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SC prosecutors push for police shooting law changes after Hammond case

State prosecutors want new limits on police use of force following the 2015 shooting death of Zachery Hammond by a Seneca officer during a drug sting operation.

4 min read Downtown, North Charleston
SC prosecutors push for police shooting law changes after Hammond case

South Carolina prosecutors are pushing state lawmakers to ban police from shooting at fleeing suspects after a controversial 2015 case where a Seneca officer killed 19-year-old Zachery Hammond during a drug sting.

The proposed legislation comes nearly a decade after Hammond was shot through his driver-side window as he attempted to drive away from an undercover drug operation. The officer involved was never charged.

Prosecutors from across the state have asked the General Assembly to specifically outlaw excessive force against suspects who pose no immediate threat to officers or the public. The measure would align South Carolina with federal court rulings that restrict when police can use deadly force.

“Current state law gives officers too much discretion in these situations,” said a spokesperson for the South Carolina Solicitors’ Association. “We need clearer guidelines that protect both public safety and constitutional rights.”

The Hammond case sparked statewide controversy when body camera footage showed the teenager attempting to flee before the fatal shooting. The incident occurred during a small-scale marijuana purchase operation in Seneca.

State investigators concluded the officer acted within existing South Carolina law, which allows deadly force when officers believe suspects might escape. Federal courts have imposed stricter standards, requiring immediate danger to justify shooting fleeing suspects.

Charleston has faced similar police shooting cases in recent years. The city paid $6.5 million in 2019 to settle a lawsuit after police shot and killed Walter Scott as he ran from a traffic stop. That case resulted in federal civil rights charges against the officer involved.

Local politics and government observers say the proposed changes would affect how Charleston police handle pursuit situations. The Charleston Police Department updated its use-of-force policies following the Scott case and federal oversight.

“Any changes to state law would require departments to review their training and protocols,” said Charleston County Sheriff’s Office spokesperson. “We support clear legal standards that protect everyone involved.”

The legislation would prohibit officers from shooting at vehicles unless occupants pose an immediate threat through weapons or attempts to strike officers or bystanders. Current state law allows broader use of force to prevent escapes.

Twenty-three other states have adopted similar restrictions following a series of federal court decisions dating to the 1985 Supreme Court case Tennessee v. Garner. That ruling established constitutional limits on shooting fleeing suspects.

South Carolina lawmakers have previously resisted police reform measures, citing law enforcement concerns about officer safety and crime prevention. The solicitors’ request carries more weight because it comes from prosecutors who work directly with police.

The Hammond family settled a federal civil rights lawsuit against Seneca and the officer for undisclosed terms. Their attorney argued the shooting violated clearly established constitutional protections.

Body camera footage showed Hammond’s car moving slowly when the officer fired through the window. Investigators said the officer believed Hammond might drag him with the vehicle, but video evidence disputed that account.

State lawmakers will consider the proposal when they return to Columbia in January. Similar measures have failed in previous sessions, but supporters say recent national attention on police shootings has changed the political climate.

Charleston City Council members have not taken a position on the state legislation. The city’s police department operates under federal oversight following the Scott case and other use-of-force incidents.

The proposed law would require police departments to revise training programs and use-of-force policies. Officers would face potential criminal charges for violations, similar to current assault and murder statutes.

Law enforcement groups have not publicly opposed the measure but typically resist legislative restrictions on officer discretion. The South Carolina Law Enforcement Officers Association declined to comment on pending legislation.

Prosecutors argue the changes would reduce questionable shootings while maintaining officer safety protections. The proposal includes exceptions for situations where fleeing suspects pose clear dangers to public safety.

The General Assembly’s Judiciary Committee will hold hearings on the measure starting in February. Committee members include several former prosecutors who have expressed support for police accountability measures.

Statewide, South Carolina officers have shot and killed 47 people since 2020, according to tracking by the State Law Enforcement Division. Most cases involved armed suspects who threatened officers or civilians.

The Hammond case remains one of the most controversial because of the victim’s age and the circumstances captured on video. His death occurred during a minor drug investigation that resulted in no significant arrests.

Lawmakers supporting the change say it would bring South Carolina into line with federal constitutional standards that already apply through court decisions. The legislation would codify existing legal precedents into state criminal law.

Next month’s legislative session will determine whether South Carolina joins other states in explicitly restricting police shootings of fleeing suspects. The measure faces uncertain prospects in a legislature that typically supports law enforcement positions.

Caroline Beaumont

Politics & Government Reporter

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