Former North Myrtle Beach Public Safety director’s stolen handgun recovered in drug-related bust

A stolen police handgun that once belonged to William Bailey, former public safety director in North Myrtle Beach, was recovered during a drug-related arrest on the Carolina Bays Parkway in Horry County earlier this month, according to Bailey’s lawyer and police records.

Kashief N. Spain, 34, of 2000 Greens Blvd. in Myrtle Beach, was arrested by the county’s Drug Enforcement Unit and the S.C. Highway Patrol at 4:50 p.m. on Nov. 14 near mile marker 14, according to an incident report. Spain was charged with unlawful possession of a pistol, driving under suspension, failure to stop for a blue light and possession of 28 grams of marijuana. He is being held at the J. Reuben Long Detention Center, according to county records.

The report shows highway patrol attempted to stop Spain for a traffic violation and he fled from police. During a pursuit, Spain threw a handgun out of the vehicle, which was later recovered by drug enforcement unit agents, according to the report.

It is not clear how Spain came to possess the weapon. He was in prison when the gun was stolen from Bailey’s unlocked truck in the early morning hours of Dec. 21, 2009.

Bill Knowles, director of the drug enforcement unit, said he cannot confirm that the weapon Spain allegedly tossed belonged to Bailey. However, the serial number of the recovered gun – a .40-caliber mini Glock – matches the one Bailey provided to county police when his handgun was stolen from his unlocked truck nearly two years ago, according to incident reports.

Kenneth Moss, a lawyer who represents Bailey in a civil lawsuit he filed against North Myrtle Beach officials, said he is making arrangements to return the weapon to North Myrtle Beach officials. He said the city can thank Bailey for the weapon’s return.

“The city never filed an incident report or did anything to try to recover the gun,” Moss said. “Bailey did what he was supposed to do. He was the victim of a crime and he reported it. The city was more interested in smearing Bailey than in finding the gun.”

City spokesman Pat Dowling said there was no need for the city to file another police report.

“How many reports do you need?” Dowling said. “The theft occurred in the county and it was appropriate for Bailey to file a report with the county. It was never in our jurisdiction.”

Dowling said the city will put the gun in inventory once it is returned.

“My guess is that it will never go back into service,” he said.

The theft of the handgun played a key role in Bailey’s demotion and then forced retirement in 2010 after a 20-year career with the North Myrtle Beach Police Department.

Former City Manager John Smithson and other city officials have said Bailey repeatedly lied to them about his gun being in a locked glove box on the night it was stolen. Bailey denies lying about the gun.

The city issued a news release stating the gun was locked in the glove box of Bailey’s truck after The Sun News raised questions about whether Bailey was negligent in the storage of his weapon.

Bailey – who told police his truck was unlocked, according to an incident report – has said he wanted to use the word “secure” instead of “locked” to describe the gun’s storage, but he was pressured by city officials to agree to the wording in the news release.

Moss said city officials wanted to say the gun was locked because they thought that would disparage the newspaper’s reporting of the incident. A follow-up investigation by The Sun News showed the glove compartment in Bailey’s truck model had no lock and city officials were forced to recant their original version of the gun’s storage.

Smithson said the city’s initial statements were based on lies Bailey told him and others about the theft. Moss, said the city got caught trying to play games with the media and used Bailey as a scapegoat for their mistakes.

Smithson suspended Bailey and demoted him to lieutenant before giving him an ultimatum to either resign or be fired by April 29, 2010.

Moss said Smithson chose that date because he thought it would prevent Bailey from achieving his 20-year employment anniversary on April 30, 2010, and, thereby, qualify for state retirement benefits. However, Smithson miscalculated Bailey’s anniversary date by one day – the actual anniversary was April 29 – and Bailey was able to purchase additional years of service to qualify for full retirement benefits prior to his dismissal.

Bailey filed a lawsuit in June against the city, claiming Smithson and others conspired to defame him, violated his constitutional rights and wrongfully forced him to retire from his job. He is seeking actual damages of at least $11 million and unspecified punitive damages. Moss said he expects the case will go to trial next year.

The man now accused of possessing Baley’s stolen gun has a long and violent criminal history. Spain was in state prison from June 2, 2000, to Nov. 1, 2010, according to Clark Newsom, communications director for the S.C. Department of Corrections. He was serving six concurrent 15-year sentences for burglary and second-degree violent burglary, according to State Law Enforcement Division records.

Spain also served 19 months in prison in the late 1990s for armed robbery, according to Newsom.

Spain’s arrest this month is at least the third time he has been incarcerated since his release from prison last year, according to county detention center records. He was arrested on Jan. 3 and charged with marijuana possession, trespassing and purchase of a controlled substance within proximity of a school. He was arrested again on March 9 and charged with driving under suspension, reckless driving, failure to stop for a blue light and drug possession.

Spain was released from jail following those arrests after posting bond. He was being held Monday evening on $47,000 bond related to charges from his Nov. 14 arrest.