COLUMBIA, S.C. — The family of a man who died at a Columbia public housing apartment unit four years ago has received a $2 million settlement over his death.
Attorneys for the family of Calvin Witherspoon confirmed Monday they'd reached an agreement with the Columbia Housing Authority that was approved by a federal judge.
“I can finally grieve knowing that I got some form of justice for my father and that he can rest in peace,” said Danielle Washington, daughter of Calvin Witherspoon, Jr., in a written statement. Washington had filed the suit, one of several brought in the wake of the January 17, 2019 incident at Allen Benedict Court, a set of housing units operated by the Columbia Housing off Harden Street
Witherspoon, 61, and Derrick Roper, 30, were found dead in their units. The Richland County Coroner said carbon monoxide poisoning caused both deaths.
A day after their deaths, multiple gas leaks were discovered throughout the property, and the entire collection of units had to be evacuated, leaving over 400 people without a permanent home. They were put up in hotels, and then were given vouchers to find new affordable housing.
After an investigation by City of Columbia Code Enforcement, the U.S. Department of Housing and Urban Development (HUD) Inspector General, and inspectors from City of Columbia Fire and Police departments, Fifth Circuit Solicitor Byron Gipson's concluded that probable cause did not exist to pursue criminal charges against CHA in general sessions court.
In late 2019, CHA was cited for more than 860 violations in 22 different categories by Columbia Police's Code Enforcement Division, for a total fine of $10,340. In February 2020, representatives from CHA plead guilty in City of Columbia's municipal court regarding the inspection citations and fined just under $11,000.
At one point Washington's lawsuit was dismissed, but the U.S. Fourth Circuit Court of Appeals reinstated it earlier this year.
Documents filed in federal court show the housing authority's insurer will pay $400,000 of the settlement while the CHA will pay $1.6 million of the total $2 million. Of that, the family will receive about $1.1 million after fees are subtracted.
Allen Benedict Court was torn down and new units are expected to be built there by next year.