Sheriff's department pays $300K to estate of man killed in crash - wistv.com - Columbia, South Carolina |

Sheriff's department pays $300K to estate of man killed in crash with deputy

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By Randy Johnson - email
Phillip Hawkins Phillip Hawkins
Deputy George Mickens Deputy George Mickens
SUMTER COUNTY, SC (WIS) -

The Richland County Sheriff's Department has been ordered to pay $300,000 to a man killed in a collision with a deputy in June, 2011.

According to court documents, the settlement between the Estate of Phillip Tommy Hawkins and the sheriff's department was approved by a judge Wednesday. The amount of $300,000 is the most allowed under the South Carolina Tort Claims Act. The estate will receive $193,933.79 after legal fees.  The Louthian Law Firm of Columbia handled the case for Hawkins' estate.

Hawkins, 67, was killed on June 30 when Deputy George Mickens lost control of his cruiser near Shaw Air Force Base. Mickens, traveling at approximately 79 miles per hour, ran a red light and collided with Hawkins' vehicle.

"The last thing I remember thinking prior to everything happening was going to McDonald's," Mickens told troopers from his hospital bed 12 days after the wreck. "I don't know whether I passed out, blacked out or what caused me to pass out, black out."

A South Carolina Highway Patrol internal investigation concluded that a medical condition, likely a seizure, caused Mickens to lose driving ability. The Richland County Sheriffs Department's internal investigation came to that same conclusion.

The findings were turned over to the state solicitor who found there was insufficient evidence of any wrongdoing to charge him with.

Hawkins' family disagreed with those assessments and filed a wrongful death suit against Sheriff Leon Lott citing Mickens' prior driving record.

Mickens' driving record shows that he has crashed his car six times since 2002. Patrol records show Mickens caused four of the wrecks. Sumter county court records show since 1993, officers have stopped the deputy 12 times for offenses ranging from speeding to running a stop sign.

"It is incriminating evidence to me that shows a pattern that should at least to be considered," said Linda.

The settlement protects Lott and the sheriff's department from further suits.

"This was a very tragic accident," said Lott on Thursday. "No one wins in this case."

Mickens is no longer employed with the Richland County Sheriff's Department.

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