Former ‘hard-partying bar’ over-served ex-CCU player before fatal DUI, lawsuit alleges
A former Conway-area nightclub is facing accusations of over-serving an ex-Coastal Carolina football player before he drove off and fatally struck a pedestrian.
American Tavern, which previously operated in the building currently occupied by Crooked Floor Tavern off S.C. Highway 544, was named in a wrongful death lawsuit filed on behalf of the estate of Timothy “Timmy” Shulkcum.
During the early morning hours of Jan. 25, 2020, Riley Patton drove his truck into the median on Highway 544 and struck Shulkcum, according to previous Sun News reporting.
Shulkcum, 55, of Myrtle Beach, was standing outside his truck in the median assisting his sister, whose car had run out of gas, the lawsuit states.
Patton, who was 23 at the time of crash, had previously served as a long snapper on the CCU football team, according to online team records, and was a graduate assistant for the team at the time, according to the lawsuit.
CCU spokesman Jerry Rashid responded to questions about Patton’s employment history with the university by stating that The Sun News would need to file a Freedom of Information Act request, which a reporter did on Monday.
American Tavern, which closed in April 2020, according to documents filed with the S.C. Secretary of State’s Office, was known as “a hard-partying bar where CCU students — including underage students — could drink excessive amounts of liquor with very little (if any) regulation or oversight by the bartenders,” the suit alleges.
Patton arrived at the club already intoxicated about 10 p.m. with friends and drank 10-15 vodka drinks, in addition to several shots of liquor. He left about 12:30 a.m. “in an extremely intoxicated state” and got behind the wheel of his truck in clear view of the tavern’s employees, the complaint states.
After driving into Shulkcum, Patton fled the scene and pulled into a nearby gas station, where he was arrested by police, who tested his blood alcohol level at 0.163, more than twice the legal limit in South Carolina, according to the suit.
Settlements
Patton is named in the lawsuit, though Liam Duffy, an attorney for Shulkcum’s estate, noted his inclusion is just a legal necessity, and they’re only seeking money from the former club. Patton’s insurance carrier previously settled with the estate for $100,000, according to court filings.
A similar settlement with American Tavern has been stalled because it was serving $1 drink specials that night, and its insurance carrier is taking the position that it only covers incidents related to drinks that cost $3 or more, according to Douglas Jennings, another attorney representing the estate.
“That would be like an insurance carrier saying it will cover (incidents related to) tequila, but not vodka,” he said, noting that this seems to be contrary to the intent of S.C. legislators, who passed a law in 2017 requiring any establishment that serves alcohol to possess liability insurance coverage of at least $1 million.
Blake Leek, who was listed in S.C. business filings as a member of the limited liability corporation that operated American Tavern, did not return a voicemail seeking comment.
Contact information for Patton could not be located.
Patton, of Knoxville, Tennnessee, was initially charged with felony DUI resulting in a death, which carries a recommended sentence of 1-25 years in prison, but pleaded guilty to a lesser charge of involuntary manslaughter, according to online court records.
He was sentenced under the South Carolina Youthful Offender Act to five years in prison suspended to three years probation with random drug and alcohol testing, according to Tonya Root, a spokeswoman for the Horry County Solicitor’s Office. Root noted that Shulkcum’s family was okay with the reduced charge.
The victim
Marie Carter, Shulkcum’s sister and the personal representative of his estate, described her brother as a hard-working, selfless person that “would give you the shirt of his back.”
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He served with the U.S. National Guard for more than eight years and held a number of jobs including security officer and truck driver.
“Timmy’s loving presence is missed by his family every single day,” Carter said.
