He asked Horry police for video from his case, but they refused to release it, suit says
A 54-year-old man says Horry County police refused to turn over public records in violation of state law, and now he is suing the agency because of it.
John Kubilis asked a judge to rule that the Horry County police violated the Freedom of Information Act and must provide the records he requested.
Horry County police officers arrested Kubilis in March 2018 on charges of unlawful consumption of alcohol while carrying a concealed weapon and pointing a firearm at a person.
A month later, Kubilis asked prosecutors for evidence in his case, including any possible video documentation of the incident, according to court paperwork. An officer testified at a preliminary hearing that surveillance video recorded the alleged incident on videotape, according to court records.
Kubilis pleaded guilty in July to unlawful carrying of a pistol and was sentenced to one day in jail with credit for time served. He also wrote a letter to the 15th Circuit Circuit Solicitor’s Office thanking them for forwarding all the evidence in their possession, except it was never received, according to the court records.
In March 2019, Kubilis filed a Freedom of Information Act request with Horry County police for the video evidence. It was initially denied as the agency said it did not own the video, according to court records. After a brief exchange, the agency confirmed it had the video, but it would not provide the records.
The agency cited part of state code that allows police departments to deny providing public records that would “interfere with prospective law enforcement proceedings,” according to the court paperwork.
Kubilis says that rejection violates South Carolina FOIA laws, and the agency should be forced to provide the information, according to court records.
Horry police spokeswoman Mikayla Moskov said it is county policy not to comment on pending lawsuits.
This story was originally published May 6, 2019 at 2:30 PM.
