Rock Hill SC teen gets stand your ground immunity in one killing, but not the second
A South Carolina judge has granted a Rock Hill teen immunity from prosecution in one killing, but not a second, in an April 2022 incident.
Lawyers for Ahmik Coleman, 18, argued in an October 2022 hearing that it was appropriate to apply South Carolina’s Protection of Persons and Property act, commonly known as the state’s “stand your ground” law.
The lawyers said Coleman should not face prosecution in the deaths of Kam’ran Brevard, 16, and Evanta Hart, 17, court records show.
Omarian Small, 16, also was killed in the incident almost a year ago.
Judge Eugene Griffith, in an order that gives details of the shootings, ruled that Coleman met the legal standard for immunity from prosecution in the death of Brevard -- but not in the death of Hart. The Herald has obtained a copy of Griffith’s order.
Coleman no longer can be prosecuted for Brevard’s death. However, murder and weapons charges remain pending against Coleman in Hart’s death, according to court records, prosecutors, and Coleman’s lead lawyer.
Sixteenth Circuit Public Defender B.J. Barrowclough, who is Coleman’s lead lawyer, told The Herald he sought immunity in both shootings.
“We are sorely disappointed because we believed he deserved immunity for both cases,” Barrowclough said.
Some of the shooting incident was recorded from across the street by a doorbell camera on Gist Road, Griffith’s order states. The video shows what Griffith’s order describes as an “ambush” and shootout that lasted less than 40 seconds.
Griffith’s order cites details on the doorbell video, testimony from Coleman, and Rock Hill police.
The shooting incident
Coleman testified in the October 2022 hearing that he shot Brevard and Hart, according to Griffith’s order. Coleman said he did so only after he and two other teens were first shot at by Hart, Brevard, and third man.
Griffith’s order says Coleman and two teens were sitting in a car outside Coleman’s home. Coleman, who was wounded during the shooting, and another teen in the car returned fire, the order states.
Brevard and Hart were wounded during the shooting.
Small was in the car with Coleman. A third teen in the car with Small and Coleman fled the scene and does not face charges.
The video shows that Coleman exited a BMW car and returned fire toward males at the rear of the car. Coleman initially ran away, then returned.
“The video shows Coleman come back to the rear of the car and approach Brevard, who was closer to the passenger side of the vehicle, Brevard was trying to get back on his feet,” Griffith’s order states.
Hart was moving but was not getting back to his feet, the order states.
“Coleman testified that when he exited and shot at the males at the rear that he was terrified,” Griffith’s order states. “He testified that he initially ran away from the BMW and was very afraid. Because of his disorientation and fear, he then ran into a parked car on the street. When he turned back to the scene he saw one of the teenagers trying to get back up. He returned to the car and shot him in the head because he was afraid and it appeared to him that the two males were still armed and intended to continue the ambush. He testified that he shot the other teenager on the ground because he was still afraid.”
SC self defense law
The order issued by Griffith states four elements must be established by a defendant to justify the use of deadly force as self-defense.
The order states those four elements are:
“1) The defendant was without fault in bringing on the difficulty;
2)The defendant...actually believed he was in danger of losing his life or sustaining serious bodily injury, or he actually was in such imminent danger;
3)If the defense is based on the defendant’s actual belief of imminent danger, a reasonable prudent man or ordinary firmness and courage would have entertained the same belief;
4)The defendant had no other probable means of avoiding the danger of losing his life or avoiding the danger of losing his own life or sustaining serious bodily injury than to act in this particular instance.”
Griffith ruled Coleman and his lawyers met the first two elements for both cases.
“The uncontroverted evidence was the ambush was a surprise, thus unprovoked,” Griffith wrote in the order. “The ambush was exactly that, an armed attack on three unsuspecting males with all the shots fired from the rear of the car. Thus, the defendant was not at fault in bringing on the difficulty and he was in immediate danger.”
Griffith said the analysis of the case turns on what Coleman perceived to be happening as he fled and returned to the car.
Grifth wrote Coleman’s testimony was consistent with the video and Coleman felt his life was in danger concerning Brevard who was allegedly getting up, meeting prongs 3 and 4 of the requirements concerning Brevard.
But Coleman did not prove by a preponderance of the evidence that he was entitled to take the life of Hart, Griffith wrote in the order.
The court found Hart was making very little effort to regain his standing position, Griffith wrote.
South Carolina law allows a person to protect himself.
The law states: “A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime.”
Juveniles and guns
It is illegal for anyone under age 18 to possess a handgun in South Carolina. The judge’s order stated that four guns were recovered by police, but one additional gun remains unaccounted for.
It remains unclear where the juveniles obtained the weapons.
All three victims who died were shot multiple times, the order states. At least 12 bullets were recovered in the car, Griffith’s order states.
Ballistic testing on the recovered bullets and weapons remains ongoing.
What happens now?
Charges against Coleman in connection with Hart’s death remain pending. Coleman, who was 17 at the time of the shootings, is charged as an adult, court records show.
A charge of murder in Small’s death against a 16-year-old girl remains pending in Family Court, prosecutors said. Prosecutors previously filed court documents seeking to have her tried as an adult, but that process remains ongoing.
A murder charge against the third man, Chris’tavious Xavier Jiquian Caldwell, in the death of Small remains pending, prosecutors said. Caldwell, 21 at the time of arrest, allegedly was with Hart, Brevard and the girl as part of the shooting, the order states.
No court dates have been set in the remaining cases against all three defendants.
This story was originally published March 8, 2023 at 1:55 PM.
