MYRTLE BEACH, SC (WBTW) – A man arrested by police in Horry County is now suing the department.
John Kubilis was arrested on March 29, 2018 and charged with unlawful consumption of alcohol while carrying a concealed weapon and pointing and presenting a firearm at a person. According to the lawsuit, the criminal charges against Kubilis were resolved in July of 2018.
The lawsuit, filed last week, claims the Horry County Police Department failed to supply video evidence that was requested using the Freedom of Information Act (FOIA). The lawsuit claims video evidence was used during a preliminary hearing in June 2018. The FOIA request was filed in March 2019, according to the lawsuit.
The suit goes on to say the HCPD had 15 days to comply with the request since the records sought are, “public records… not held in connection with any pending criminal case, and accordingly are not exempt from disclosure under the FOIA.”
According to the lawsuit, police refused to turn over the video because it is, “not owned by the department and is not subject to FOIA.” Attorneys for Kubilis claim the video is now a public record because it was used as evidence. According to the lawsuit, HCPD later denied the request again saying the video is, “exempt from disclosure” under South Carolina State Code.
Kubilis is asking the court to require Horry County police to supply the video and award attorney costs and fees, along with any further ancillary relief the court finds proper.
A public spokesperson with Horry County Police said the department can’t comment on pending litigation.