Family of Horry man killed by SC trooper will ask DOJ to intervene, lawyer says
The attorney representing the family of Tristan Vereen, whom a South Carolina Highway Patrol trooper fatally shot last year, disagrees with a report that says the officer acted lawfully.
South Carolina Law Enforcement Division determined S.C. Highway Patrol Master Trooper W.B. Benton was acting in self-defense when he shot Vereen, leading Horry County Solicitor Jimmy Richardson to announce Monday that Benton will not face criminal charges.
Following a traffic stop that led to a struggle, Vereen grabbed Benton’s taser, used it on him and bit the officer before Benton shot Vereen, according to SLED’s investigative report on the shooting.
But civil rights attorney Harry Daniels, who represents Vereen’s family, questions the legality of Benton stopping Vereen in the first place.
SLED’s investigative report, provided in summary by Richardson’s office, confirms that Benton initiated the stop Sept. 11, 2021, in the Longs area due to visible cracks in Vereen’s car windshield.
Daniels has repeatedly argued that a cracked windshield is not a traffic violation, so the stop itself was illegal.
“Tristan had a right to resist the arrest,” Daniels said at a September demonstration in Conway following the shooting.
The solicitor’s report cites two South Carolina statutes regarding the operation of unsafe vehicles in support of Benton’s decision to stop Vereen. But a criminal justice expert previously told The Sun News that there is confusion in state laws regarding whether those statutes would specifically apply to a cracked windshield.
Daniels told The Sun News Monday that he and the family stand by their position about the stop being unlawful. They plan on asking the U.S. Department of Justice to intervene in light of the solicitor’s announcement.
He also noted that the family hasn’t had an opportunity to review all of SLED’s evidence, including statements from Benton about the shooting.
The chase and shooting
After Benton attempted to initiate the traffic stop, Vereen fled, shouting, “I can’t go to jail! I can’t go back man!” at the officer, according to the solicitor’s report.
The car chase turned into a pursuit on foot, when Vereen left his vehicle in a vacant lot near a residence, and Benton discharged his taser and attempted to handcuff Vereen.
After Vereen took Benton’s taser, Benton drew his pistol and fired a single round into Vereen’s chest, the investigative report states. Vereen, 33, was pronounced dead at Grand Strand Medical Center.
“Here the evidence you uncovered shows Trooper Benton had ample probable cause to believe Vereen committed felony assault on a police officer while resisting arrest and posed an immediate threat of death or serious bodily harm to Benton,” Richardson wrote in his summary.
Protests
Dozens of protesters gathered in Conway last September to demand justice for Vereen, and more demonstrations could be on the way following Monday’s announcement.
Ashlyn Preaux, co-founder of Grand Strand Action Together, said she would follow the lead of Vereen’s family as far as future demonstrations.
She said she wasn’t surprised by the solicitor’s decision, arguing that it’s further proof of a broken system, where officers rarely face accountability for their actions.
Preaux pointed to the “disturbing” dashcam footage that appeared to show Vereen running away when Benton discharged his taser. She noted proper deescalation training should have prevented such an incident.
“If they’re running away, don’t shoot them in the back,” Preux said. “Seems like a pretty cut-and-dry case of police misconduct.”
This story was originally published February 28, 2022 at 7:58 PM.
