Kevin S. Bracket
March 19, 2018
Special Agent Todd W. Ruiter
South Carolina Law Enforcement Division
37 Villa Road, Suite 402
Greenville, South Carolina 29615
Re: SLED File 34-17-0168
Agent Ruffner:
Lam writing in reference to your file #34-17-0168 detailing the results of your investigation into
the shooting death of Mr. Trenton Lonnie Fondren by Deputy Gary Pence of the York County
Sheriffs Office. My review of the file leads me to the conclusions I have detailed below.
On December 1” in the early morning hours Deputy Pence was dispatched to a call involving an
intoxicated individual named Trenton Fondren reportedly threatening his mother with a knife.
Deputy Pence initially passed by the caller's residence at 753 E. Limestone Road and then turned
around to go back. As he passed, he noticed an individual on the porch stand up and quickly
walk towards the road upon seeing his patrol vehicle. Upon returning he encountered Mr.
Fondren in the road walking towards his car, Mr. Fondren was armed with a knife and mov
quickly toward the eer.
Deputy Penee got out of his car at a safe distance back and pulled his handgun while yelling
‘commands for Mr. Fondren to stop and drop his weapon, Mr. Fondren continued to approach
Deputy Pence in an aggressive fashion and told him he would have to shoot him, Deputy Pence
began to retreat backwards down the road to maintain a safe reaction distance from Mr. Fondren
while continuing to order him to drop the knife. Other than the lights from the ear the scene was
poorly I
‘As Mr. Fondren reached the open door of the patrol car he abruptly tumed and entered the
running vehicle sitting down in the driver's seat, Inside the ear, between the seats was the
oaded patrol rifle issued to Deputy Pence, In addition, the car was running with the keys in it
allowing for Mr, Fondren to drive at Deputy Pence or to escape, now armed with an assault rifie,
The rifle was examined after the incident and no blood was detected. Swabs of the rifle stock
Moss Justice Center
1675-10 York HicHway * York, SOUTH CAROLINA 29745-7422
(603) 6283020 * Fax: (03) 6283025and grip were collected and sent for testing. This revealed that Mr. Fondren’s DNA was present
and from this | deduce that he was attempting to deploy the rifle. At this point Deputy Pence
shot and killed Mr. Fondren with his handgun, The entire interaction took less than 20 seconds
and the shooting only 3 seconds.
Based on the facts above it was clear that Deputy Pence was confronted with an armed and
dangerous individual who disregarded numerous lawful orders to drop his weapon end stop
advancing. He had only seconds to react and decide how to respond and was forced to make his
jons in very limit bility. Despite his best efforts to buy time to talk by retreating,
Deputy Pence was placed in an untenable position by the actions of Mr. Fondren and was left
with no choice but fo use deadly force to eliminate the clear threat he posed when he
commandeered a patrol cer equipped with an assault rifle.
Because the use of force in this case was justified and reasonable I am closing my file in this,
matter. Should you develop additional information that you consider relevant or have any
questions for me please do not hesitate to contact me. Thank you for the very thorough and
detailed investigation you performed in this mater.
Sincerely,
Kevin S. Brackett
Solicitor, 16" Judicial Circuit