Myrtle Beach, SC – After seven hours of deliberations over two days, an Horry County jury on Thursday found a Myrtle Beach man not guilty of murder in the shooting death of another man outside a Garden City Beach beachwear store.
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The verdict immediately sparked outrage among the victim’s family members and prompted claps from the relatives of Eli Eliyahu, who had been on trial since Monday in the 2007 killing of Bradley Pope.
After the verdict was read – not guilty for murder and a lesser charge of voluntary manslaughter – Thursday afternoon, deputies had to forcefully escort a woman in Pope’s family from the courtroom because she jumped to her feet and began to shout “no, no.” Another of his relatives pounded her fist on courtroom seating.
just after the last witness testified in his murder trial before Judge Larry Hyman at the Horry County Eliyahu’s family reacted with claps, raised their hands toward the ceiling and sighed collectively when Circuit Court Judge Larry Hyman ordered the 24-year-old released from custody.
Pope’s mother became so distraught after jurors left the courtroom that she was carried from the room. EMS was called to treat her in a waiting room, from which sobs could be heard throughout the third floor of the justice center.
Hyman held the families in the courtroom until jurors left the courthouse and then ordered the two families escorted out separately to avoid confrontations.
“After two years of trusting and hoping in the justice system I feel this is the biggest miscarriage of the justice system there could ever be. Anybody could see the evidence was there,” Pope’s grandfather Lloyd Georges said after the verdict. “It’s like my grandson’s life was worthless. He pushed a guy, which happens every day. I’m not revengeful, I’m hurt. He was my boy.”
Assistant Solicitor Brad Richardson declined to comment on the verdict. Eliyahu and his family also did not comment. But his attorneys, Tommy and Preston Brittain, said they were pleased with the conclusion.
“We’re very happy for Eli’s family and for Eli. He’s a fine young man,” Preston Brittain said. “We feel bad for the Pope family.”
Eliyahu originally was charged with voluntary manslaughter, but later a grand jury returned an indictment for murder after prosecutors sought the upgraded charge.
Pope, 23, was shot on June 8, 2007, outside Eliyahu’s store, Jaws Resort Wear in Garden City Beach.
Eliyahu was on the witness stand in his own defense on Wednesday and testified he shot Pope because he feared for his life after the two had a confrontation about the conduct of Pope’s two young sons inside the store.
Eliyahu testified that he approached two women with three children and Pope in the store that morning about controlling the children to keep them from harming themselves.
Eliyahu said Pope confronted him, “shoulder bumped” him and then put his hand on Eliyahu’s neck and shoved him before the group left the store. That incident was caught on the store’s security system.
Eliyahu said he immediately called 911 dispatch and followed the family outside to get their license plate number.
Eliyahu said Pope threatened him in the parking lot and charged at him, prompting him to pull his gun from his pants and he shouted at Pope to leave the property. Eliyahu said Pope charged at him and he shot him.
Eliyahu had a permit to carry a concealed weapon and testified he’d carried the gun for about a year for protection before the incident.
The nine-woman, three-man jury began their deliberations on Wednesday, but stalled that evening when they requested to review a video played during the trial because the video expert had returned to Charleston.
Jurors were provided Thursday morning with still photos in a video format from the store’s security camera and the 911 call made by Eliyahu.
At 1:45 p.m. the jury told Hyman they were deadlocked, but Hyman asked them to try again to reach a verdict.
Its quite surprising this jury worked for his favor. They were probably white people. I would also say not guilty but suprising the jury got him out.
Well Well, Kipah & Payot and selling what??
B”H … He clearly feared for his life, otherwise he would never have done that.
“Its quite surprising this jury worked for his favor. They were probably white people. I would also say not guilty but suprising the jury got him out.”
We have not seen the video of what happened in the store. We have also not been told if Mr. Pope had a criminal record for violent behavior. The jury made their decision based on all relevant data.
This is a sad story. I guess we can speculate that this situation might have ended quite differently if Mr. Eliyahou hit a silent alarm right after his throat was grabbed. Hindsight is always perfect though.. How can we as a society help prevent situations such as what happened to Mr. Eliyahu from occuring? Do US courts put enough emphasis on court ordered psychotherapy for those with anger management problems?
And therein lies the problem. Tha father says his son just bumped him and that’s a daily occurence. Some people believe that that kind of violence is ok, and this jury rightfully said its not.
As the saying goes, “rather be tried by 12 (jurors) than be carried by 6 (pallbearers)”.
very interesting the charlotteobserver ran this story with a picture of ELi without a kippa, I’m not sure of there was photshop involved here, or he had it off and only put it on in middle…what do you think?
http://www.charlotteobserver.com/breaking/story/776600.html
That a Beis Din in halachah can hold a goy chayav misa for striking a yid after the fact is one thing. But what acceptable defense does the news article provide? He was afraid of getting beaten up? Threat of being beaten up provides no justification for homicide in my moral system, particularly when there might be other options. Did the goy have a weapon of any kind? Was there no other out? Couldn’t he run into his store and defend himself with a bat or some other blunt object? What about shooting him in the leg? Doesn’t he go for target practice? What was the likelihood the fellow would have killed him in broad daylight in the parking lot? If the fellow was that out of control, he probably wouldn’t have made it to the point where he had a family life. Did he make any of these assessments in his mind before shooting or choosing not to run?
It seems like murder in the second degree to me, at least in NYS where we have such a distinction. It would seem to me even by beis din he’s chayav malkus.
Good job there was plenty of surveillance tape & that he legally carried a gun. I’m happy for him. As for the guy who died: it sounds like he was a real hothead. Somehow I imagine a huge guy charging like a bull at the Jewboy. Sad, but hey! You have to consider that sometimes, the little guys do fight back.
I live in Myrtle Beach and none of the people who are commenting here have a clue as to what this case is about! Everything is recorded bec he was on the phone with the police and the store cameras video taped everything before he called 911 so its not Eli’s word against a man who cant defend himself. The evidence shows self defense, and most of all Hashem is the true judge! Good Shabbos!
Don’t you have anything better to do with your time? You could have been bathing the kids or making the cholent for Shabbos. Instead you’re looking at a photo online with a magnifying glass.
No wonder this country’s in a mess. Our priorities are all messed up.
A civil case was settled last year for $925,000 by the store’s insurance company.
http://www.scnow.com/scp/news/local/grand_strand/article/store_owners_pay_925000_in_deadly_2007_garden_city_beachwear_store_shooting/15923
I dont understand how this guy life was in jepardy. This man goes out tice and to get a license plate? If his life was threatened why do you wait 10 minutes to call the police and not right away and then get the license plate. The whole thing is odd.
Secondly if your life is thretened you immediately pull out the gun, give a warning to the perp that if hes does not abck off he will be shot and then you have the video prove that everything was done by the book.
Anyone who shoots someone AFTER they leave a store will be charged with murder in a case like this. It’s a miracle that the jury found this guy not guilty.
He can kiss his store good bye because now he will be “looked” after by those that say he’s guilty. Im gald he won, but his life will never be the same.
#27 , You are dead wrong, no pun intended. There is no jurisdiction in the United States that permits the use of deadly force against simple tresspassers. Deadly force may only be used in case of imminent threat of death or grave bodily injury to oneself or to anorther person. In some jurisdictions, deadly force may also be used to prevent some attrocious crimes such as rape or kidnapping.
#30, I see that you’ve been reading “Soldier of Fortune” magazine or some such. If you actually did, C’V, perform a Mozambique on anyone, it would be virtually a guarranteed murder conviction, even if the shooting was otherwise justified.
To all you Rambo wannabe’s out there, Killing another human being, even a skell, is not a light matter. If you.C’V,ever end up having to use deadly force. You’d better be legally and morally right, you’d better be ready to face, not only a court of law, but the Beis Din shel Ma’alah.
I am surprised that the store’s insurance company settled the civil suit almost a year ago. Isn’t a civil suit usually postponed until after the criminal case is resolved?
I thought I read somewhere that there is a state(or perhaps more than one?) that does not allow civil lawsuits in the case of a shooting where the criminal trial resulted in verdicts of not guilty. I have mixed feelings about this.