He was shot 9 times by police who said he had a gun. Those charges didn’t hold up.
Julian Ray Betton no longer faces the gun charges officers cited as their reason for shooting him multiple times when they entered his home with a battering ram in a drug raid two years ago. The shooting left Betton paralyzed.
Betton, now 32, pleaded guilty to a count of marijuana distribution and a count of marijuana possession with intent to distribute, sitting before a judge on a gurney inside an Horry County Courtroom Thursday morning. Five other charges lodged against him in the case, including three counts claiming Betton pointed a gun at the officers who shot him nine times, were dropped in the plea deal.
Judge Larry Hyman, Jr., sentenced Betton to five years for each charge, but suspended the sentences as “time served,” noting that an incarceration in Betton’s condition would not benefit anyone.
Today was an absolute victory for justice for Julian and for the people of South Carolina to know who’s watching the watchers.
Jonny McCoy
Julian Betton’s attorney“He sentenced Julian to time-served which was a huge victory for Julian because he’s been through enough,” said Betton’s attorney, Jonny McCoy. “He’s paralyzed. He sees multiple medical providers every week. He has round-the-clock care… He was put in that chair by the unlawful acts of those police officers that day and that’s where he’ll be most likely for the rest of his life. If that’s not punishment enough for selling $100 worth of weed and having marijuana in your house … I don’t know what is.”
Betton filed a lawsuit against the 15th Circuit Drug Enforcement Unit and the officers who shot him, claiming the agents entered his home without announcing they were police and gunned him down without him ever firing a weapon.
The lawsuit was put on hold until the criminal case could be wrapped up, according to McCoy.
“It’s our intention at this point to file some motions to see if we can get the civil case back on track and back in the court,” said attorney Bradley Bannon, who is leading the prosecution of Betton’s civil case. “It remains to be seen how anything that happened today may affect the civil case.”
But McCoy called Thursday a good day.
“Today was an absolute victory for justice for Julian and for the people of South Carolina to know who’s watching the watchers,” McCoy said.
DEU officers charged Betton with four counts of marijuana possession with the intent to distribute after an informant purchased marijuana from Betton twice in an undercover operation. The recorded purchases helped agents obtain an arrest warrant for Betton and a search warrant for his Withers Swash apartment where officers say they found 222 grams (nearly 8 ounces) of the drug during the raid on April 16, 2015.
The gun charges were filed seven months later when the three officers, who shot Betton, claimed he had pulled a gun on them. But the story of how officers entered the home and the shooting that followed remains in dispute.
DEU agents told state investigators that they knocked and announced their presence before entering Betton’s home as their warrant required. Video surveillance footage from a motion-activated camera on Betton’s porch, however, showed that any “knock” likely came from the thundering hit of a battering ram used to open the door.
It’s our intention at this point to file some motions to see if we can get the civil case back on track and back in the court.
Bradley Bannon
attorney for Julian BettonThe video obtained by The Sun News in 2015 does not include audio and agents said body cameras were not activated at the time so it remains unclear what, if anything, was said.
“The execution of the search warrant was unlawful,” McCoy said after the hearing. “They hit the door. They gained entry unlawfully without saying who they were and they unloaded AR-15s into his house.”
In his lawsuit, Betton claims he was walking out of the bathroom when he was startled by armed strangers - one wearing a mask, some with backward baseball caps, but all wearing bulletproof vests - in his apartment. Betton had a gun in his waistband, but claims he never tried to shoot it.
McCoy said that they estimate about 38 shots were fired during the raid. None of the shots came from Betton’s gun. Bullets sprayed the inside of Betton’s apartment and lodged in his torso and legs, crippling him.
It remains uncertain if Betton will ever walk again, but his attorneys say he hopes to.
He was put in that chair by the unlawful acts of those police officers that day and that’s where he’ll be most likely for the rest of his life. If that’s not punishment enough for selling $100 worth of weed and having marijuana in your house … I don’t know what is.
Jonny McCoy
Julian Betton’s attorneyPolice originally said they fired at Betton when he started shooting at them. They later admitted that wasn’t true.
“I think that the most important thing to take away from today regardless of the impact on the civil case is that there is absolutely no proof and no evidence that Julian Betton either fired his weapon or … even raised and pointed his weapon at police that day,” Bannon said.
Like all police-involved shootings in South Carolina, the case was investigated by the State Law Enforcement Division. The SLED investigation found Betton never fired the gun in his waistband. But officers said they knew he had a gun and in the chaos of the moment they feared their lives and the lives of the other agents in the room were in danger.
An independent prosecutor reviewed the state agency’s findings and concluded that the officers acted in self defense.
“Julian Betton came into court today to accept responsibility for his violations of the law. We filed suit in the civil case to see whether the law enforcement agency, who put him in a wheelchair, will be made to do the same,” Bannon said. “We intend to do our part in that litigation to make sure that they will.”
The drug enforcement agents targeted in the lawsuit claim Betton’s injuries and damages were caused by Betton’s own acts of “negligence.”
Emily Weaver: 843-444-1722, @TSNEmily
This story was originally published March 16, 2017 at 2:54 PM with the headline "He was shot 9 times by police who said he had a gun. Those charges didn’t hold up.."