“What if one of them shot me in front of my kids?” – parents file lawsuit following gunpoint detainment by SCHP

COLUMBIA, SC (WOLO) — Two Blythewood parents say they were wrongfully handcuffed at gunpoint last May in front of their three young children.

In response, the family’s attorney, Attorney Tyler Bailey with the Bailey Law Firm, is now filing a federal civil rights lawsuit against the SC Department of Public Safety — and the trooper that pulled them over.

Kartrez Rush and his wife Jasmine Scott are event planners and say they were on their way home — along with their three young children ages 4,6, and 16– when they were pulled over in Sumter County.

“My first instinct was to grab my license and registration, thinking that one of the officers is going to approach my vehicle. But that’s not what happened,” says Kartrez Rush.

As seen on Trooper Kyle Lyman’s dashcam footage, Kartrez and Jasmine were ordered out of their vehicle at gunpoint, with their hands up, and told to walk backwards before being handcuffed.

“No explanation for anything. So as I back up towards these police officers, the only thing I could think about was, ‘What if one of them shot me in front of my kids?” Kartrez says through tears.

Then 16-year-old Kaitlyn Rush began to film the incident on her cell phone for their safety. In the audio, listeners can hear Kartrez say “Record…” and Kaitlyn nervously replying, “I am.”

“I was scared on that day because I didn’t know if my parents were going to be shot and killed. And I just want accountability on the cops on their end,” says Kaitlyn through tears at Wednesday’s press conference in front of the Matthew J. Perry Courthouse.

In the dashcam footage, law enforcement say they were responding to a 911 call in which the caller says someone saw people driving the same truck steal two dirt-bikes and a four-wheeler.

According to Bailey, A SLED officer, Sumter County deputies and Clarendon County deputies responded to the scene as well.

The Bailey Law Firm provided ABC Columbia with the 911 call audio.

“Somebody said they seen them load them in this trailer that we’re following. We’re on 527 just crossed 95 heading up to Sumter,” says the 911 caller.

Following a search of the U-Haul, this was proven to be false.

Bailey is now calling for accountability.

“Officers are still required to do police work. You can’t just go off of hunches or tips. Especially in the days we have today with swatting. People are losing their lives off of false calls or fake calls,” says Bailey.

After about half an hour, the couple was let out of handcuffs and were told by an officer that they had “reasonable suspicion and an identical tag number.”

However — in the 911 call, the caller says he is not able to make out the vehicle’s tag number.

“Ok what’s the license plate on that Dodge truck?” asks the 911 Operator. “Sir, I can’t get that close to it…” the caller replies.

A member of law enforcement can also be heard asking, “I don’t have enough for failure to stop?” to which another member of law enforcement replies, “No. It’s not like he was evading.”

“Imagine if that was you and your family. And they tell you to get out the vehicle with your hands in the air, and leave your kids in the truck crying,” says Kartrez.

ABC Columbia’s Lee Williams reached out for comment, and received the following response:

“The South Carolina Department of Public Safety has not received official notice of this lawsuit. However, we do not comment on pending litigation.”