He ‘had a right to resist’: Lawyers say SC trooper’s killing of man in Horry unlawful
Lawyers for Tristan Vereen’s family brought up misconduct from the South Carolina Highway Patrol trooper who shot and killed him and repeated claims of an unlawful traffic stop at a press conference Wednesday.
“Tristan had a right to resist the arrest,” attorney Harry Daniels said.
At a Wednesday press conference outside the Horry County Courthouse, Tristan Vereen’s family and friends, along with activists and lawyers, responded to videos that were released to media that show parts of the struggle that led to a Highway Patrol trooper shooting him.
The videos, released by law enforcement, show different angles of the car chase and physical fight that followed. One of them has audio in which Vereen and the trooper can be heard talking and fighting until a shot is fired by the trooper.
Vereen’s lawyers and family contest that the initial traffic stop, for what they say was a cracked windshield, was illegal. South Carolina law is vague on the subject, according to the state’s code of law “no person shall drive or move on any highway any vehicle unless the equipment thereon is in good working order and adjustment as required in this chapter and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.”
In the early 90s a bill to amend the code of laws so that “a vehicle with a cracked or broken windshield that does not obstruct the driver’s view is not considered unsafe or dangerous” made it’s way through committees in the state senate but was never signed into law.
It is unclear from dashcam footage how cracked the windshield was. The dashcam footage was released to The Sun News from the South Carolina Department of Public Safety after a Freedom of Information request.
The home-security video was shown to Vereen’s family and lawyers before being released to media “in the interest of full transparency,” Jimmy Richardson, Horry County solicitor said in a prepared statement sent out with the surveillance footage.
“Generally, we would wait until the investigation is complete before releasing any information, however a certain amount of misinformation was circulating in the community and this is our effort to alleviate any misinformation,” Richardson said.
Dashcam video
Dashcam footage, request on Sept. 24, and shows a car chase that ends with Vereen running out of frame, pursued by the trooper.
This was the second video released by law enforcement surrounding the shooting but the first with audio. The first video, from a private home camera, released by the Horry County solicitor shows parts of the fight between Tristan Vereen and Whitney Blake (W.B.) Benton but with no sound attached.
After the car chase through Red Bluff, the 44-minute-video mostly shows the back of Vereen’s gray Honda Element, but the officer can be heard chasing Vereen around the yard telling him to stop and that he “must be high on something.“
About 30 seconds into the foot chase, Benton is heard saying “get on the ground,” followed by the sound of a taser being shot and Vereen screaming.
“They’re trying to kill me,” Vereen is heard shouting as the sound of the taser continues. Benton is shouting at Vereen to “let me see your hands.”
Benton repeats the command at least five more times as the sound of the taser persists over the sound of the two men wrestling. It is unclear who is using the taser at this point in the video. Jimmy Richardson, Horry County’s solicitor, has said that Vereen used the taser on Benton after he put it down during the fight. Photos released by the solicitor show taser marks on Benton’s neck.
The taser continues to go off as Benton shouts at Vereen “I’ll shoot you.” Benton then yells “he’s biting me” twice before the sound of a gunshot is heard. Photos released by the solicitor’s office show a black and blue bite mark on Benton.
After the gunshot is heard, Benton again asks to see Vereen’s hands. Vereen is heard moaning and then screaming “He killed me. Help me, oh lord, help me. I’ve been shot.” Benton asks for help over the police radio.
Benton then tells Vereen to turn over, twice, “or I’ll do it again.”
Benton then walks back to his patrol car and asks dispatch for an ambulance and more officers. Benton then paces towards the front of his car, coming into frame for a moment and then walks back out. He groans from pain and his shoulder appears to be injured. He needed surgery after the shooting, but police have not given details about his injuries.
Home security video
The fight is seen taking place in a private yard with a driveway and carport on McNiell Chapel road.
The video is two minutes and five seconds long and begins with Vereen’s car pulling up to the driveway before he exits and runs.
A South Carolina Highway Patrol car follows immediately behind Vereen’s car. When Vereen takes off running, Benton exits the patrol car and briefly chases Vereen.
The foot pursuit ends with Benton throwing Vereen to the ground on the driveway and attempting to arrest him. Vereen appears to try to get away when Benton begins to tase him.
Benton eventually drops the taser and Vereen picks it up and begins to use it on Benton.
The view of the struggle is partially obstructed by a carport covering the driveway, and it is unclear when Benton draws his gun.
Vereen is on top of Benton when it appears Vereen was shot, one minute and 19 seconds into the video. Vereen can be seen falling to his side and propping himself up on his right hand and hip.
Benton is then seen walking behind a stumbling Vereen, who has streaks of blood running down his shirt. The sight of the blood is mostly obscured by the black rectangle edited to hide Vereen’s face. Benton has his gun drawn and Vereen takes off his shirt.
The footage shows Benton shooting shooting Vereen at 3:53 p.m. Vereen died at Grand Strand Medical Center at about 5 p.m.
Benton was placed on paid administrative leave while an investigation unfolds, according to Capt. Kelley Hughes with the South Carolina Highway Patrol.
The South Carolina Law Enforcement Division conducts police shooting investigations at the request of the agency involved in the incident. Information gathered in the SLED investigation of the incident will be summarized in a case file report to be submitted to prosecutors.
The shooting was the 28th police shooting in South Carolina in 2021. In 2020, there were 49 police shootings in South Carolina; two involved the SCHP.
This story was originally published September 29, 2021 at 1:25 PM.
