Stephen Flood: Horry County Transport Van Drowning Conviction After Hurricane Florence

July 5, 2022

Stephen Flood, a former Horry County Sheriff’s Office deputy, was convicted after two women died in a sheriff’s office transport van that entered Hurricane Florence floodwaters in Marion County, South Carolina, on or about September 18, 2018.

This story is based on multiple cited news reports and settlement coverage. It separates reported facts, allegations, charges, convictions, lawsuits, official statements, and uncorroborated claims.

Reported Incident

According to local trial coverage, Flood and former deputy Joshua Bishop were transporting Wendy Newton, 45, and Nicolette Green, 43, in a Horry County Sheriff’s Office transport van after Hurricane Florence when the van entered floodwaters in Marion County. Reports said Newton and Green were being transported for mental health treatment or behavioral health placement.

News reports said the van became overtaken by floodwaters. Flood and Bishop were able to escape, but Newton and Green were locked in the back of the transport van and died after they were unable to escape.

Reporting on the route and barricade issue has used slightly different wording. Some local reports said Flood drove around a flood barrier or barricade and into floodwaters. Other reporting described a barricade being lowered for the vehicle before it proceeded into the flooded area. The central reported fact remains that the transport van entered floodwaters and became trapped or disabled, leading to Newton’s and Green’s deaths.

Allegations and Investigative Findings

Authorities and court-related reporting alleged that Flood’s decision to continue into floodwaters caused the deaths of Newton and Green. Trial and appeal coverage reported that Flood’s defense argued the water level shown in some images and video admitted at trial had risen after the van entered the area, and that those images were prejudicial.

Termination papers reported by WPDE stated that Flood and Bishop were fired from the Horry County Sheriff’s Office for “wanton disregard for the safety of persons.”

Charges

Flood was charged with two counts of reckless homicide and two counts of involuntary manslaughter in connection with the deaths of Newton and Green. Bishop was charged separately with two counts of involuntary manslaughter.

Conviction and Sentence

On May 19, 2022, a Marion County jury found Flood guilty on all counts. Circuit Court Judge William Seales sentenced Flood to 18 years in prison.

After sentencing, Twelfth Circuit Solicitor Ed Clements confirmed that Flood’s involuntary manslaughter charges were dropped because Flood could not be punished twice for each death. The sentence remained 18 years, imposed as nine years on each reckless homicide count, served consecutively.

Flood’s attorneys later appealed, arguing in part that the trial court erred by allowing the jury to see drone video and photographs of flooding taken after Flood drove into the floodwaters, and by choosing the reckless homicide convictions for sentencing after the involuntary manslaughter counts were dropped.

Joshua Bishop

Bishop was also in the van. Later reporting said prosecutors dropped the charges against Bishop, with Solicitor Ed Clements saying Flood’s trial helped clarify Bishop’s role and that there was not enough evidence to proceed against him.

Lawsuits and Settlements

Horry County reached settlement agreements with the estates of Wendy Newton and Nicolette Green. WMBF reported that Horry County announced it had reached an agreement to resolve all claims made against the county regarding the deaths.

The Sun News reported that Horry County would pay more than $6 million to the family of one of the women and that identical settlements were reached in both deaths, costing the county more than $12 million total.

Separate reporting said a judge approved a $1 million settlement between American Aluminum Accessories, a company associated with equipment for law enforcement transport vehicles, and the family of Nicolette Green.

Official Statements

In a statement reported by WMBF, Horry County said it regretted and acknowledged the deaths, extended condolences to the families, and said changes had been implemented to better protect mental health patients during transport.

Flood apologized in court before sentencing, according to WPDE reporting, and said he never intended the deaths to happen.

Uncorroborated Claims

No additional uncorroborated claims are included in this story. The facts above are limited to reported allegations, court proceedings, convictions, sentencing updates, lawsuits, settlements, and official statements from cited coverage.

Sources