Ice Cream Truck Driver's Rap Sheet Raises Questions

An ice cream truck driver charged with drug crime while on the job in Gaffney has a serious criminal record, according to a SLED background check.

Michael Mulligan, 40, of Boiling Springs, has 13 charges and 11 convictions dating back to 1987, including arrests for assault & battery with intent to kill, criminal domestic violence 1st degree, and attempted escape.

A judge sentenced Mulligan to 10 years in prison in 1988 for violating probation on two counts of grand larceny and autobreaking.

In 2003, Mulligan was sentenced to three years in prison after being convicted of assaulting a law enforcement officer in Greenville County.

News Channel 7 requested the background check after Mulligan was charged with drug possession in Gaffney on Wednesday. A police report states that a woman approached an officer and complained that a nearby ice cream truck appeared to be selling something other than ice cream.

The officer investigated the ice cream truck and saw that two of the flashing lights on the truck weren’t working properly, the officer stated in his report.

The officer stopped the truck and asked the driver, identified as Mulligan, if he could search the truck.

Mulligan agreed, according to the report, and the officer found a baggy of marijuana in the truck’s trash bin. Mulligan was arrested and charged with simple possession of marijuana, a misdemeanor.

He works for Todd's Ice Cream, based in Spartanburg County. A man who identified himself as the manager told a News Channel 7 reporter to leave the property on Friday when the reporter asked him about the company's hiring policies. Owner Burnette Todd could not be reached for comment.

It's not the first time Todd's employees have made headlines. In June 2008, an ice cream truck driver and his wife were arrested in Duncan after a citizen remembered seeing the driver's picture on a "wanted" poster. Police say the driver, Anthony Davidson, was driving with a suspended license and was wanted on outstanding warrants for obtaining goods by false pretense. His wife, Laura Davidson, who was also working for Todd's, was charged with possession of drug paraphernalia after police say they found a crack pipe in her purse. Davidson also had a felony conviction on her record -- unlawful child neglect.

At the time, Todd told News Channel 7 he was not aware of Davidson's record, and said even if he had been, he might have still hired her "because everyone needs a job". He said he does not conduct background checks on potential employees. He said he asks them on their application if they've ever been convicted of a felony and it's up to them to be honest.

The city of Gaffney does not require ice cream truck drivers to have a background check in order to get a business license. Neither does the city of Spartanburg, according to employees at city's business license enforcement department. However, the cities of Greenville, Mauldin, Simpsonville and Easley do require ice cream truck drivers to have background checks.

State Senator Glenn Reese (D - Spartanburg) says he was not aware that some municipalities were requiring background checks.  

"Probably there does need to be some uniformity," says Reese. "Your story will create an awareness, and then what we need to do as a legislature is look at what municipalities are doing and see if we need to implement something statewide."