Cop who shot unarmed teen out on date not charged

Ron Barnett | The Greenville (S.C.) News

Show Caption Hide Caption Seneca officer involved shooting SLED has released the video of an officer-involved shooting that killed a Seneca teen.

ANDERSON, S.C. — No charges will be filed against an officer who fatally shot an unarmed South Carolina teen supposedly out on a first date, a state prosecutor said Tuesday.

Seneca Police Lt. Mark Tiller shot and killed Zachary Hammond, 19, of Seneca, S.C., in an attempted marijuana bust July 26 in a fast-food parking lot. The officer said he shot Hammond because he feared the teenager was trying to run over him with his car.

10th Circuit Solicitor Chrissy Adams said she met with Hammond's family Tuesday to inform them of the decision.

"After careful consideration of the facts of the case, a thorough review of the state investigation, and an extensive review of all applicable law, I have determined that no criminal charges should be filed against Lt. Mark Tiller at the state level," Adams said in a statement.

Eric Bland, lawyer for the Hammond family, said video from the officer's dashboard camera clearly shows that Tiller was not in danger of being run over when he fired the fatal shot and said federal charges of civil-rights violations could still be forthcoming.

“We’re going forward on our civil suit at this point,” he said. “It’s just a sad day to see an unarmed kid who was shot unnecessarily by excessive force where it clearly violated all the police policies.”

Toxicology reports showed that Hammond had drugs in his system at the time, but Bland wouldn’t comment on what type or amount.

Adams said in a letter to the State Law Enforcement Division that Hammond tested positive for cocaine and marijuana, and both drugs were found in the car packaged as if for sale.

Tori Morton of Pickens, Hammond's date that night, was charged with simple possession of marijuana.

"The video viewed at full speed, standing alone, is troublesome," Adams said in a letter to the State Law Enforcement Division. "However, when the video and the totality of the investigation is evaluated and the laws of our state are applied, it is clear that Lt. Tiller broke no state laws.

"The evidence from this investigation corroborates and supports Lt. Tiller's belief that he was going to be run over," she wrote. "Therefore, the only conclusion that can be rendered is that deadly force was justified."

In text messages found on Hammond's cellphone, Hammond said he was "in full outlaw mode" and intended to "go out shooting," Adams said in the letter. He also said he had run several police checkpoints in previous weeks, including one June 23 in Clemson, S.C., that Clemson city police verified.

"Almost every text message deals with Hammond selling drugs to multiple individuals including marijuana, acid, cocaine and prescription pills," she wrote. "The text messages indicate Hammond was actively evading arrest by flight and evading law enforcement due to his outstanding warrant.

"Just four days prior to his death Hammond refers to himself as a 'criminal' and says he is 'Like an animal now,' " Adams wrote. "Hammond also talks about being a member of a gang and even goes so far as to say that police will 'just take me one day.' "

She prefaced her remarks by citing a court case in which a ruling indicated that even if an officer at the scene isn't aware of the suspect's state of mind, it can be taken into account in determining whether an officer's actions are justified.

"As stated from Day One, Lt. Tiller acted in self-defense and the decision today supports this position," John Mussetto, Tiller's lawyer, said in a statement.

Morton told an officer on the scene that she believed Hammond was trying to run over the officer and that her later statements to authorities and to lawyers for the Hammond family deviate from the facts seen on the video and aren't credible, Adams said in her letter.

"The investigation revealed that Tiller had less than 3 seconds to evaluate the threat against him and decide if it was a deadly force situation once he was outside his vehicle," she wrote. "The dash cam video clearly shows that Lt. Tiller was forced to make a split-second decision in determining whether or not to use deadly force."

Morton told an officer: "I don't know what's going on. I don't know why he didn't just stop. He tried to run that cop over," according to Adams.

Later, while sitting in the officer's car alone and unaware that she was being recorded, she made similar comments: "Why didn't he get out of the car like he was supposed to?" Adams' letter said.

Text messages from Hammond's phone also indicated that he and Morton had known each other longer than she claimed and that "Hammond had a history of supplying Morton with drugs."

Adams said she will not be releasing any information about the federal investigation. Lawyers for Hammond’s parents asked federal authorities to investigate the shooting death of their son because of what they called “the substantial violations of his civil rights.”

South Carolina's State Law Enforcement Division released case files and videos Tuesday in response to Freedom of Information requests filed by The Greenville News and other media.

Adams said the incident began when Morton sent a text message offering to sell cocaine and marijuana that accidentally went to a Highway Patrol officer, who contacted the Seneca Police Department.

"The past three months have been extremely difficult for the residents of Seneca, its city employees and the 45 members of its police force," Seneca City Administrator Greg Dietterick said in a statement. "While the effects of outside agitators to tear apart our community lingers, we are thankful the investigation has come to an end and shows Lt. Tiller was acting in self-defense.

"The night of July 26 was a tragic event for this community and I personally will always grieve for the Hammond family."

Contributing: Romando Dixson, The Greenville (S.C.) News. Follow Ron Barnett on Twitter: @RonBarnett999