Sims-Irby was 18 years old at the time of the attack, and had been trying for years to get the $20,000 taken from her on the night in question. (2)
According to the local broadcaster, the cash was being held by police in Greenville, where the robbery suspects were arrested. Despite a guilty plea from one of the men, Sims-Irby says the authorities wouldn’t return her money. She filed a civil lawsuit in April to get it back.
What happened to the money?
The Atlanta Black Star reports that court records state Sims-Irby and a female friend drove from Greenville to Atlanta to work at a strip club, which is apparently how Sims-Irby gained the large sum of cash. (3) The two women later met with four male acquaintances, who also drove in from Greenville, at a hotel parking lot. That’s when the robbery occurred.
Greenville police arrested one of the men, Tyjailon Smith, who had the money in his possession, reports the Black Star. He was extradited to Georgia and in 2023 pleaded guilty to theft by taking. According to Sims-Irby’s lawsuit, obtained by the Black Star, he admitted in court the money belonged to her.
But she never got the money back. Sims-Irby told Fox Carolina she spent years demanding answers from Greenville police with little results. Legal analyst Grant Varner explained to the broadcaster that such cases may not be as clear-cut as they seem.
“The city of Greenville has an issue. Who do they return this cash to, and how do they get it back in the hands of the rightful owner? That’s difficult to determine, and certainly the city doesn’t want to be liable if they give the money back to Ms. Sims-Irby only for a couple of weeks later that someone comes along and says ‘that’s my money and I can prove it,’” he said.
After several attempts to recover the money, Sims-Irby filed a lawsuit. The case ended with a mutual agreement between her legal team and the city, which cut her a check, while the police department was dismissed from the case, reports Fox Carolina. Unfortunately for Sims-Irby, about 40% of the money went toward covering legal fees.
“It’s still not kind of a win because I have to pay out something that’s mine and it was just like a big waste of time,” Sims-Irby said.
What to do if police are holding your property
In some cases, law enforcement might use a tool known as civil forfeiture to seize assets they suspect to be tied to criminal activity. Proponents say it’s an effective way to cut off criminals’ resources, while critics argue it can leave innocents empty-handed.
