“Both victims were truly victims”: Allen Benedict Court investigation finds hundreds of safety violations

Fifth District Solicitor says no criminal charges will be filed as a result of the investigation

COLUMBIA, S.C. (WOLO) —Nine months after two men died due to carbon monoxide poisoning at Allen Benedict Court, Fifth District Solicitor Byron Gipson says no criminal charges will be filed against the Columbia Housing Authority.

However, the organization, which has since re-branded as Columbia Housing, will have to address hundreds of safety violations reported throughout the complex in civil court.

Columbia Police Chief Skip Holbrook said his team found 869 safety violations of the International Fire Code throughout the apartments, ranging from no smoke or carbon monoxide detectors to inadequate maintenance of appliances first installed in the 1980’s. 

He says these issues severely impacted the quality of life for more than 400 people living in the apartments, including the two men who passed away in January.

“Both victims were truly victims. There was no preventative maintenance on appliances. Quality of life violations across the property are pervasive. There were unlivable conditions, old appliances, old heaters, just poor maintenance in general,” Chief Holbrook said.

The investigation into the deaths of Calvin Witherspoon, 61, and Derrick Roper, 30, found that debris build-up between the heat exchanger and heating flue in Building J-1, J-2, and J-3 caused carbon monoxide to enter the apartments.

The presence of carbon monoxide led to more than 400 people having to leave their homes, but Solicitor Byron Gipson determined that the housing authority will not be held criminally liable since there is no statute that could lead to a criminal negligence charge onto an organization.

“Death no matter how tragic doesn’t necessarily mean that there’s a criminal charge to follow. There’s not a criminal negligence statute in South Carolina to charge, so there is not probable cause for criminal charges to be brought in General Sessions Court,” Gipson said.

Even though the investigation shed light on what people living in Allen Benedict Court had to endure, some say they still feel for the affected families.

“Closure to this will probably never, ever happen, but it does give us an opportunity to move beyond what happened in January to a better place,” said Councilman Ed McDowell of the Columbia City Council.

As a result of the 869 safety violations, the Columbia Police Department filed 22 criminal summons for Housing Authority representatives to appear in municipal court. That hearing will take place on January 22.

In response, Columbia Housing released a statement, saying, in part, the following:

“In the time since Derrick Caldwell Roper’s and Calvin Witherspoon, Jr.’s untimely deaths, Columbia Housing has done a number of things to ensure that the January 17th tragedy never happens again. For example-In March, four new commissioners– Anne Sinclair, James Chatfield, Georgia Mjartan, and Kara Simmons– were appointed to the current Board. The new Board members join returning Commissioners Selena Pickens, George Green, and Ernest Cromartie, III who serve as Commission Chairman. Commissioners are tasked with setting policy for the agency and supporting the agency’s executive leadership team as they implement those policies.

In addition to new Board appointments, Columbia Housing also has new leadership. After successful tenures in Aiken, SC; Toledo, OH; and Greenville, SC-Ivory Williams Mathews was selected to lead Columbia Housing-largely because of her resident-focused philosophy that is rooted in high-staff performance. In the first week of her tenure, Mathews presented a 12-month action plan to address agency challenges and elevate performance at the 85-year old affordable housing agency. Those efforts included four overarching principles: 1) improving service delivery to residents; 2) creating a climate of transparency and accountability; 3) maximizing organizational efficiencies, and 4) increasing community confidence.

”It’s a new day at Columbia Housing,” says Commission Chairman Ernest Cromartie, III. ”Ivory is a solid transformative leader. She is transparent with the Board, her follow-through and accountability is unmatched. We are confident in her ability to lead Columbia Housing forward, restore public trust and improve service delivery to our residents.”

Mathews is committed to working with the residents, the Board of Commissioners and Staff, the city of Columbia, and community partners to transform Columbia Housing’s service-delivery and community presence as the agency works to continue to meet the affordable housing needs of some of the area’s most vulnerable citizens.”