SC police officer who fatally shot Horry County man acted in self-defense, SLED says
The South Carolina Law Enforcement Division has determined that an officer who fatally shot a man in Horry County last year acted lawfully.
The State Law Enforcement Division concluded the South Carolina Highway Patrol trooper who shot and killed Tristan Vereen acted in self-defense, according to a press release Monday from the office of Fifteenth Circuit Solicitor Jimmy Richardson.
South Carolina Highway Patrol Master Trooper Whitney B. Benton will not be charged criminally, the press release states.
Benton shot Vereen Sept. 11, 2021 in the Longs area of Horry County after a police chase that ended with a foot pursuit and a physical struggle in which Vereen used Benton’s taser against him.
Investigative report
SLED’s investigative report, as described by Richardson, breaks down the events that led up to Vereen’s killing on a nearly minute-by-minute basis. The report builds the case that Benton acted legally and in self-defense when he fatally shot Vereen.
The events described in the report were caught on Benton’s patrol car dashboard camera. Additionally, the chase between Benton and Vereen was captured on a security camera set up on the exterior of the residence.
Richardson released the security camera footage to the public Sept. 22 “in the interest of full transparency” and to combat misinformation, he said in a prepared statement that was released alongside the footage.
The interaction began about 3:47 p.m. when Benton attempted to make a traffic stop on Vereen for a damaged windshield, with “several large cracks clearly visible,” according to Richardson’s report.
The cracked windshield prompted Benton to begin a traffic stop for an unsafe equipment violation. An attorney for Vereen’s family has argued that a cracked windshield doesn’t qualify under state laws as a traffic violation, and thus the initial stop was illegal.
Vereen stopped the Honda and pulled over to the right side of the road, but before Benton could exit his patrol car, Vereen accelerated and turned back into the road way, making a u-turn.
Benton shouted at Vereen, “What are you doing?” and repeated commands for Vereen to “Pull over right there,” according to the report.
Vereen shouted back, “I gotta go man . . . I can’t go to jail. I can’t go man,” and Benton shouted back “I ain’t gone take you.”
Benton clarified to investigators that he was trying to tell Vereen that he would not arrest him for an unsafe equipment violation, the report said.
Vereen attempted to flee, eventually making an abrupt left turn into a vacant lot near a residence, driving through the front yard of the residence, breaking through a wooden fence, and circling the residence into the backyard.
Benton followed until Vereen jumped from his car while it was still moving, leaving it to crash into a tree, the report states.
The chase continued on foot with Benton giving Vereen multiple commands to stop. After Vereen did not comply, Benton used his taser on Vereen.
Taser and shooting
After being hit by the taser, Vereen fell to the ground, dropping a white container from his hand. The container was processed during the SLED investigation and was found to contain cocaine, marijuana and fentanyl.
While Vereen was on the ground, Benton attempted to put him in handcuffs, but that led to a fight, with Vereen again using his taser, this time pressing it directly to Vereen’s skin, according to the solicitor’s report.
The taser “did not seem to have any effect on Vereen.” Benton told investigators that the taser seemed to be “physically working but not effective” in “drive-stun mode.”
Benton then dropped the taser on the ground to free both his hands to control Vereen.
During the struggle, Vereen picked up Benton’s discarded taser, bit Benton on the right forearm and rolled on top of Benton, who was flat on his back. Vereen straddled Benton and used the taser on Benton’s neck.
While Vereen was on top of him with the taser, Benton drew his pistol and fired one round into Vereen’s chest.
Vereen was later pronounced dead at Grand Strand Medical Center.
Benton’s medical records show that he suffered a human bite to the right forearm, several taser abrasions to the throat area, and a dislocated left shoulder that required surgery.
Benton told investigators he believed shooting Vereen was his “last option,” fearing Vereen would take his pistol and use it on him.
This story was originally published February 28, 2022 at 5:01 PM.
