York County SWAT deputy justified in killing SC man who brandished rifle, prosecutor says

A South Carolina deputy who killed an man armed with a rifle in March used justified force, York County’s top prosecutor said.

Charlie Baker, 62, of Clover, died after he was shot by York County Sheriff’s Office SWAT deputy Berlin Gipson on March 3, officials said. The State Law Enforcement Division investigated the fatal shooting.

Kevin Brackett, 16th Circuit Solicitor, said in a letter to SLED that Baker pointed the rifle at deputies who were approaching Baker’s truck after a two-hour negotiation with law enforcement.

“The use of force by Deputy Gipson was both necessary and appropriate given the level of threat posed by Mr. Baker to the other officers on the scene,” Brackett said in the letter. “He was lawfully acting in defense of others, and the shooting was justified.”

No charges will be filed in the March shooting, Brackett told The Herald Tuesday.

The shooting happened after Baker appeared to put the rifle on the dashboard, and officers fired non-lethal tear gas into the truck, the investigation showed.

“As the officers approached the car in an attempt to detain him, he brandished his firearm, pointing it in the direction of the officers approaching from the back of his truck,” Brackett said.

Gipson then fire a single, fatal shot, Brackett said.

Gipson has been a deputy since 2021.

Police shootings reviewed by prosecutor

In a statement to The Herald Tuesday, York County Sheriff Kevin Tolson said the office wants outside reviews of officer involved shootings.

“We welcome an unbiased investigation into any officer involved shooting that occurs within our agency,” Tolson said. “While unfortunately this individual made a poor choice to attempt to harm our deputies, I’m thankful every deputy went home safe.”

In cases like the March shooting, SLED investigates. Then prosecutors decide if criminal charges are filed.

Brackett released the findings to The Herald after making the determination late last week. Brackett, who successfully won the Republican primary for reelection in June, said prosecutor reviews of police shootings should be released for public transparency and accountability .

The March fatal shooting by a York County deputy was the first of two in early 2024.

Brackett said a review is ongoing of the second shooting in April 2024 shooting near Rock Hill. In that case a man died after being shot by a deputy after barricading himself inside a home. Deputies had warrants for the man for kidnapping and domestic violence, and the man was armed with a baseball bat, SLED said in a statement after the shooting.