Thisstory was updated on Wednesday, May 10, 2023, to reflect comments made by York County Sheriff Kevin Tolson at a press conference.
A Rock Hill man shot at multiple times by police two years ago is suing York County and the Sheriff’s Office.
Trevor Mullinax and his mother, Tammy Beason, filed a lawsuit on May 5, claiming sheriff’s deputies fired approximately 50 rounds into Mullinax’s truck on what was supposed to be a wellness check in May 2021.
The incident
Bodycam footage of the May 7, 2021, incident shows officers pull up to Mullinax’s truck – parked at his residence – with Beason standing by the driver’s side door. Officers quickly step out of their vehicles, demand to see Mullinax’s hands, and begin firing several times as Beason flees to her right.
Mullinax was hit multiple times, but survived. He was arrested and charged with pointing a gun at officers. Beason was not hit, but was escorted from the site in handcuffs. A SLED investigation cleared the four officers of wrongdoing.
The background
The roots of the incident stem from outstanding warrants against Mullinax, about which he reportedly became so despondent that he had gone to sit in his truck with a shotgun. In a press conference Tuesday, Mullinax’s co-attorney, Jacob Bell, said that “the only purpose of that shotgun was, [Mullinax] was contemplating suicide.”
Mullinax’s cousin called 911 for a wellness check, and Beason had gone to the truck to counsel her son. Per bodycam footage, officers arrived at the property and spoke with family before heading to the truck where Mullinax sitting in the front seat.
In Tuesday’s press conference, Bell said that the warrants in question against Mullinax had been dismissed but also said that officers were responding to the fact that Mullinax had warrants against him and “overlooked the fact that this initially was a welfare check from his cousin.” Bell said the fact that Mullinax was potentially suicidal was not relayed to officers.
The lawsuit
While Mullinax was charged – by SLED – with “pointing and presenting a firearm at the deputies,” the lawsuit filed last week (barely making the two-year statute of limitations to file in such a matter) claims this “did not happen and is not true.” The suit alleges that the charges were leveled against Mullinax in order to “provide ‘cover’ to Sheriff’s deputies for the utter excessive use of force” used.
The suit cites gross negligence on the part of the sheriff’s office, claiming the department did not properly train and manage officers to handle the Mullinax incident properly. The suit also claims false imprisonment, malicious prosecution, defamation, barratry (creating unneeded legal business), abuse of process, civil conspiracy, civil assault and battery, and intentional infliction of emotional distress.
During Tuesday’s press conference at her property, Beason said she is still getting over the incident.
“I want to be able to believe in law enforcement,” Beason said. “To get back my belief that they’re not going to hurt you. At this moment in time, I promise you that if there was somebody breaking into my house, there’s no way that I’m calling 911 to come and help me.”
The sheriff’s response
On Wednesday, Sheriff Kevin Tolson took an unprecedented step by holding a press conference in response to the Mullinax press conference the day before.
Tolson took no questions, but gave a brief, prepared statement in which he defended the actions of his deputies on May 7, 2021.
“If a suspect pulls a gun on a man or a woman wearing a badge that says the York County Sheriff’s Office, that situation is not going to end well for that suspect,” Tolson said. He said that since the death of Deputy Mike Doty in 2018, he has “vowed to do everything in my power to ensure that the York County Sheriff's Office does not lose another police officer in the line of duty.”
Tolson cited the SLED investigation in which Beason stated that she saw Mullinax grab the shotgun when the deputies arrived and that Mullinax was not allowed to possess a firearm.
Tolson also said that police officers should not be the ones fielding mental health calls, and that more mental health resources are need to circumvent law enforcement responding to crises.
“I'm tired because police officers today are forced to take on so many roles that should not be the responsibility of law enforcement,” he said. “And then we face criticism for how we handle these responsibilities that are forced upon us.”
In a written statement Tuesday, , the Sheriff’s Office said: “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.”
Full YCSO Statement:
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,” said Sheriff Kevin Tolson. “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.
