South Carolina Woman Reclaims Stolen Cash After 3-Year Struggle with Police

After going through a horrific incident in Atlanta, where Tamia Sims-Irby was pistol-whipped and stabbed, she found herself involved in a prolonged battle to reclaim $20,000 stolen from her. It took a grueling three years, but she has finally gotten most of her cash back from the Greenville police, who had been holding it all this time.

“I’m beyond relieved!” Tamia told Fox Carolina on November 6. “I wouldn’t wish this experience on anyone, not even my worst enemy.”

The Heart-Wrenching Journey

At just 18 years old during the tragic robbery, Sims-Irby tried for years to retrieve the cash that night. Reports say Greenville police were in possession of the money, following the arrest of the robbery suspects. Despite one suspect pleading guilty, she wasn’t able to get her money back and eventually had to file a civil lawsuit in April.

Timeline of the Incident

The Atlanta Black Star shared that Sims-Irby, along with a female friend, were in Atlanta for work at a strip club, which is how she ended up with that large sum of cash. (1) They met four male acquaintances in a hotel parking lot when the robbery took place.

Police managed to arrest suspect Tyjailon Smith, who had her money at the time. He was subsequently extradited to Georgia and pleaded guilty to theft by taking in 2023. In court, Smith even admitted that the money belonged to Sims-Irby. (2) However, she still didn’t see a penny of it.

Sims-Irby reported feeling frustrated as she pursued answers from police with little success. Grant Varner, a legal analyst, mentioned to the news outlet that such cases can get pretty complicated.

“Figuring out who the rightful owner is can be tricky for the Greenville city officials,” he said. “They don’t want to return the money to the wrong person and later face problems if someone else claims it as theirs.”

A Legal Resolution

After exhausting multiple avenues, Sims-Irby took to court. Fortunately, the case concluded with an agreement between her legal team and the city, leading to a check being issued to her. Unfortunately, around 40% went straight to legal fees. (3)

Sims-Irby expressed her mixed feelings about the outcome: “Although I got some of my money back, it’s frustrating to be out so much for something that belonged to me in the first place. It just feels like such a waste of time.”

What to Do if Your Property is Held by Police

Laws can vary by state when it comes to recovering property from law enforcement. Often, a civil forfeiture can be used to justify retaining assets connected to alleged criminal activities. While it can help reduce criminal resources, many believe it leaves innocent people at a loss.

As of now, there’s no indication that Sims-Irby’s situation was kept under civil forfeiture laws when the police held her money. Greenville authorities have chosen not to comment while legal proceedings were ongoing. However, they later clarified that the cash wasn’t held as evidence but for safekeeping until the rightful owner was determined.

Should you find yourself in a similar position as Sims-Irby, you might consider these steps:

Request confirmation: Ask the police for clarification in writing about why your property is being held.
Consult a lawyer: Especially for significant amounts, legal avenues may be the best way forward.
Gather evidence: Compile any documentation or witness statements that might substantiate your claim.
Know your legal rights: Processes for reclaiming property differ from state to state.

It’s crucial to remember the legal fees to retrieve your assets could exceed the lost amount. In a troubling 2021 case, a Georgia man had $8,000 seized by the police at an airport even without any charges and spent $15,000 on legal fees to challenge the seizure. Only after a federal appellate court ruling recently was he finally able to collect his attorney’s costs as well. (4)