A man from Gilbert, South Carolina, who was convicted of killing a 6-year-old girl in a drunk driving crash, might have his felony charges erased.
Billy Hutto Jr. is scheduled to appear before the South Carolina Department of Probation, Parole, and Pardon Services on Wednesday at 10:30 a.m. to ask for a pardon.
Back in 2013, Hutto was found guilty of causing the crash that killed little Emma Longstreet and injured several others. He was sentenced to 10 years in prison, but records show he was released in 2019. The tragic accident happened in 2012 at the intersection of Sunset Boulevard and Mallard Drive in Lexington County.
A day before the hearing, Emma’s father, David Longstreet, made it clear that he does not support any kind of pardon for Hutto.
“The answer is simply no,” he said.
South Carolina Attorney General Alan Wilson also stepped in, urging the board to reject Hutto’s request. In a social media post, Wilson said he couldn’t imagine the pain of losing a child and called the idea of pardoning Hutto “unacceptable.”
David Longstreet still remembers that heartbreaking day like it was yesterday.
“It never goes away,” he said. “Birthdays, holidays, special events—it’s always there.”
Recalling the crash, he said, “We were driving through the intersection, heading to church. Billy Patrick Hutto ran the red light at an excessive speed and T-boned us.”
David, his wife Karen, their three sons, and Emma were all in the car at the time. They all suffered injuries, but Emma didn’t survive.
Investigators revealed that Hutto was driving 60 mph in a 35 mph zone. His blood alcohol level was .208—more than twice the legal limit of .08 in South Carolina.
To keep Emma’s memory alive and prevent future tragedies, her family pushed for a new law.
In 2014, South Carolina passed Emma’s Law, which requires repeat drunk drivers to install an ignition interlock device in their cars. This device is like a breathalyzer—drivers have to blow into it, and if they have alcohol in their system, the car won’t start.
Steven Burritt, a representative from Mothers Against Drunk Driving in South Carolina, explained that first-time offenders with a blood alcohol level of .15 or higher also have to install the device.
Thanks to the Longstreet family’s continued efforts, Emma’s Law was strengthened in 2023 and officially took effect in 2024. Now, every person convicted of DUI in South Carolina must have an ignition interlock device in their car.
“Now the law is even better and even more deserving of her legacy,” Burritt said.
Hutto had a history of drunk driving even before the deadly crash. He was convicted of DUI back in 2009, just three years before the accident.
As for the pardon hearing, Hutto will get to decide which of his charges he wants to be considered for a pardon—he could ask for all of them to be erased. A board will then make the final decision.
In addition to seeking justice through the courts, the Longstreet family also took legal action against the bars that served Hutto alcohol before the crash. In 2015, they were awarded more than $3 million in a settlement.
Now, as the hearing approaches, the Longstreets continue to fight for justice for Emma and ensure that no other family has to go through the same pain they have endured.
