minutes.”

The family said they are in the process of hiring an attorney and plan to file a lawsuit against Darlington County. They shared a prepared statement.

“William had been accused of stealing a barbecue grill, but had not been charged with the crime and not found guilty.”

This doesn't look good for Deputy Robertson. Sounds like he did a good thing but did it the wrong way. Guess it's true what they say about no good deed going unpunished.

Actually, the story sounds like an absolute bunch of BS that is completely one sided. 1/2 an hour before a call to EMS, BS to me just like the deceased guys GFs story. I think there is a whole lot more to the story.

Shooting anyone in the back is not a good thing unless there
is a immediate threat to another person.

While I applaud it whenever a scumbag gets his due, sometimes it needs to be done in a certain way to avoid situations like these.

It's interesting that the officer was charged, however if I was on the jury, I might have a hard time convicting him.

Quoted: ...If I was on the jury, I might have a hard time convicting him.

To me it would depend entirely on 1. did the officer know about the suspects violent priors before the shooting?  2. Did the officer reasonably believe that the suspect presented a continuing risk to the public if not immediately apprehended.

If the answer to both question is yes then i would vote not guilty.

Quoted: Shooting anyone in the back is not a good thing unless there is a immediate threat to another person.

One of our oral board questions for new applicants is something the the effect of:

You are working with a partner.  You stop at a convienance store and your partner goes in for a cup of coffee while you wait in the car.  You see aman shoot your partner in the back, drop his weapon, then run out of the store. what is your response?

The applicant gets 2 points if his answer is shoot the suspect then render aid to my partner.

The applicant gets 1 point if his answer is pursue the suspect.

The applicant gets zero points if his answer is render aid to my partner.

The applicant gets zero points if he changes his answer when challanged on his first response.  

Quoted: Need A LOT more info.

Yep, suspect could been running and shooting behind him easily.  Numerous things could have made this a good shoot if the facts we have otherwise are actually fact.  Lets just blame it on the cops.

There was a thread about this a week or so ago when the shooting happenend. Still no new facts, especially about the deceased being armed. The cop shoots an unarmed man in the back multiple times while serving a warrant concerning a stolen grill? Sounds like murder to me and looks like this guy is going away for a long time. Rightfully so from the looks of it.

Quoted: S.C. Deputy Charged With Killing Man While Serving Arrest Warrant The Associated Press "The rule of the law prohibits any officer from shooting a fleeing suspect ... four times," prosecutor Jay Hodge told the Florence Morning News.

WTF? This must be a special Carolina "rule of law." There's plenty of lawful reasons for shooting fleeing suspects as many times as you like, even if you don't know them to be armed. Sounds like a scalp-hunting prosecutor, although more info would be helpful.

Quoted: Quoted: S.C. Deputy Charged With Killing Man While Serving Arrest Warrant The Associated Press "The rule of the law prohibits any officer from shooting a fleeing suspect ... four times," prosecutor Jay Hodge told the Florence Morning News. WTF? This must be a special Carolina "rule of law." There's plenty of lawful reasons for shooting fleeing suspects as many times as you like, even if you don't know them to be armed. Sounds like a scalp-hunting prosecutor, although more info would be helpful.

Sorry, you're wrong on this one. The Supreme court established this in Tennessee vs. Garner.

Quoted: There's plenty of lawful reasons for shooting fleeing suspects as many times as you like, even if you don't know them to be armed.

Such as? I'm aware of one or two, none of which seem to apply in this case. I'd like to hear the "plenty".

Obviously we need more information.  For those of you who don't understand the "fleeing felon" ruling by SCOTUS

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=471&invol=1

Tennessee V Garner




Edit because I can't spell Tennessee  

Quoted: "The rule of the law prohibits any officer from shooting a fleeing suspect

Who says the suspect isn't fleeing to a location where he has a weapon stashed?  Bear in mind, I mean a suspect who is known to be violent, not Joe Sixpack.

Quoted: "The rule of the law prohibits any officer from shooting a fleeing suspect ... four times," prosecutor Jay Hodge told the Florence Morning News.

For clarification, because not everyone reads entire threads, That quote was from the prosecutor and not AR15fan

Quoted: Need A LOT more info.

Like Bama said: We need alot more but I see the LEO bashers jumped right on

Quoted: Quoted: "The rule of the law prohibits any officer from shooting a fleeing suspect Who says the suspect isn't fleeing to a location where he has a weapon stashed?  Bear in mind, I mean a suspect who is known to be violent, not Joe Sixpack.

like running into his house where weapons are known to be stored?

If the person fleeing is a dangerous felon who is likely to commit another violent crime, then shoot him until the sumbitch drops.

That prosecutor has his head up his posterior.

"Why shoot a man 4 times???"

"Because he didn't stop the first 3 times he was shot."

Nobody said you had to have common sense to be a prosecuting attorney....

That being said, on to the issue at hand.

Was the shoot righteous?

Impossible to tell from the facts given in the story. What was the arrest warrant for? While running did the suspect make any furtive movements that could have given the officer reason to fear for his life or the life of others? Was the dead man known to carry weapons? Was he running to a place where he could have had access to weapons?

The only eye witness appears to be the dead guy's girlfriend, and trusting her account is just stupid. Cops know that they can respond to a domestic and arrive to see a guy using his wife as a pinata, only to have said wife turn on them and complain that they beat her husband without cause after they make the arrest.

I am sure they are reviewing dashcam (if it exists) and other eye witness evidence.

Either the prosecutor in the first story is a world class idiot, or he has some information that we don't. I am frankly betting on him being an idiot.

Quoted: Quoted: Quoted: S.C. Deputy Charged With Killing Man While Serving Arrest Warrant The Associated Press "The rule of the law prohibits any officer from shooting a fleeing suspect ... four times," prosecutor Jay Hodge told the Florence Morning News. WTF? This must be a special Carolina "rule of law." There's plenty of lawful reasons for shooting fleeing suspects as many times as you like, even if you don't know them to be armed. Sounds like a scalp-hunting prosecutor, although more info would be helpful. Sorry, you're wrong on this one. The Supreme court established this in Tennessee vs. Garner.

I think if you read the decision, you'll see that Garner only abrogated the common law fleeing felon rule, which allowed the shooting of any fleeing person, provided there was PC to believe he was fleeing from the commission of a felony. IMO, the common law rule was an outstanding bit of social hygiene.

The holding: The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

I believe we will have to wait until we hear "the rest of the story", but seems a bit foolish of the officer to notify others involved that he would let them know if the guy was at home, and then took all that action by himself.

Quoted: If the person fleeing is a dangerous felon who is likely to commit another violent crime, then shoot him until the sumbitch drops. That prosecutor has his head up his posterior. "Why shoot a man 4 times???" "Because he didn't stop the first 3 times he was shot." Nobody said you had to have common sense to be a prosecuting attorney.... That being said, on to the issue at hand. Was the shoot righteous? Impossible to tell from the facts given in the story. What was the arrest warrant for? While running did the suspect make any furtive movements that could have given the officer reason to fear for his life or the life of others? Was the dead man known to carry weapons? Was he running to a place where he could have had access to weapons? The only eye witness appears to be the dead guy's girlfriend, and trusting her account is just stupid. Cops know that they can respond to a domestic and arrive to see a guy using his wife as a pinata, only to have said wife turn on them and complain that they beat her husband without cause after they make the arrest. I am sure they are reviewing dashcam (if it exists) and other eye witness evidence. Either the prosecutor in the first story is a world class idiot, or he has some information that we don't. I am frankly betting on him being an idiot.

so if you have violent priors, served your time, it's ok for cops to murder you?  I dont think so

There can't be many duty weapons with 4-shot magazines or cylinders so he didn't shoot this asshole enough times, in my opinion.  He showed incredible restraint.

Quoted: There can't be many duty weapons with 4-shot magazines or cylinders so he didn't shoot this asshole enough times, in my opinion.  He showed incredible restraint.

Maybe the jury will take that into account and give him life instead of the full meal deal. I find it hard to believe mitigating factors wouldn't have been mentioned by this point if they existed.

Quoted: Its about time a police officer was held accountable and responsible for his actions. Sounds like he was on a power trip and wanted play judge, jury and executioner. Give him the chair.

Got all those facts from a 3 line news blurb?

Quoted: Quoted: There can't be many duty weapons with 4-shot magazines or cylinders so he didn't shoot this asshole enough times, in my opinion.  He showed incredible restraint. Maybe the jury will take that into account and give him life instead of the full meal deal. I find it hard to believe mitigating factors wouldn't have been mentioned by this point if they existed.

I'm going to dissagree with you on that one and say that the agency and the officer's representation will stay mum until court.

Quoted: I'm going to dissagree with you on that one and say that the agency and the officer's representation will stay mum until court.

Well, I hope you're right but I hardly ever see a shooting where the agency involved isn't fast to the press with a rationale for pulling the trigger.

Quoted: There can't be many duty weapons with 4-shot magazines or cylinders so he didn't shoot this asshole enough times, in my opinion.  He showed incredible restraint.

I think your logic sucks. Just because he hit the guy 4 times doesnt mean he only fired 4 shots.

Quoted: If the person fleeing is a dangerous felon who is likely to commit another violent crime, then shoot him until the sumbitch drops. That prosecutor has his head up his posterior. "Why shoot a man 4 times???" "Because he didn't stop the first 3 times he was shot." Nobody said you had to have common sense to be a prosecuting attorney.... That being said, on to the issue at hand. Was the shoot righteous? Impossible to tell from the facts given in the story. What was the arrest warrant for?

I believe it was for felony possessio  of stolen property.

While running did the suspect make any furtive movements that could have given the officer reason to fear for his life or the life of others? Was the dead man known to carry weapons?

He had violent priors including shooting into an inhabited dwelling.  We can presume that shooting was done with a firearm and not a supersoaker.

Was he running to a place where he could have had access to weapons?

Like pretty much any house on the street in SC.

The only eye witness appears to be the dead guy's girlfriend, and trusting her account is just stupid. Cops know that they can respond to a domestic and arrive to see a guy using his wife as a pinata, only to have said wife turn on them and complain that they beat her husband without cause after they make the arrest. I am sure they are reviewing dashcam (if it exists) and other eye witness evidence. Either the prosecutor in the first story is a world class idiot, or he has some information that we don't. I am frankly betting on him being an idiot.

This case will hinge on what the officer knew about the suspect before the shooting, and upon the officers training.  

Quoted: so if you have violent priors, served your time, it's ok for cops to murder you?  I dont think so

Left out the part about resisting arrest on a new felony charge.

Quoted: Quoted: so if you have violent priors, served your time, it's ok for cops to murder you?  I dont think so Left out the part about resisting arrest on a new felony charge.

Where does it say felony? The warrant was in connection to a stolen grill.

Quoted: I believe we will have to wait until we hear "the rest of the story", but seems a bit foolish of the officer to notify others involved that he would let them know if the guy was at home, and then took all that action by himself.

It happens.  You do a drive by look to see if the suspects vehicle in in the driveay and he's in the front yard. Because he's been arrested 50 times he knows every cop in that part of the state and recognises you even though your in plain clothes and a unmarked sedan.

If you take immedaite action you might still get the suspect in custody.  If you drive buy you have been burned, wasted countless hours of work up, and have to start over.  How many more people will he victimize while you track him down again?  If you stop and call for backup your stuck in  the kill zone while he's inside loading mags and barracding to doors.

The difference betwween competent cops and great cops is usually decisiveness, initiative and agression. The cops that make 100 felony arrests a year are the guys who are already acting while the average cop is still processsing what he just saw. So I dont blaim him for trying to make the collar.

Quoted: Quoted: so if you have violent priors, served your time, it's ok for cops to murder you?  I dont think so Left out the part about resisting arrest on a new felony charge.

"The rule of the law prohibits any officer from shooting a fleeing suspect ... four times" deal with it

Quoted: Quoted: "The rule of the law prohibits any officer from shooting a fleeing suspect Who says the suspect isn't fleeing to a location where he has a weapon stashed?  Bear in mind, I mean a suspect who is known to be violent, not Joe Sixpack.

who says he wasnt on his way to the mothership to activate the ray that will save mankind?  arbitrary presumption isnt much of an excuse, much less one that involved guns in the bushes.

i say for a piddly minor-theft warrant they could have avoided shooting him in the back.

Quoted: Quoted: Quoted: so if you have violent priors, served your time, it's ok for cops to murder you?  I dont think so Left out the part about resisting arrest on a new felony charge. Where does it say felony? The first sentance of the article "A South Carolina sheriff's deputy on Wednesday was charged with fatally shooting a man while attempting to serve him an arrest warrant for grand larceny. Grand Larceny is a felony.  simple larceny is a misdemeanor. The warrant was in connection to a stolen grill.

Misdemeanor or felony would depend on the manner in which it was stolen, how much it was worth, and did the suspect have priors for the same offense (Petty theft is a misdemeanor.  Petty theft with a prior petty theft conviction is a felony in my state.)

4X in the back and that's ok with some of you?

Quoted: Quoted: Quoted: so if you have violent priors, served your time, it's ok for cops to murder you?  I dont think so Left out the part about resisting arrest on a new felony charge. "The rule of the law prohibits any officer from shooting a fleeing suspect ... four times" deal with it

Unless SC law specifically prevents it, then the prosecutor is wrong and was likely misquoted out of context.  Tenn Vs Garner did not make it illegal to shoot a fleeing felon.

Quoted: 4X in the back and that's ok with some of you?

Lifetime loser.  Guy who has done so many beatings, attempt murders, and drive buys that he's been convicted on some of them.  After getting out of jail/prion  he has continued his life long crime spree.  He has a felony warrant for his arrest. He resisted that lawfull arrest.  If you reasonbly belived the suspect would continue his crime spreee, racking up more victims if not immediately apprehended, then its a good shoot.

This was not the kid down the street running from a traffic ticket.