Solicitor: Southern Tide founder Allen Stephenson immune from prosecution

The Thirteenth Circuit Solicitor's Office on Tuesday said Allen Stephenson is immune from prosecution in connection with a fatal shooting on his property.

Stephenson fatally shot Matthew Eugene Whitman on March 19 on Altamont Road in Greenville, authorities said. Solicitor Walt Wilkins said it was justifiable homicide after reviewing the investigative file from the Greenville County Sheriff's Office.

Wilkins said in a press release the evidence in the case indicates Stephenson was "legally standing his ground on his property and lawfully met force with deadly force and is immune from prosecution."

Wilkins consulted with Sheriff's Office investigators and analyzed the Castle Doctrine and Stand Your Ground law in making his decision.

The Whitman family was disappointed in the decision not to prosecute, according to a statement released Tuesday through attorney David R. Price. The statement said information suggests Stephenson provoked the encounter.

Stephenson's attorney, Sloan P. Ellis, previously told The Greenville News that Stephenson was attacked at his home by a man he didn't know. Stephenson had no choice but to defend himself with his shotgun after Whitman attacked Stephenson with a knife, Ellis said.

According to a Coroner's Office report obtained by The News, the homeowner and his girlfriend were in the kitchen about 8:30 a.m. when they saw Whitman walking in the driveway. Stephenson went outside and told the man to leave the property. Whitman refused, saying he was "just going for a walk," the report said.

Stephenson went inside to get a shotgun and fired two warning shots.

"Then, for some inexplicable reason," the Whitman family's statement said, "(Stephenson) decided to leave the safety of his castle, and go down the stairs around the property to confront Matthew in the yard where he fired numerous shots from his high capacity shotgun at close range.”

As his girlfriend called 911, the homeowner walked outside with his shotgun to escort Whitman off his property, the coroner's report said.

Whitman walked toward Stephenson, the report said, and they began circling each other. Whitman pulled out a pocket knife and came toward Stephenson, the report said.

Stephenson fired multiple shots from about 6 feet away, the report said.

"This seems to be a confrontation that Mr. Stephenson aggressively initiated, against the pleas of both the 911 operator and the witness," the Whitman family said in the statement. "We are therefore very upset that the Solicitor's Office has chosen not to prosecute Mr. Stephenson for his actions."

Ellis told The Greenville News on Tuesday afternoon it has not been decided whether he would release a statement in response to the solicitor's decision.

Stephenson is the founder of Southern Tide, which manufactures high-end polo shirts and other clothing. His home resembles a castle and sits on nearly 31 acres of land behind a gated entrance.

Whitman, 32, of Greenville, lived about a mile and a half away from Stephenson on Nature Trail. Whitman died of gunshot wounds to the torso, the Coroner's Office said. He was pronounced dead at the scene at 9:30 a.m.

The men did not know each other.

The Greenville News staff writer Ron Barnett and Anna Lee contributed to this story.

This story was originally published April 19, 2016 at 3:21 PM with the headline "Solicitor: Southern Tide founder Allen Stephenson immune from prosecution."