Greenville sheriff's office faces lawsuit after bodycam shows deputy grabbing man's neck

The Greenville County Sheriff's Office is facing a personal-injury lawsuit after body-camera footage showed a deputy grabbing a man's neck and taking him to the ground during an encounter in 2020.

Deputy Jose Medina responded to a call on Poinsett Highway near Rutherford Road on Feb. 18, 2020, to investigate an unidentified man asking others for drug paraphernalia, according to the lawsuit. The lawsuit alleges Medina used excessive force in his interaction with Billy Darrel Prescott.

Through the lawsuit, Prescott is seeking a jury trial and to be awarded damages in an amount to be determined by the court.

The Sheriff's Office has declined to comment on the pending litigation, as is protocol.

Prescott was sentenced to two years of probation on March 25, 2020, after pleading guilty to possession of less than one gram of meth or cocaine base first offense and resisting arrest.

A public disorderly conduct charge was dismissed, according to online Greenville County court records.

The Greenville News obtained a copy of the bodycam footage through Greenville attorney Jake Erwin, who shared the footage on behalf of Prescott, his client. Prescott obtained the footage through discovery in his criminal case. Bodycam footage is not subject to disclosure through Freedom of Information Act requests in South Carolina.

In the video, Medina is seen stopping Prescott near a car wash and inquiring about the reported criminal activity. Prescott says he has only asked someone about a bus stop when Medina asks for Prescott's identification.

Prescott then begins to walk toward the car wash stations, the video shows, and he holds up his backpack when Medina grabs Prescott's right arm.

"Why you grabbing me? I'm giving you my ID," Prescott says at least six times, as shown in the video.

Medina then grabs Prescott's collar and the front of his neck and shout, "Stop! Stop! Get on the ground," the video shows.

A tussle ensues, the bodycam video shows, and Medina and Prescott go to the ground. The video shows Medina pressing his right forearm against Prescott's neck while trying to gain control of his hands, which hold the backpack.

"You're going to get dog-bit. You're going to get dog-bit," Medina, a K9 deputy, says to Prescott in the video. "Put your hands behind your... back."

The bodycam video then goes dark and appears to be covered by Prescott's back while Prescott is heard saying, "OK, OK, OK." The audio then cuts off for several minutes.

Moments later, the video shows other deputies on scene restraining Prescott on the ground. The audio then returns, and Prescott appears on the ground and says, "He punched me for no reason. It's on body camera."

A deputy is then heard saying "stop talking" before a hand appears in front of the camera and the audio is cut off again for the remainder of the video.

Medina was not disciplined from the incident, said Sheriff's Office spokesperson Lt. Ryan Flood.

Prescott was taken to a hospital after the arrest to be treated for injuries to his face and neck suffered during the scuffle, according to the lawsuit.

The suit claims Prescott suffered "extreme emotional distress" along with anxiety, grief and sorrow.

Erwin is representing Prescott in the civil case and said Medina's physical force was unwarranted and unprovoked.

"This confrontation did not have to be violent in any way, shape or form," Erwin said.

He said the force and restraint used on Prescott's neck was dangerous.

"Not only is that dangerous for a person you’re performing that on, I think all the experts in the field, the people who train law enforcement on close combat and how to deal with confrontation, would all say going to the throat creates a more instable situation," Erwin said.

Daniel J. Gross is an investigative watchdog reporter focusing on public safety and law enforcement for The Greenville News. Reach him at dgross@greenvillenews.com or on Twitter @danieljgross. Subscribe to The Greenville News at greenvillenews.com/subscribe.