Gipson files for Richland prosecutor as supporters desert incumbent Johnson

Columbia lawyer Byron Gipson plunked down the $5,654 filing fee to run for Fifth Circuit solicitor Tuesday, officially becoming a Democratic candidate for the post, which oversees criminal prosecutions in Kershaw and Richland counties.

Gipson, a defense attorney and longtime Columbia resident, is the only person in either party so far to file for the $141,300-a-year job. Incumbent solicitor Dan Johnson has said he will seek a third term but has not yet filed to run. The deadline to file is noon Friday.

Gipson, 46, was accompanied by longtime friend state Rep. Todd Rutherford, D-Richland, who originally had supported Johnson and was on the incumbent's fundraising committee.

Now, after questions about Johnson's handling of tens of thousands of dollars of public money, Rutherford is urging Johnson not to run for a third four-year term. The FBI and the State Law Enforcement Division are investigating Johnson's spending as solicitor and interviewing members of his staff, according to sources familiar with the investigation.

"If I were giving him (Johnson) advice, I would say for him not to file," Rutherford said. "What we can't have is an elected official in South Carolina avoiding answering questions and not appearing in front of you all (reporters)."

Johnson has not answered questions about his spending, only issuing a statement denying wrongdoing and saying he was launching an internal investigation.

Gipson said he is running for solicitor "because I believe the integrity of that office needs to be restored.."

"Over the last several weeks, we have watched the trust erode because of various stories that have come out," said Gipson, accompanied by his wife, Denise Gipson. "If those things are true, there's been some bad judgment out there. But we are, from this day forward, going to get the solicitor's office going in the direction that it should be going."

Gipson, who has tried cases in civil, criminal and family courts across the state, pledged to be a good financial steward, run an open office and take part in trials. Johnson does not try cases.

"I enjoy being in the courtroom," he said. "I've seen good prosecution. I've seen bad. I've seen good police work. I've seen bad. It's my commitment to get in that courtroom to show the citizens of Richland and Kershaw counties that we mean business when there are violations and crime. We are going to prosecute them vigorously."

Asked about nine civil foreclosure actions filed against him in Richland County, Gipson said they involved a long-running dispute he had with his mortgage company over his house and have been settled. "As a lawyer, it was my position that I was not going to pay it in full until it was fairly settled."

Richland County Councilman Seth Rose, who like Rutherford had been on Johnson's fundraising committee, also said Tuesday that he is supporting Gipson.

Records of Johnson's office spending for the past eight years are being released by a nonprofit, Public Access to Public Records. Those records show the prosecutor's office has spent tens of thousands of dollars on Johnson's travel, more than $32,000 for gym memberships for his staff and thousands of dollars on local groups. Also, Johnson wrote numerous checks payable to "cash" to members of his staff.

This story was originally published March 27, 2018 at 1:49 PM with the headline "Gipson files for Richland prosecutor as supporters desert incumbent Johnson."