Coroner releases toxicology reports in crash

Three of the four USC Upstate student athletes killed in a fiery crash last October were over the legal alcohol limit for driving.

Spartanburg County Coroner Rusty Clevenger stated during a news conference Monday that he received an opinion from the Office of the Attorney General as to the legality of releasing such information.

The attorney general’s opinion states that toxicology testing is a part of a medical record and therefore is not subject to public disclosure. But the opinion also stated that the coroner can release blood-alcohol level screenings without violating federal privacy laws.

Alcohol played an indirect role in the deaths of the students, Clevenger said, and therefore stated that he would release the levels upon request.

The crash occurred on 4th Street near Highway 9 on Oct. 11, 2015 when a vehicle swerved off the road, struck a tree and caught fire. Those killed were Horace Miller “Mills” Sproull IV, 20, of Birmingham, Ala., James Robert Campbell, 21, of Greenville, Sarah Grace Vande Berg, 21, of Zephyrhills, Fla. And Joshua Richard “Josh” Lee, 20, of Bethesda Road in Spartanburg.

Sproull and Campbell, both juniors, were on the men’s soccer team. Vande Berg, a senior, was on the women’s tennis team. Lee was a member of the university’s cross country team.

Records obtained through a Freedom of Information Act request show that Campbell, the driver, had a blood alcohol level of 0.122; Sproull, a front seat passenger, had a level of 0.126; Sarah Grace Vande Berg, a back seat passenger, had a level of 0.13. Lee, the other back seat passenger, was the only student within the legal limit with 0.016.

The legal alcohol limit for driving in South Carolina is 0.08.

Clevenger had initially withheld the levels based on objections from some of the victims’ family members. He said some family members did not want to relive the tragedy by having their child “victimized again.”

“We’re dealing with these families at their deepest, darkest, worst times,” Clevenger said, giving reason to why he took the “extra steps” to solicit the opinion.

He said the attorney general’s new opinion may change the way toxicology testing is released in future death investigations. When alcohol or drugs are not listed as causes of death, they may still be released via Freedom of Information Act requests based on whether toxicology shines light on potential indirect causes, Clevenger said.

USC Upstate spokeswoman Tammy Whaley said the campus community is still hurting and “deeply impacted” by the loss of the four students last year. “I don’t think we’ll ever be the same,” Whaley said.

Upstate does host forums with guest speakers to teach students about the importance of driving sober, Whaley said. Students are also required to take a drinking and driving education course called “AlcoholEdu” before the start of their first semester.

“The university does take its role very seriously in educating and encouraging our students to be responsible in regards to alcohol,” Whaley said.

She said the release of the toxicology levels will bring greater awareness to the issue, showing that college students “are not immune to anything that can happen.”

Clevenger said the fatal wreck echoes the need for more care on the roadways. Spartanburg County ranked among the highest in the county in 2015 for traffic fatalities.

“Last year we had an extremely high rate of death. Not all of it was attributable to alcohol,” he said, “but we’ve had more than our fair share.”

This story was originally published February 29, 2016 at 7:33 PM with the headline "Coroner releases toxicology reports in crash."