Not much has been released officially about an incident between juveniles at Lemon Park.
Video of the March 20 incident has been circulating on Facebook. The video shows a group of at least five juvenile males assaulting another male juvenile with kicks and punches.
“Charges were filed on the evening of the incident. The parents/guardians of all who were involved were notified of the charges by Tuesday. However, this matter is an active ongoing investigation and the police department will not have any further comment at this time. We urge our community to pull together and unify with one another during times like this,” stated a post by the City of Barnwell Police Department on March 22.
The People-Sentinel requested copies of any documents related to the case.
“This case is still active and under investigation so we will not be releasing it right now,” stated the department’s emailed reply to the newspaper.
The People-Sentinel reminded the police department that there is no “active investigation” exemption under the state’s Freedom of Information Act (FOIA). In fact, the law allows journalists and the public to inspect and copy certain records without a written request. This includes police records from the previous 14 days that show the “nature, substance, and location” of a crime or alleged crime.
During a follow-up call with Police Chief Lamaz Robinson, the newspaper was told it would be irresponsible to release the report since there are many lies circulating online and the department was still trying to determine exactly what transpired. The newspaper responded that it was important to release the documents, not only because it’s lawful, but because it’s important for the public to know about public safety.
“This is another example of a police chief displaying arrogance and ignorance of the law. Police reports are public records, and must be made available to the public. There is no “under investigation” exemption from disclosure,” said Jay Bender, legal counsel for the S.C. Press Association, which represents the state’s 85 newspapers.
In a subsequent call, the chief told the newspaper that attorneys told him he did not have to release the records immediately. While FOIA does provide a timeline for public bodies, such as police departments, to respond to FOIA requests, that does not apply to the situation of police records from the previous 14-day period. Those records are supposed to be readily available for viewing and copying.
“If the chief was accurately quoting the department’s attorney about the time for response to a request for records, the department needs a lawyer who can read. I’m guessing the chief never spoke to a lawyer. Each time a police department ignores the requirements of the law and withholds records from the public, it diminishes the department’s credibility,” said Bender.
The department did release a heavily redacted one-page incident report. However, no supplemental or booking reports were provided.
The redacted report essentially states that officers were dispatched to the park’s football field around 8 p.m. for an assault. They found a juvenile on the ground who was complaining of minor injuries. Redactions make it difficult to understand the circumstances that led up to the assault.
While multiple allegations have been made online about the cause of the attack, The People-Sentinel will not publish those since nothing has been proven.
In addition to cell phone footage of the incident, there is also surveillance footage from the park. Using American Rescue Plan funding, cameras were recently installed at Lemon Park, Fuller Park, and downtown to improve safety and security.
“Cameras did help us in that matter,” said City Administrator Lynn McEwen. “Cameras uptown have also been timely and helpful in a couple of things.”
Mayor Marcus Rivera made a Facebook statement after being tagged multiple times online.
“I pray that all of the children involved are fine physically, mentally, and emotionally. Secondly, I Marcus Rivera, not Mayor Rivera, have been working in this community with the youth especially young men to teach them that any acts of violence, retaliation, bullying, or any crime of any sort is unacceptable,” he said.
While he said he is “confident” in the police department’s abilities to investigate this case, he said there’s a bigger issue. “We have elected officials, adults, both black and white, exhibiting childish behaviors that’s being viewed by children and others. This is not a racial issue; this is a matter of right and wrong. Nothing will justify the acts of the young men that were in the video, but they must also be heard, before being judged,” he said.
The mayor recommended to the city council that any child under 16 visiting any of the city’s parks be accompanied by an adult. This has not been voted on as of press time.
The police chief also agreed to continue performing walk-throughs at the parks, especially during events.
