Deputy going 130 mph killed driver, passenger, suit says. SC sheriff’s office to pay
A South Carolina deputy killed a man and woman by swerving into their car at a speed of 130 mph while responding to a 911 call, according to a now-settled lawsuit.
Charleston County Sheriff’s Deputy Alan Kendall crashed into a car at an intersection on U.S. Highway 17 South in Awendaw on Jan. 3, 2021, the lawsuit says.
The driver, 85-year-old Sonny Brower, and the passenger, 77-year-old Sandra Eisner, died from injuries in the collision, according to the Charleston County Coroner’s Office.
In the moments leading up to the crash, Kendall was accused of recklessly weaving in and out of traffic and “punching his gas pedal at every opportunity to go even faster” in response to a 911 call, according to a complaint filed by Eisner’s son, Todd Eisner, over her death.
The complaint says his driving was “completely unnecessary” because the 911 caller’s report wasn’t an emergency and didn’t indicate danger.
That afternoon, the caller told a dispatcher his “mother and aunt were upset with him” and that he wanted an officer to respond, according to the complaint, which says the matter was about a verbal dispute.
Now, Charleston County and the Charleston County Sheriff’s Office have offered a $292,811 settlement to Todd Eisner, and an equal settlement amount to Brower’s daughter, Debra O’Brien, to resolve the civil cases over their deaths, court records show.
Records indicate both Todd Eisner and O’Brien have accepted the offers.
A public information officer for the sheriff’s office, Alexis Douglas, told McClatchy News on May 21 that “the Charleston County Sheriff’s Office is sympathetic to the families of those involved in this incident.”
“When Sheriff Kristin Graziano took over this office, the day after this incident, she immediately responded and implemented a safe driving campaign,” Douglas said in an emailed statement.
She said “the settlement is a purely financial decision” and “no admissions of guilt or wrongdoing” were made.
Kendall is still employed as a deputy with the sheriff’s office, according to Douglas.
Attorneys representing Kendall didn’t immediately respond to McClatchy News’ requests for comment on May 21.
The settlement for Sandra Eisner’s death will go to Todd Eisner and her other son, Steven Eisner, court documents show.
It comes after Todd Eisner settled a claim against Sonny Brower’s estate “for all available auto insurance coverage,” according to court filings.
For this claim, he received more than $350,000.
The South Carolina Highway Patrol investigated the deadly crash and ticketed Kendall for speeding, the Post and Courier reported. In February 2022, a judge ruled he wasn’t guilty, according to the newspaper.
In a response to Todd Eisner’s complaint over his mother’s death, Kendall denied the accusations that he accelerated into the car she was riding in at a speed of at least 130 mph, killing her.
He says “he was acting in the course and scope of his official duties,” according to his January 2023 answer to the complaint.
Since 2021, there have been five fatal crashes involving Charleston County sheriff’s deputies, according to records cited by the Post and Courier.
After Brower and Sandra Eisner’s deaths, Sheriff Graziano established a safe driving program with lesson plans that “show that training is being conducted to underscore the importance of using good judgment and reasonable speed to respond to a call,” Douglas told McClatchy News.
“We have continued to review and revise training to emphasize the importance of safe driving in responses and pursuits,” Douglas said.
Attorneys representing the estates of Brower and Sandra Eisner didn’t immediately respond to McClatchy News’ requests for comment on May 21.
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