Upstate SC legislator sues former top prosecutor, firefighter for defamation in Facebook spat
- SCCLR Newsletter
- Apr 17
- 3 min read
By: Eric Conner
GREENVILLE — State Sen. Josh Kimbrell — a 2026 gubernatorial candidate among a crowded Republican field — is suing Greenville County’s former chief prosecutor, another lawyer and an Upstate firefighter and his wife for defamation in a spat that has unfolded on social media and in the press this past week.
The suit, filed April 16 in Greenville County circuit court, centers around what the two-term senator says is an unfounded criminal investigation into harassment on social media and comments made outside of it and a separate civil lawsuit.
Kimbrell’s suit alleges defamation and malicious prosecution and names former 13th Circuit Solicitor Walt Wilkins, an attorney he works with in private practice, Lane Davis, and married couple Kyle and Emily Gilmore.
The dispute appears to have begun over a legal dispute over a charter airplane company where Emily Gilmore works, and that Kimbrell once co-owned.
In January, Kyle Gilmore, a firefighter for the Boiling Springs Fire Department, posted a photo of himself holding his daughter next to a firetruck. Last week, Kimbrell commented on his Senate Facebook page that the firefighter was “a disgrace” and said he had misgivings about lending financial support to the fire department as long as Gilmore was employed.
The April 17 suit lays out a series of events that begin shortly after Kimbrell announced last July his bid for the governor’s seat.
Nine days after Kimbrell’s announcement, Wilkins and Davis filed a civil action against him on behalf of a former business associate, a case that is pending, Kimbrell’s suit alleges.
Following the civil action, the suit alleges, the attorneys made defamatory statements that were for improper reasons outside of the civil action, and then “encouraged others connected to the underlying business to do the same.”
On April 7, after a public exchange on Facebook, the Gilmores contacted the Spartanburg County Sheriff's Office, State Law Enforcement Division and Mauldin Police Department to report harassment by Kimbrell, which was prompted by the two attorneys, the suit alleges.
Mauldin police opened a case, interviewed the Gilmores and closed the case after determining no criminal activity had occurred — then after that, a full and unredacted incident report was given to local news media, the suit alleges.
Wilkins and Davis couldn’t be reached for comment.
In a statement to The Post and Courier, Kyle Gilmore called Kimbrell’s actions — including the lawsuit — “a deliberate effort to damage my reputation and interfere with my ability to serve the community.” He said it’s put a strain on him and his family, colleagues and community.
“As someone who has dedicated my life to public service, … I believe in accountability, integrity, and respect,” he wrote. “Public officials carry a responsibility to lead with those values. Actions that contradict those principles deserve to be addressed openly and honestly.”
Emily Gilmore works with Exodus Airlines LLC, which Kimbrell used to co-own. In 2025, his former business partner, Frank George Rogers, sued Kimbrell for around $2 million from the charter aircraft company, according to previous Post and Courier reporting. That suit alleged that Kimbrell used the money to pay for his political ambitions.
The remaining investment team accused Rogers of managerial missteps that caused the company to lose clients and prompted a Federal Aviation Administration investigation, according to previous Post and Courier reporting.
Following the Facebook spat, Kimbrell’s campaign manager said in a statement that it was “a non-story” and that Kimbrell had replied out of frustration.
In response, Gilmore said he was shocked that a senator would attack him from an official account.
