Lexington, SC 08/30/2024 (Paul Kirby) – A 23-year-old man West Columbia man has been convicted of murder and sentenced to 48 years in prison after being convicted by a Lexington County jury. The jury found that Cleveland Stone, Jr. murdered Michael Funny, age 66, on August 25, 2022, on Glenn Road in the Dixiana area of Lexington County. The trial began on Monday, August 19, 2024, and concluded on Thursday, August 22, 2024. The jury deliberated for approximately two hours before returning their verdict. Chief Administrative Judge Debra R. McCaslin presided over the trial and imposed the sentence.
Prior to the trial, Stone asked the Court for immunity from prosecution pursuant to South Carolina’s Stand Your Ground law. Following the hearing on August 8, 2024, the motion for immunity was denied and the case proceeded to trial. At trial, Stone raised the defenses of self-defense, defense of others, and defense of habitation.
Michael Duane Funny, age 66, also known as Mike, was shot and killed by Stone while in the driver’s seat of his vehicle in Stone’s driveway shortly after 8 p.m. on August 25, 2022. Stone resided at a home on Glenn Road with nine other family members including his father. The testimony at trial was that Stone’s father cut Mike’s grass and Mike owed Stone’s father twenty dollars. Mike was a long-distance truck driver and the testimony revealed that Mike returned home the day he was killed after being on the road for a couple of weeks. When Mike pulled into Stone’s driveway, Stone was in the yard along with two friends and his sister. Mike asked for Stone’s father and sixty seconds later Stone shot and killed Mike while Mike had his seatbelt on with the vehicle in reverse. The testimony and video evidence at trial also revealed that Stone had been drinking for approximately three hours leading up to the shooting.
During the trial, one of Stone’s friends testified in the State’s case in chief that Stone pulled out his gun, racked the slide, and shot through the open window of Mike’s vehicle following a brief questioning of Mike by Stone. Stone asked Mike who he was and Stone told Mike that he did not know him. This witness was standing in front of Mike’s vehicle when the shooting took place. He also testified he did not see Mike aim a gun at Stone. The testimony revealed that Stone escalated a situation unnecessarily. Mike was a CWP holder and had his gun on his right hip. Mike was able to shoot back after he was shot striking Stone and Stone’s sister who was standing behind Stone.
Crime scene evidence and the findings at autopsy were consistent with this witness’s account of what took place. Additionally, Mike was on a recorded phone call participating in a survey for the Centers for Disease Control and Prevention commonly referred to as the CDC. The entire encounter and shooting were captured on an audio recording and law enforcement was able to obtain a copy after learning that Mike was on the phone. On the recorded call, Mike is heard telling Stone to “tell your dad to call Mike” and “your daddy cut my grass” prior to Stone racking his weapon and shooting.
When law enforcement arrived on scene, they found Mike deceased in the driver’s seat of his vehicle with his seat belt on, foot on the brake, and his car in reverse. When law enforcement spoke to Stone, he denied having a gun or shooting. Initially, it was suggested to law enforcement that this was a drive by shooting. After the shooting, Stone hid his gun in the wooded area of his property, but it was located the following morning. At trial, the defense presented testimony of another friend that indicated that Mike was told to leave. However, the recorded phone call revealed that Mike was never asked to leave and never made any threats to Stone.
By all accounts, Stone and Mike did not know each other. However, testimony revealed that Stone’s father had cut Mike’s grass for over seven years and that Mike’s grass appeared freshly cut at the time of the shooting. Stone’s father denied knowing Mike to law enforcement while on scene, however, during the trial he testified that he had cut Mike’s grass a couple of weeks prior and that Mike still owed him twenty dollars. Mike did have twenty dollars in his pocket at the time of his death.
During sentencing, the Judge heard from Mike’s children and family. They expressed how great of a loss this was for them. Mike served in the military and law enforcement for about ten years followed by time as a bus operator in New York where he was born before becoming a truck driver. He was a proud third generation Scottish Rite Free Mason who enjoyed playing his guitar and served on the music ministry for his church. The family asked the Judge for the maximum sentence.
Senior Assistant Solicitors Robby McNair and Sutania A. Fuller handled the prosecution of this case for the Eleventh Circuit Solicitor’s Office. The prosecutors remarked that “Mike lost his life in sixty seconds after driving into this driveway. This was a senseless shooting that did not have to happen. It is important that people in the community know that you cannot simply shoot someone for entering your property to ask a question and voluntary intoxication is not a defense to murder in South Carolina.” The Lexington County Sheriff’s Department conducted the investigation. Stone has been transported to the South Carolina Department of Corrections to serve his prison sentence day for day.
PHOTO CAPTION: Cleveland Stone, Jr.
Comments