FOIA response reveals state agency has not completed firearm investigation more than four years after alleged incident
By Delayna Earley
The Island News
A South Carolina Law Enforcement Division investigation involving State Rep. Michael Rivers remains active more than four years after the alleged incident, according to a response to a Freedom of Information Act request obtained by The Island News.
The response, dated June 25, came after The Island News requested records related to the 2022 investigation, including the complete investigative file and any records reflecting the disposition of the matter.
In denying the request, SLED Deputy General Counsel Paul Ahearn said the agency could not provide records documenting the outcome of the case because no such records currently exist.
“Be advised that SLED does not possess a ‘complete investigative file and any records reflecting the disposition of the matter’ at this time since this case remains active and ongoing,” Ahearn wrote. “Therefore, SLED cannot produce something that does not yet exist and your request is denied.”
Ahearn added that The Island News may check with the agency periodically regarding the status of the investigation and that SLED will provide responsive, non-exempt public records “at the appropriate time.”
The investigation stems from a Sept. 14, 2022, incident on Seaside Road on St. Helena Island, where the Beaufort County Sheriff’s Office responded to what deputies described as a disturbance involving a property dispute. According to the incident report, Clifford Huff and Sandra Mack-Huff told deputies Rivers became angry during an argument over land ownership, retrieved a handgun from his vehicle, cocked it and pointed it at Huff. Both told deputies they wished to pursue criminal charges.
Deputies classified the case as aggravated assault and identified Rivers as the suspect before transferring the investigation to SLED because Rivers was serving as a member of the South Carolina House of Representatives. The report also shows investigators conducted follow-up interviews, attempted to contact Rivers by telephone, preserved phone records related to the investigation and ultimately referred the case to SLED for further investigation.
Although Ahearn’s response does not explain why the investigation remains open, it confirms no final disposition has been reached.
The status of the 2022 investigation has taken on renewed significance following a second allegation involving Rivers earlier this month.
On June 10, SLED Public Information Officer Renée Wunderlich confirmed the agency had opened a separate investigation after the Colleton County Sheriff’s Office requested SLED investigate allegations that Rivers pointed a handgun at Oliver Francis, the uncle of Democratic House District 121 nominee Shannon DeLoach.
According to records obtained by The Island News, Francis alleged Rivers pointed a handgun at him during a confrontation outside the Green Pond Community Center while the location was serving as a polling place during the June 9 Democratic primary election. The Colleton County Sheriff’s Office classified the incident as aggravated assault before referring the investigation to SLED because it involved a sitting state legislator.
The similarities between the two investigations are notable. Both stem from allegations that Rivers pointed a handgun during a dispute, both were initially investigated as aggravated assault cases by local law enforcement agencies, and both were ultimately referred to SLED because Rivers was serving as a member of the South Carolina House of Representatives.
No charges have been announced in either investigation.
The June 25 FOIA response marks the first confirmation received by The Island News that the 2022 investigation remains active. While the newspaper had previously obtained the Beaufort County Sheriff’s Office incident report documenting the referral to SLED, the agency had not publicly confirmed the status of its investigation until responding to the FOIA request.
The Island News will continue monitoring both investigations and will request additional records as they become available.
Delayna Earley, who joined The Island News in 2022, formerly worked as a photojournalist for The Island Packet/The Beaufort Gazette, as well as newspapers in Indiana and Virginia. She can be reached at delayna.theislandnews@gmail.com.