Following a contested Stand Your Ground hearing held April 20 in Dillon County General Sessions Court, Circuit Court Judge Brian Gibbons ruled that Timmie Green is immune from prosecution under South Carolina’s Protection of Persons and Property Act in connection with the June 12, 2021, death of Kendarius Dudley.
Green was represented by the Fourth Circuit Public Defender’s Office, led by Chief Public Defender Nathan Scales. Deputy Public Defender Jamie Scruggs tried the case on behalf of the defense and argued that the evidence, including surveillance footage introduced during the hearing, established that Green acted in lawful self-defense.
The ruling marks another significant courtroom victory for the Fourth Circuit Public Defender’s Office, which has earned a series of favorable outcomes in serious felony cases across Chesterfield, Darlington, Dillon and Marlboro counties in recent years, including multiple not guilty verdicts in jury trials and successful litigation of complex constitutional issues.
“Our attorneys and staff continue to produce exceptional work under difficult circumstances and extremely heavy caseloads,” said Scales following the ruling. “Jamie Scruggs did an outstanding job presenting this case and advocating for his client. This office has a group of lawyers who prepare thoroughly, fight hard for their clients and take their responsibilities to the court and the community seriously.”
According to testimony presented during the hearing, the incident occurred at “The Sands,” a local gathering place where members of the community would socialize, drink and play cards or dice.
Scruggs told the court that an argument between Green and Dudley escalated into a fist fight before ultimately turning into an armed confrontation.
According to the defense, Dudley was carrying two firearms during the incident. Testimony indicated that Dudley first pulled a handgun from his waistband, which Green managed to take away and throw aside before a physical altercation followed. Witnesses testified that several bystanders eventually intervened and broke up the fight.
Surveillance footage later introduced into evidence showed Dudley sitting down after the fight before allegedly retrieving a second firearm from his ankle and advancing toward Green. Green then picked up the firearm previously taken from Dudley and fired.
The video also showed Green immediately running toward Dudley after the shooting before later leaving the scene. Green turned himself in to law enforcement later that same day.
“This was a tragic situation involving family members,” said Scruggs during the hearing, while maintaining that Green’s actions were justified under South Carolina law.
Attorneys representing the South Carolina Attorney General’s Office declined to make an opening statement.
Green, now 23, testified that the dispute began over a dice game after Dudley accused him of cheating and demanded money back.
Green testified that after the physical altercation ended, he backed away unarmed before Dudley allegedly retrieved another firearm and approached him.
“What did you do?” asked Scruggs during direct examination.
“I shot him,” responded Green, testifying that he feared for his life and believed deadly force was necessary to prevent death or serious bodily injury.
Following the hearing, Judge Gibbons took the matter under advisement before issuing a written ruling on May 1.
In the order, Judge Gibbons wrote:
“The Court finds that because the Defendant had been pushed off the victim and walked away, and further made no attempt to reinitiate the conflict, the Defendant had been restored to his right of self-defense at the time the Victim drew his gun. At that time, the Defendant had the right to meet force with force under the law.”
South Carolina’s Protection of Persons and Property Act allows individuals to use deadly force when they reasonably believe it is necessary to prevent death or great bodily injury while lawfully present in a location.
“We believed Mr. Green was justified in defending himself,” said Scruggs following the ruling. “We appreciate the Court’s careful review of both the evidence and the law.”
Chief Circuit Defender Scales and the attorneys and staff of the Fourth Circuit Public Defender’s Office provide legal representation to individuals throughout Chesterfield, Darlington, Dillon and Marlboro counties who qualify for appointed counsel because they cannot afford to hire a private attorney.
