United States of America v. Derrick Gathers

Columbia, South Carolina, criminal defense lawyer represented the Defendant charged with unlawful transportation of a firearm.

On August 16, 2023, Trooper Frazier with the South Carolina Highway Patrol (SCHP) stopped Derrick Gathers, 40, of Augusta, Georgia, for speeding on Highway 78 in Bamberg County. Gathers gave Trooper Frazier a license and vehicle registration, and Trooper Frazier took those items back to his patrol vehicle to run a routine records check. Trooper Frazier had concerns about the driver’s license, and when Trooper Frazier reapproached the driver’s side of the vehicle to investigate, Gathers pulled out a firearm, shot trooper Frazier in the face, and sped away. A Bamberg County Sheriff’s Department (BCSD) deputy was providing support during the traffic stop, and both officers returned fire at Gather’s fleeing vehicle. Gather’s fleeing vehicle was located by law enforcement, including members of the Bamberg Police Department, SCHP, and BCSD. During the chase, Gathers lost control of the vehicle and crashed in Branchville. Gathers was thereafter taken into custody.

The Dorchester County Sheriff’s Department executed a search warrant on the vehicle and found a pistol loaded with 9mm ammunition under the brake pedal. SLED matched the recovered pistol to one of the fired cartridge casings left at the scene of the initial traffic stop.

Gathers has previous felony convictions for 3rd degree rape and 2nd degree criminal possession of a weapon from the state of New York, which both prevent him from possessing a firearm or ammunition.

The State Trooper, Lance Corporal Frazier, has fully recovered from the injuries he sustained during the incident.

Gathers faces a maximum penalty of 15 years in federal prison. He also faces a fine of up to $250,000, restitution, and a term of supervision to follow the term of imprisonment. United States District Judge Mary Geiger Lewis accepted the guilty plea and will sentence Gathers after receiving and reviewing a sentencing report prepared by the U.S. Probation Office.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the South Carolina Law Enforcement Division, the Orangeburg County Sheriff’s Office, the Dorchester County Sheriff’s Office, and the Bamberg Police Department. Assistant U.S. Attorney Lamar Fyall is prosecuting the case.

The Defendant elected to plead guilty.

Gathers faces a maximum penalty of 15 years in federal prison. He also faces a fine of up to $250,000, restitution, and a term of supervision to follow the term of imprisonment. United States District Judge Mary Geiger Lewis accepted the guilty plea and will sentence Gathers after receiving and reviewing a sentencing report prepared by the U.S. Probation Office.