South MS Dodge’s guard beat to death customer trying to buy slushy, lawsuit says
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- A wrongful death suit alleges a guard fatally beat a Gulfport man buying a slushy.
- The lawsuit claims Dodge’s knew of the guard’s prior hostile behavior.
- The case settled confidentially; the guard faces a manslaughter charge.
Scott Clifford Miller, 76, was just trying to buy a blue slushy when he was assaulted by a security guard at Dodge’s Southern Style convenience store in Gulfport, said a wrongful death lawsuit filed in Harrison County Circuit Court.
The lawsuit recently settled on undisclosed terms, said Tim Holleman of Gulfport, attorney for Miller’s widow, Marsha Miller.
The lawsuit said a Dodge’s security guard repeatedly beat Miller over the head on Nov. 18, eventually leading to his death from a brain injury. Miller, who served in Vietnam as a member of the U.S. Army, died Jan. 13.
The security guard, 27-year-old Ellis Townsend, has been charged with manslaughter, the Harrison County jail docket shows.
Miller’s widow, Marsha Miller, sued Tupelo-based D&H Co., which operates Dodge’s in nine states. A D&H employee in Tupelo said Friday that the company has no comment on the lawsuit, which represents only Miller’s side of the case. She accused the company of negligence, along with failing to properly train or supervise Townsend and other employees.
Marsha Miller sought an unspecified amount in compensation and punitive damages.
Security guard dressed in SWAT gear
Dodge’s knew Townsend, who had worked there for three years, had previously been hostile to a customer, the lawsuit said.
Townsend liked to dress in SWAT-like gear that included black boots with straps and a vest with a body camera. He also carried a tactical flashlight, the lawsuit said, that “could be used as a baton to strike like a nightstick.”
The lawsuit does not say what prompted Townsend to allegedly attack Miller, who was trying to buy a blue slushy. Townsend would not permit Miller to pay for the slushy or leave the store, the lawsuit said.
Instead, it said, Townsend tried to wrest the slushy from Miller’s hand, crushing the Styrofoam cup it was in and spilling the icy beverage on both men. Angered, the lawsuit said, Townsend then used his fist to beat Miller over the head.
Employees, including a manager, saw Townsend attack Miller but did nothing to intercede, the lawsuit said.
“The standards for a security guard in an establishment such as Dodge’s is to contact law enforcement if a security guard determines a patron is trespassing and/or refuses to leave and/or (is) alleged to be shoplifting or (committing) theft,” the lawsuit concluded.
This story was originally published September 5, 2025 at 1:52 PM.
