An Atlanta man, falsely accused of stealing a tomato from Wal-Mart, has filed a lawsuit against the police officer who beat him and broke his bones with a baton before arresting him.
The plaintiff, Tyrone Carnegay, was exiting the retail store on Martin Luther King Jr. Drive in October 2014, when the manager accused him of stealing a tomato. Officer Trevor King, an off-duty Atlanta police officer working security at the store, grabbed the man without asking him any questions or demanding a receipt and began hitting him.
“He’s giving a verbal command as he’s grabbing me, beating me at the same time, saying, ‘Get on ground, get on ground, get on ground,’” Carnegay recalled. “My leg started giving out, man, I said, ‘Whoa!’ and then that's when he jumped on my back and everything at the end. I said, ‘Here go my hands, man, what's the problem?’”
As is evident from the recently released surveillance footage (posted above), Carnegay did not put up a fight. Moreover, even though King discovered the payment receipt for the allegedly stolen tomato upon reaching into the man’s pant pocket, he still proceeded to arrest him.
The victim, who suffered two broken bones in his leg as well as a ruptured artery from the encounter, was transported to Grady Memorial Hospital where he was handcuffed to the bed because King claimed the injured man “assaulted him and obstructed him from doing his job.”
Carnegay spent three days in Fulton County Jail, facing misdemeanor charges of battery against police and willful obstruction of law enforcement officers. The authorities later dropped the charges, but it wasn’t enough for Carnegay, who now has two titanium rods in his legs and walks with a limp.
Wal-Mart and the on-duty manager are also named in his complaint.
“As a result of defendant King’s brutal attack, Mr. Carnegay suffered bodily injuries, including fractures to his right fibula and tibia,” attorneys Craig Jones and Steven West said in the lawsuit seeking damages for the plaintiff’s pain and suffering along with the legal fees he incurred defending himself.
A spokesperson for Atlanta Police Department has not commented on the lawsuit yet.