Charges in Broadway at the Beach attack downgraded from murder

A man has been indicted for involuntary manslaughter and high and aggravated assault after an “unprovoked, ambush-style attack” left a Loris man dead at a now-shuttered Broadway at the Beach restaurant last fall.

Philip David Guderyon, 32, was originally charged with the murder of Justin Hodges, 25, of Loris who died Oct. 25 after suffering a “major head trauma” in an incident that happened Oct. 17 at the former Carlos’ n’ Charlie’s restaurant at Broadway at the Beach, according to a Myrtle Beach police arrest warrant.

“After reviewing all the evidence and talking with police officers and the victim’s family and everyone else, I made the decision that the evidence supported a charge of involuntary manslaughter rather than murder. However, I did feel the evidence also still supports the charge of assault and battery of a high and aggravated nature,” Horry County assistant solicitor Martin Spratlin said.

An Horry County grand jury agreed with Spratlin, and Guderyon was indicted Jan. 21 on assault and battery of a high and aggravated nature and involuntary manslaughter, according to court documents.

“Philip David Guderyon did in Horry County on or about October 17, 2015, unintentionally kill Justin Hodges, without malice but while engaged in an unlawful activity not naturally tending to cause of death or great bodily injury, or while engaged in a lawful activity with reckless disregard for the safety of others,” the indictment states.

Guderyon is at J. Reuben Long Detention Center awaiting a trial date, which could be sometime this year or early next year, Spratlin said.

“My hope is that I’ll be able to get the case tried in a timely manner and get justice for the family and the victim,” Spratlin said.

The assault charge carries a maximum of 20 years and if convicted, Guderyon would have to serve at least 85 percent of his sentence, while the maximum sentence for involuntary manslaughter is five years.

Spratlin declined to comment on the evidence connected to the case that led to the downgrade of the murder charge. He also declined to talk about the facts of the case, including the moments just before the attack, because it is an ongoing proceeding.

On Dec. 16, Guderyon was denied bond by Circuit Court Judge Benjamin Culbertson based on Guderyon’s previous record and lack of a stable housing situation.

Spratlin told the judge at that bond hearing Guderyon has several criminal charges from other states, including a kidnapping charge in Massachusetts.

Tom Floyd, Guderyon’s lawyer, could not be reached for comment.

On Oct. 17, Myrtle Beach officers were called about 12:34 a.m. to Carlos ’n’ Charlie’s at Broadway at the Beach to assist with a medical issue, authorities said in an arrest warrant.

Police interviewed witnesses, reviewed video footage and determined Hodges was the victim of an “unprovoked, ambush-style attack,” the warrant said.

Police allege Guderyon “maliciously attacked Hodges without just cause or excuse.”

Guderyon was originally arrested by Myrtle Beach police Oct. 19 in connection with assault and battery of a high and aggravated nature.

Carlos ’n’ Charlie’s, now shuttered, was once a popular Mexican restaurant by day and then took on a nightclub-like atmosphere after sunset. The business shut down Oct. 31 after five years at Broadway at the Beach, and the closure was announced amid several other business closures and changes at the 20-year-old entertainment complex.

The 20-year-old building that housed Carlos ‘n’ Charlie’s will be demolished to make way for a new 21,000-square-foot, two-story building that will house a Paula Deen restaurant and retail shop.

Burroughs & Chapin Co., Inc., which owns Broadway, declined to comment Thursday on the incident involving Hodge’s death.

“Burroughs & Chapin Company, Inc. hosts more than 14 million visitors each year at Broadway at the Beach. We make every effort to maintain Broadway at the Beach as a safe place for everyone to come and have fun. It is a well-lit complex with a well-trained security force on duty, but no one can possibly anticipate when incidents may occur,” B&C spokeswoman Lei Gainer said about the complex’s overall security.

Kimberly Pellum, Hodges’ mother, declined to speak to directly to The Sun News, but said through the family’s attorney Fran Humphries that the loss is heart-wrenching and she was now focusing on her granddaughter.

“Life is for the living, and she’s focusing on her granddaughter who she cares about,” Humphries said.

This story was originally published March 11, 2016 at 12:00 AM with the headline "Charges in Broadway at the Beach attack downgraded from murder."