No charges filed against Horry County police officer who ran over beachgoer | Myrtle Beach

CONWAY – No charges will be filed against the former Horry County police officer who killed a Myrtle Beach woman when he ran her over on the beach in June.

15th Judicial District Attorney Jimmy Richardson decided against charging Julian “Duke” Brown after reviewing the S.C. Highway Patrol's investigation into the crash that killed 66-year-old Sandy Schultz-Peters. In an Aug. 12 letter explaining his decision, Richardson wrote that he found no evidence of negligence that would warrant criminal charges. The Highway Patrol released the letter Sept. 6.

“South Carolina law and case law are clear on this point: vehicular homicide is not a strict liability crime,” Richardson wrote. “In other words, just because an accident occurs does not mean the person who caused the accident is criminally liable. In fact, the law requires much more for a criminal charge. It requires willful and reckless acts that demonstrate a state of mind lacking concern for human life.”

Richardson noted that Schultz-Peters' family had been informed of his decision.

Brown's lawyer was not immediately available for comment.

Brown was placed on leave after the collision but retired on July 26, according to public records. He worked for the county since becoming its first beach safety director in 1988.

The accident occurred on June 13 shortly after 1 p.m. at the beach access on Nash Street between Springmaid Pier and Myrtle Beach State Park. Brown drove his HCPD Ford Ranger over Schultz-Peters, a Myrtle Beach nurse who enjoyed reading on the beach. Schultz-Peters later died at Grand Strand Medical Center.

Brown, who turned 70 last year, had gone to the beach to check out ocean conditions before a lifeguard event scheduled for the afternoon, according to Richardson's letter. When he arrived, he stopped and within three minutes called the National Weather Service in Wilmington, North Carolina. After making the call, Brown put the car in forward gear to turn around and return to the road. Five seconds into the turn, he struck Schultz-Peters.

At the time of the crash, Brown was traveling about 6 miles per hour, according to the Highway Patrol accident report. He was not talking or texting while driving, but police concluded that inattention and distracted driving played a role.

Brown's drug and alcohol tests were also negative, according to the lawyer's letter.

“It is obvious that HCPD Officer Brown did not intentionally injure the victim,” Richardson wrote.

Witnesses said Schultz-Peters was sitting in a beach chair when Brown ran over her, trapping her between his tire and the sand. A group of bystanders helped lift the front of the truck to pull her out.

The accident shocked those who knew Brown, a veteran police officer whose name has long been synonymous with beach safety.

He became an assistant lifeguard at age 12 and later worked as a lifeguard, police officer and physical education teacher. Brown led the development of junior lifeguard programs and helped write instruction manuals for a national safety organization.

Brown taught in county schools for decades and then worked as a beach patroller during the summers and weekends. He retired from both the school service and the police force in 2018, but immediately returned to the beach patrol.

Throughout his career, Brown received many positive performance reviews, according to his personnel file. County employees praised him for his dedication to promoting beach safety and his 60-hour work weeks during the summer months.

“He knows his job better than anyone else,” said one review.

Those records also show that Brown had been cautioned once for his driving. In 2011, he crashed into a fence while trying to avoid some pedestrians as he drove onto a beach access, a disciplinary report said.

At the time, Brown was attempting to rescue a plane that had landed on the beach near the Ocean Lakes Family Campground, the report said. His impact caused minor damage to the driver's side bumper.

The HCPD concluded that Brown had violated agency policies regarding careless, negligent, or improper use of county equipment and issued him a written warning.

Since the June accident, some lawmakers have called for public safety agencies to limit the use of police vehicles on the beach. Republican Rep. William Bailey of North Myrtle Beach has said he is working on a bill that, if passed, would keep large patrol cars off the beach during peak hours, with exceptions for emergencies. Bailey has said if an officer with Brown's experience could go through something like this, it could happen to anyone.

County officials also said beach patrollers would use more ATVs and foot patrols to reduce the number of trucks on the beach.

Meanwhile, Schultz-Peters' family has filed a wrongful death lawsuit against police, accusing Brown of negligence. Last month, the district filed a response asking the court to dismiss the suit.

A lawyer for the Schultz-Peters family could not be reached.