By FITSNews || If you’re going to arrest someone on wafer-thin grounds, it’s probably a good idea to check first and make sure they’re not a lawyer.
The City of Columbia Police Department is learning that lesson the hard way this week, as Attorney Jonathan McCoy is suing the city after being “wrongfully arrested” last October outside of a Five Points bar.
From WLTX TV 19 (CBS – Columbia, S.C.):
McCoy says he tried to ask the officers if his friend was under arrest and where they were taking him. In the video you can see one of the officers shove McCoy. In the lawsuit, McCoy states that at this point, he was arrested and when he asked why he was arrested, the officer told him, “For that right there–asking questions.”
McCoy’s lawsuit contends his first amendment rights were violated. We talked with first amendment lawyer Jay Bender on the issue.
“To ask an officer what’s going on is entirely appropriate by any citizen at any time. That’s clearly a violation of first amendment rights of any citizen. You have the right to communicate with public officials without the fear of being arrested,” said Bender.
According to McCoy’s Lawsuit papers he also believes the police lied when they wrote the incident report. The report states that when McCoy approached them, he grabbed one of the officers by the arm. We showed the video surveillance to Bender.
“What I see on this tape is inconsistent with what the police report says. I suspect if this police officer had known there was a video it might have been phrased differently. McCoy acted better than the police officers from my perspective,” said Bender.
Ruh-roh.
Jay Bender has spoken, people, and as far as we know that’s like one of those old E.F. Hutton commercials.
Anyway, we’ll keep y’all in the loop as to how this case progresses …
UPDATE: Ooooh … ladies. He’s the “real McCoy.”
By Al February 6, 2010 at 7:40 pm
The Columbia police are corrupt…from Chief Tandy Carter on down to the foot patrol.
I had first hand knowledge of false reports, took it to him, and he could have cared less.
But what should we expect for the City…its government is awful.
By Liberty For Me February 6, 2010 at 7:49 pm
Half of the police training should be to teach them who is the boss and what rights citizens have.Those who disrespect our rights should be dealt with severly
By SnakeMD February 6, 2010 at 10:38 pm
Carter is not corrupt, he is just caught up in Cola politics. (keeping his job) The problem was with his predecessor, Chief Austin. Austin was the consummate politician who knew almost nothing about running a law enforcement agency. Inept promotions, along with quota promotions which we are still paying for. The morale with the majority of the Cola Police Department is about as low as you can get. Anybody with any ambition gets out and moves on to other agencies. Those that stay are biding their time because of years invested. Is Cola City Government different from other cities? I honestly don’t know. As for Jay Bender–you can etch it in stone. Stay on this one FITS.
By Ynotfirst February 7, 2010 at 7:33 am
I understand the Cola PD is all tight with the Orangeburg PD. That explains it all doesn’t it?
Cola PD refuses complaints all the time too.
By beentook2 February 7, 2010 at 10:02 am
Unless you are Snake Plissken it would be in your best interest to stop at the Columbia City Limits Signs. In this nest, the Gestapo cockroaches carry guns and they have the reputation of arresting you just for looking at them much less asking them a question. Now that Lowe’s, Wal-Mart and Tractor Supply have stores outside of the Harbison Area I only go into Harbison to shop at Sam’s. If I spot one of the Gestapo cockroaches, I take steps to avoid them.
By rediculous February 7, 2010 at 11:54 am
To begin with the cops that work in 5 points everyday are well aware of the cameras in the area. That tape is over 15 minutes long and edited for your viewing pleasure by McCoy’s attorney. There is also no sound on that video… how are you so sure that he wasn’t like every other drunk in 5 points at 4am and acting belligerent?
By beentook2 February 7, 2010 at 2:09 pm
Thank you for your insights Ms. Carter. However in the immortal words of Colonel Potter, horse hockey.
By Another Opinion February 7, 2010 at 8:29 pm
The Real McCoy he is indeed.
Nationwide, cops are rotten to the core. I mean no insult to the legitimate cops out there who are good people trying to do a good job under overwhelming pressure.
Generally speaking, cops don’t like questions unless they’re asking them.
If this article is factual, the cop should lose his job.
By BM February 7, 2010 at 9:13 pm
I would say the cops in Columbia were jokes if they didn’t carry guns and “the authority of law.” I’m more scared of them in Five Points than I am of the crack heads creeping around. Speaking of them, I’ve always wondered why the cops would walk by the crackheads who actually mug and rape people down there and worry about arresting college kids instead.
By WorkingTommyC February 7, 2010 at 10:23 pm
If you want to know the problem with most cops, read “The Bell Curve.”
By R February 8, 2010 at 7:13 am
Columbia Cops are dirty thugs hiding behind badges. They are inept, corrupt, and incompetent. The department sucks from top to bottom and we can all thank moron of the century Charles Austin. This man has to be the dumbest, most clueless person ever to occupy a police department. He’s probably still insisting there is no gang problem in Columbia. But if his inept leadership of the police force wasn’t bad enough, Columbia’s other resident fool Mayor Boob promotes him to City Manager. No wonder Columbia is a total joke and is yet another reason I thank God every day I don’t live in the city limits.