CONWAY — The estate of an Horry County man shot and killed last fall has filed a lawsuit that claims a Conway restaurant contributed to his death because it served alcohol to his accused killer after a state-mandated COVID-19 curfew.
The victim, Paul Anthony Mishoe, and others were at CW’s Wings and Rib Shack in November where they drank alcoholic beverages at a bar inside the restaurant, the lawsuit said. Mishoe and the man charged with killing him, Stephen O’Hara, engaged in a conversation at the bar, the complaint says.
The restaurant kept serving alcohol after 11 p.m., according to the lawsuit, despite an executive order from Gov. Henry McMaster that halted liquor sales at restaurants after 11 p.m. as a measure to slow the spread of COVID-19. The curfew was lifted in March.
The suit alleges O'Hara was served alcohol after the governor's curfew and that he was “highly intoxicated." He also carried concealed firearm that went undetected. Patrons cannot drink alcohol inside a bar when carrying a concealed weapon, according to state law.
“The failure to search and detect such a dangerous weapon prior to serving alcohol to such a person was a direct cause of the death of plaintiff, Paul Anthony Mishoe,” the lawsuit said.
After returning to the vehicle, Mishoe was allegedly shot and killed at close range in the back of his neck and head. O'Hara was charged with murder.
“Such attack would not have been possible if CW’s Wings and Rib Shack had taken precautions to prevent people from possessing concealed weapons while consuming alcohol and becoming highly intoxicated on its premises,” the lawsuit said.
The estate is asking to recover unspecified damages “for the loss of his life which and for the value of his life to his beneficiaries, which are his three minor children.”
Efforts to reach CW's was unsuccessful May 5.
O’Hara was released on a $75,000 bond in January, according to J. Reuben Long Detention Center's online booking records.
Mishoe’s mother filed a wrongful-death lawsuit against O’Hara in March.