Wilson: Deputies acted 'reasonably'

Date: 2/26/2008

By Glenn Smith

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.

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.

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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