Wilson: Deputies acted 'reasonably'By Glenn Smith (Contact)
The Post and Courier
Tuesday, February 26, 2008
A drunken Jeffrey Smith fired a rifle into the darkness and ignored commands to drop the gun before he was shot dead by a sheriff's deputy outside his Meggett home in January, authorities said Monday. Ninth Circuit Solicitor Scarlett Wilson said the two Charleston County deputies involved in the incident had reason to believe their lives were in danger and acted "reasonably and lawfully" in responding to the threat. Wilson announced her conclusion after reviewing an investigation by the State Law Enforcement Division. 
Jeffrey Smith The investigation determined that Smith was armed with a .30-30 Marlin rifle with a scope and had a blood alcohol level more than four times the .08 legal limit. Wilson described the incident as "an unfortunate, tragic event that Mr. Smith set in motion." Smith's family, however, is not convinced he posed a danger. His sister, Jaclyn Smith, called Wilson's ruling "an injustice." "I know my brother better than anyone," Jaclyn Smith said. "He wasn't shooting at them. He would never have done that. ... It was just a huge misunderstanding." Around 6 p.m. Jan. 5, dispatchers received a call about a man being "stabbed in the heart." Because the caller's directions were incoherent, they tracked the call to a cell phone at 4809 Storage Road, near Toogoodoo Road. The address was a mobile home rented by Jeffrey Smith, 34. Deputies got no answer when they checked the home. They started to leave, then heard something and returned to the home on the foot, Wilson said. They saw Smith in the woods, yelling, cursing and holding what appeared to be a long gun. Smith screamed that he "was going to get them," Wilson said. Smith fired a shot and the deputies took cover behind a tree. They announced their presence and ordered Smith to drop his weapon, Wilson said. A witness inside his home clearly heard the deputies identify themselves, she said. 
Master Deputy Donald B. Kjellman Smith ignored the deputies' commands and fired again, Wilson said. Master Deputy Donald B. Kjellman fired once at Smith; a bullet struck Smith in the back of the neck. He died at the scene. "From my perspective, it certainly was a reasonable action under the circumstances," Sheriff Al Cannon said. Kjellman and Deputy Wesley D. Newcomb III were placed on administrative leave after the shooting as a matter of procedure. Both have now returned to active duty, Cannon said. Jaclyn Smith said no one will convince her that her brother intended to harm the deputies. Intoxicated, and with the rifle blasts ringing in his ears, he probably didn't even know they were there, she said. She's convinced he called 911 that night because he was distraught and trying to get help; "stabbed in the heart" meant he was heartbroken, not literally cut. Authorities said Smith reportedly had been depressed and had argued with his girlfriend before the incident. "But exactly what Mr. Smith was thinking (that night)?" Wilson said. "I don't think anybody knows." Reach Glenn Smith at 937-5556 or gsmith@postandcourier.com. |
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Comments
This article has 45 comment(s)
Posted by CedarPosts on February 26, 2008 at 4:22 a.m. (Suggest removal)
Another nail in the coffin. Wilson's office took nearly two months to clear these deputies?
I think this is nothing short of a tragic result of many sad events. Donald B. Kjellman will have to second guess his actions the rest of his life, and the Smith family will place blame where they can. But someone should have intervened long before Smith endangered himself and these deputies.
Posted by pithy on February 26, 2008 at 7:48 a.m. (Suggest removal)
I hope Deputy Kjellman isn't second guessing the actions that saved lives! He did what he was trained to do and acted in split second fashion! As for Ms. Smith's comments - how in the world could she possibly know that her brother wouldn't hurt anyone - when he was drunk, calling 911 ranting and raving about being "stabbed in the heart", and standing outside shooting a gun? Could anyone predict what he would do?
Welcome back Deputy Kjellman!
Posted by skeeter on February 26, 2008 at 8:02 a.m. (Suggest removal)
A sad instance all the way around.
Posted by scnative4ever on February 26, 2008 at 9:12 a.m. (Suggest removal)
The deputy fired on this man to quickly. His training should have taught him restraint. He quickly decided to be judge juror and executioner. He shot the man in the back of the head. The victim never pointed the gun or shot toward the deputies. The man was distraught, confused and needing help. I think the officer used poor judgment. This lost of life could have been avoided if training had been followed.
Posted by outrage on February 26, 2008 at 9:47 a.m. (Suggest removal)
Deadly force is a level of force which is inherently likely to cause death or great bodily injury. Firearms, bladed weapons, explosives, and vehicles are among those weapons the use of which is considered deadly force.
"Use of deadly force" is often granted to police forces when the person or persons in question are believed to be an immediate danger to people around them. In the United States this is governed by Tennessee v. Garner, which said that "deadly force...may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."
I don't know what SCNATIVE4EVER is talking about and probably has no Police training at all.
Posted by Edwin435 on February 26, 2008 at 10:16 a.m. (Suggest removal)
Agreed outrage.... scnative could not determine what the intent of the person was. His assertion hat they acted as judge , juror and executioner is ridiculous. They were acting in self defense. He had a weapon that had a far greater range and a scope. That coupled with the fact that he was heading to cover was enough to qualify for deadly force. I'm sorry that this happened and it saddens me when this type situation occurs. Not only for the person shot but for the officers as well. Its a hard thing to live with but rest assured...they acted correctly. I support them.
Posted by Girleygirl on February 26, 2008 at 10:27 a.m. (Suggest removal)
Its sad that someone died because of this, but I am happy to know the officers involved are okay as well.
Moral of this story is........we can't assume that the police officers should have or could have done anything different because noone knows what Jeffrey Smith was going to do but Jeffrey.
I do feel sorry for the family as well though.
Posted by scnative4ever on February 26, 2008 at 11:02 a.m. (Suggest removal)
outrage, do you have police training? how do you know what training or what i do for a living? Jumping to conclusions because you don't agree with my blog. Nice job. Educate yourself before you speak out, it will save you from appearing ignorant. Get your hands on the Police training manual from the SCCJA(SC Criminal Justice Academy)and read it as it pertains to this subject. Then post your reply.
Posted by Edwin435 on February 26, 2008 at 11:05 a.m. (Suggest removal)
I have read it and under the force continuum they are justified in the use of deadly force.
Posted by scnative4ever on February 26, 2008 at 11:30 a.m. (Suggest removal)
Edwina435 have you graduated from the SC justice academy?
Posted by outrage on February 26, 2008 at 11:50 a.m. (Suggest removal)
I am a Master Deputy with CCSO, Special Deputy US Marshall, Title 19 cross trained with US Customs, M-60 armor, a Bachelor's degree, and over 30 certifications in law enforcement. A Bachelor's degree and num
Maybe I was sick the day they taught you about lethal force!
SCnative you must know about the force continium!
Posted by outrage on February 26, 2008 at 11:54 a.m. (Suggest removal)
I am a Master Deputy with CCSO, Special Deputy US Marshall, Title 19 cross trained with US Customs, M-60 armor, a Bachelor's degree, and over 30 certifications in law enforcement.
Maybe I was sick the day they taught you about lethal force!
SCnative you must know about the force continium!
Corrected post.
Posted by scnative4ever on February 26, 2008 at 12:17 p.m. (Suggest removal)
Big woop!!! It doesn't matter how much certifications or training you have, you are wrong. The situation according to the info released, not what you read into it, did not warrant deadly force. No one was in danger and no one got a gun pointed at them or a shot directed at them. The police officer was too quick to shoot. The suspect was obviously turned away from the officer if the suspect was shot in the back of the head. It doesn't matter now, a man is dead and the police have been cleared. This will be the last anyone ever hears of it.
Posted by Pratt07 on February 26, 2008 at 12:18 p.m. (Suggest removal)
Go ahead outrage!!!
Posted by Edwin435 on February 26, 2008 at 12:34 p.m. (Suggest removal)
You are wrong scnative... outrage is 100 percent correct. They were cleared by sled and guess what...the sccja as well. They review each use of force so with that being said....sorry oh and yes I did graduate from SCCJA thank you.
Posted by outrage on February 26, 2008 at 12:35 p.m. (Suggest removal)
I wasn't shooting for a big woop! You asked and I did not have enough room to list everything. I think we only get 3000 characters.
But, "the greatest human emotion, is the craving to be appreciated." Not my Quote!
SCnative, I am waiting for your certs.
Posted by Edwin435 on February 26, 2008 at 12:39 p.m. (Suggest removal)
Oh and one more point, the person had turned away to flee to cover. Cover that could be used to fire upon the officer with a weapon that had far more range and capability than the pistols that the officers were using hence the correct use of force. I think that is the point you are failing to see. With all this being said, I do feel for the family of the person that was killed.
Posted by pithy on February 26, 2008 at 12:47 p.m. (Suggest removal)
scnative4ever...Big woop (your spelling - I believe it is correctly spelled "whoop".) What exactly are your qualifications, certifications, and training? Perhaps with your "expert" knowledge and behind the scenes info, on what transpired ON the scene that day; you could enlighten us as to what you would have done should someone be shooting at or around you and your partner. Easy to judge when you're safe and cozy in your home or office - protected by the people you criticize and judge.
Posted by buttercup on February 26, 2008 at 1:28 p.m. (Suggest removal)
pithy I agree with you. scnative4ever We are waiting for you to answer pithy's question.What exactly are your qualifications,
certifications, and training?
Posted by La_Ne on February 26, 2008 at 1:39 p.m. (Suggest removal)
The deputy got off, I'm sure not surprised. Most of us already knew that this would be the outcome. My heart goes out to his little girl. She loves her daddy very much, but of cause now she has to grow up without him. When I look at this officers face, especially his eyes, I don't know about the rest of the readers, but I see a very cold person, heartless human being. The victim's family may be able to find some kind of comfort in knowing that Deputy Wilson will have to live with what happened the rest of his life.
Posted by thatguy on February 26, 2008 at 1:40 p.m. (Suggest removal)
"...Big woop!!! It doesn't matter how much certifications or training you have, you are wrong. The situation according to the info released, not what you read into it, did not warrant deadly force. No one was in danger and no one got a gun pointed at them or a shot directed at them. The police officer was too quick to shoot..."
scnative4ever it seems you have fallen victim to the same accusations you are making of the deputy's actions. Your quick decision to jump on the defensive is solely based on your ignorace of the situation. You speak only from the information you've seen from the different facets & versions of the media, rather than if you were on the frontlines of the tragic events that unfolded that night.
We all know how misconstrued an event like this can become with the help of all the different media outlets. It's like a simple game of telephone gone awry and you seem to be the one near the end of line, anxious to pass on your version of the message.
As a side note, yes, I do work in law enforcement. One fact you may have overlooked is that the deputies did, indeed, identify themselves and warned Mr. Smith several times to put down his weapon. He failed to heed their warnings, so they took the necessary and appropriate action in an effort to diffuse the situation.
Many thanks to those deputies for appropriately handling the situation before it escalated. Welcome back!
Posted by thatguy on February 26, 2008 at 1:51 p.m. (Suggest removal)
La_Ne, how one-sided, superficial & clueless can you be? You can't get the deputy's name right. When I read your words, especially your grammatical structure, I don't know about the rest of the readers, I see someone who is speaking with, at best, an eighth grade education.
Posted by outrage on February 26, 2008 at 1:53 p.m. (Suggest removal)
La ne - You are just trying to bait people.
"The victim's family may be able to find some kind of comfort in knowing that Deputy Wilson will have to live with what happened the rest of his life".
Some comfort, knowing that their son ruined numerous lives that day, including his young daughter's! I do not believe the family agrees with you.
Who is Deputy Wilson? You don't even know what story you are talking about. GBTS
Posted by pithy on February 26, 2008 at 1:58 p.m. (Suggest removal)
La Ne " When I look at this officers face, especially his eyes, I don't know about the rest of the readers, but I see a very cold person, heartless human being." Are you kidding me? It is ignorant people like yourself that perpetuate problems between citizens and law enforcement. How in the world can anyone judge someone by a picture taken in DMV fashion? How does your license picture look? Wait you probably don't have one - you're blind!
Posted by wheels2u666 on February 26, 2008 at 2:11 p.m. (Suggest removal)
la_ne, that is one stupid comment, are you one of those "mind readers", in all these posts, no one mentioned "guns and a .32 level of alcohol" not a good mix, Not even Mr Smith knew what he was capable of or going to do, Hopefully the family can find some comfort in the good of his life and not fault the police, they are damned if they do, damned if they dont all to often.
Posted by theronce on February 26, 2008 at 2:18 p.m. (Suggest removal)
Seldom do we know all of the consequences of all of our decisions, but Mr. Smith surely had better courses of action to select other than the ones that he chose...to mix alcohol and guns while upset. I can think of both worse and better outcomes from his decisions. This outcome is not surprising and solely a consequence of his initial decisions.
Posted by Pratt07 on February 26, 2008 at 2:30 p.m. (Suggest removal)
LOL, Deputy Wilson ???
Posted by scnative4ever on February 26, 2008 at 3:12 p.m. (Suggest removal)
where did it ever say he turned to run for cover? where did you get these facts? r u making it up as you go along? i guess not putting a weapon down when ordered is grounds to kill a citizen that is obviously distraught and needing help. He was shot in the back of the head. He was walking away, turning away. Could he have been turning to put the gun down? I guess we will never know. Police are also suppose to be trained to be able to tell the difference in a situation. Just seems like the decision to shot was made with out any thought of any thing else.
Posted by Girleygirl on February 26, 2008 at 3:17 p.m. (Suggest removal)
LMAO
Now yall know pictures can tell a thousand word.
This deputy should have called on makeup to make him look like America's Next Top model.
NO hit towards the deputy but he may had look so angry because he has a pimple in the middle of his forehead and may not have wanted to take his picture that day......
(just joking yall)
Good Job Deputy Kjellman and Deputy Newcomb. I'm happy to hear that you all are back at work and stay safe!!!
Posted by thatguy on February 26, 2008 at 4:44 p.m. (Suggest removal)
scnaive4ever maybe those of us who have more facts than you did the logical thing and researched this. Again you speak from lack of knowledge. The truly sad part is, you're getting exactly what you want out of this: attention, notoriety, and your "15 minutes". P.S. no I did not misspell your username.
Posted by lexylady on February 26, 2008 at 5:26 p.m. (Suggest removal)
Where in the world is DOUG??
Posted by ForPnC on February 26, 2008 at 5:33 p.m. (Suggest removal)
Kudos to Deputies Kjellman and Newcomb!
Posted by Amber on February 26, 2008 at 6:47 p.m. (Suggest removal)
I cant believe anyone would give Kudos to anyone who killed someone...What kind of person are you????
Posted by ForPnC on February 26, 2008 at 6:50 p.m. (Suggest removal)
They took a perp off the streets. I'm glad they did. Maybe if the guy was shooting his gun around your house you'd think the same thing. I'm sick of the criminal element.
Again - KUDOS!
Posted by ForPnC on February 26, 2008 at 6:55 p.m. (Suggest removal)
P.S. It's sad the man lost his life and I feel for his family but the officers did their job.
Posted by Amber on February 26, 2008 at 8:26 p.m. (Suggest removal)
It is sad that you think these officers deserve KUDOS for killing a man that wasn't a criminal!!!!! All he was doing was letting off some steam in his own backyard, also he lived on 100+acres so he didn't have to worry about the neighbors!!! Also can you tell me why one man can be killed for shooting his gun and another can shoot his girlfriend and a police officer and be shot in the leg why wasn't he shot in the head!!!
Posted by wonderdog on February 26, 2008 at 8:31 p.m. (Suggest removal)
La_Ne, you appear to be very personally involved and unable to look at this situation objectively.
Thank you, officers, for the job you do in spite of the self anointed experts with no law enforcement education or background who jump at any chance to criticize you. Most of us appreciate you!
Posted by jammer007 on February 26, 2008 at 10:27 p.m. (Suggest removal)
The officer did his job . I'm glad SCNATIVE4EVER isn't a cop . He'd run with his tail tucked between his legs and let you die !!!!!!!!!!
Posted by ForPnC on February 27, 2008 at 4:29 a.m. (Suggest removal)
Then you can be sad. That's your issue. Not mine.
Posted by Edwin435 on February 27, 2008 at 8:09 a.m. (Suggest removal)
Scnative, If you read the report you would have seen that he did run for cover. He didnt drop his weapon. Thats why the officers reacted the way that they did.
Amber,
The person that was shot in the legs was shot after the officer was wounded in his arm that he held his weapon with. I think that the legs were the only thing that was visible to the officer without exposing himself....thats why he was shot in the leg....What you were inferring is ridiculous.
Posted by 29418 on February 27, 2008 at 3:52 p.m. (Suggest removal)
As I'm a family member I am obviously biased, however I have knowledge of the statements given by the witnesses on the property and they DO NOT jive with what the Deputies say that happened.
There are Two witness accounts both on seperate areas of the property and their stories match : one by the roommate at the home and also by the lady whom owns and lives on the same property - both clearly state that the Deputies were there initialy and then left. They heard 2 rifle rounds and later one gunshot.
The two shots fired by Mr. Smith were when the Deputies' were not even there. The witnesses state they heard a third shot obviously by Deputy Kjellman sometime later.
Also it was clearly stated by the same witnesses that there was only ONE Deputy that came back (Kjellman ) and Newcombe was down the road in his cruiser.
THIS CLEARLY REFUTES THE DEPUTIES' STORY.
Also it must be reported that this was a HUNDRED ACRE PROPERTY in the country.When Kjellman returned he snuck down at least a 200 yard driveway/dirtroad ON FOOT in the DARK. No police cruiser , no sirens , no flashing lights and shot Mr. Smith in the back (of the neck) while he was standing in his own back yard. This tale of Mr. Smith yelling and cursing/shooting while the deputies were there is a lie and a coverup of essentially an ambush of an innocent man in his own backyard.
Forever Shame upon Kjellman , Newcombe and the Kangaroo court that has justified this Travesty.
Sincerely,
Daniel Grissom
ps - We are a proud Police and Military Family with roots in Law Enforcement and Military service that spans generations. This case pains us beyond what words can convey but facts are stubborn things.
In addition Deputy Chip Newcombe is (was) a family friend for over 20 years. With friends like these ...
Posted by ForPnC on February 27, 2008 at 6:51 p.m. (Suggest removal)
Mr. Grissom -
If what you say is true, is there any court system you can go through to re-open the investigation? Are there any other actions you can take to right the wrong? Have you hired your own investigators or lawyers? I don't know the way of the courts or how they work.
Posted by knowthefacts on February 27, 2008 at 7:31 p.m. (Suggest removal)
Jeffrey was trained to own a concealed weapons license. He lived on 120 acres so that he could hunt, skeet and target shoot. If you knew the real facts and the man you would know, without a single doubt, that he was a loving and beloved father and family man who would NEVER have shot at ANYONE. Jeff's father, grandfather and great-grandfather were in law enforcement and/or career military. He had respect for the police force. This case was a mistaken tragedy that should have been diffused by non-violent methods on the part of the police. Jeff had watched the police leave. Only after hearing the 2 shots did one officer come back, in the black country night, on foot.
Jeff thought he was alone outside (on his own property) target shooting like he did regularly. Did he even hear the officer? Was he heading into the safety of his home? Who knows? The officer does know this.. Jeff never pointed the weapon in the direction of the officer...and the officer shot a gentle and non-violent person in the back. There will never be comfort, much less justice, for our family and friends and coworkers who knew the real Jeffrey. Never.
....another proud family member....Julie Ledford
Posted by CedarPosts on February 27, 2008 at 9:04 p.m. (Suggest removal)
I'm glad knowthefacts and 29418 posted. The press coverage of this sad story seems pretty one sided. While I understand the facts as presented it seems that the darkness and the sound of a rifle report echoing through the woods could confuse anyone. Law enforcement unfamiliar with the property would be in a pretty stressed environment.
But other than the officers no one was in danger so why the shot? A bad shot at that.
But I still don't understand why no family member intervened.
Posted by knowthefacts on February 28, 2008 at 7:09 a.m. (Suggest removal)
Read my post again...NO ONE was EVER in danger except Jeffrey. Jeff stood under a bright floodlight in his back yard (at his own house) thinking he was totally alone. The (one) officer snuck down on a pitch black diveway lined with trees and "no trespassing" signs. While Jeff's roommate said he heard the officer shout he didn't hear Jeff say a thing. In fact, the roommate and Jeff had just been talking together on the front porch. The roommate went in to care for pets...The rest is so inconceivable...it is not possible to put the pain into words.