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A grandfather who called police in 2019 alleging his granddaughters boyfriend threatened them with a weapon has filed a lawsuit against the Fayetteville Police Department after a police officer slammed him to the ground, knocking him unconscious, according to a civil complaint filed Thursday in Cumberland County Superior Court.

Robert Edwards, 66, suffered a concussion, brain bleed and contusions in the March 4, 2019, incident outside his Topeka Street home, his attorney Michael Porter said.

It was whileEdwards argued with the boyfriend that Officer Patrick Guilette placed Edwards hands behind his back and swept his legs from beneath him, taking Edwards to the ground, the complaint alleges.

When Edwards fell, his head struck the asphalt and he lost consciousness, body camera video of the altercation provided by Edwards' attorneys Thursday shows.

Its our legal opinion that he had no excuse to leg sweep him, said attorneyMichael Porter.

Porter and attorney Drew Dempster filed the lawsuit on behalf of Edwards.

"We believe, as stated in the complaint, that the officer used inappropriate and excessive force in violation of our client's civil rights.

Moreover, Porter continued, the city has condoned this conduct because to our knowledge this officer has not been reprimanded and they have refused to do right by Mr. Edwards."

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After Edwards was taken from the scene to the hospital and released, he was booked into the Cumberland County jail on a charge of obstructing an officer. The charge was later dropped by the Cumberland County District Attorneys Office.

Porter said that before filingthe lawsuit he sent a demand letter to the city in June 2020 asking that Edwards be compensated $390,000. His hospital bills were in excess of $33,000.

The demand and subsequent lawsuit allege that Guilette committed common law battery against Edwards; that the officer and the city violated Edwards' Fourth Amendment right to be free from unreasonable search and seizure; that the officer and the city committed malicious prosecution against Edwards; and that he was falsely imprisoned.

In a response from city attorney Karen McDonald in December on behalf of the City Council and shared by Porter with the Observer McDonald said the council met in closed session and viewed the bodycam footage as well as a demand letter for $390,000 from Edwards.

After thoughtful review and discussion, the Council did not express any interest in settling this matter or making a counteroffer, McDonald wrote.

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In a revised demand letter sent Wednesday to the city that included copies of Edwards medical treatment and billing along with information gleaned from a use-of-force expert retained by the defense, Porter concluded:

A paradigm shift is occurring in the country in regards to citizens no longer ignoring the misconduct of law enforcement, particularly in regards to their interactions with persons of color like Mr. Edwards, he wrote. "If a settlement cannot be reached, we will hold a press conference when we file our civil action, and we will issue a press release along with copies of the video footage, the medical records, medical bills and City's response to our demands."

McDonalds brief response Thursday to the amended demand noted she had notified the council of the revised demand, medical bills and that the defense had enlisted the help of a use-of-force expert.

"The City Council has not authorized a counteroffer at this time."

Sgt. Jeremy Glass, a spokesman for the Fayetteville Police Department, said in a statement Thursday afternoon that the department is aware of the lawsuit.

There is body camera footage of the incident which includes the events leading up to Mr. Edwardss arrest, he said. In anticipation of potential litigation a use of force expert also reviewed the footage and determined that the actions of Officer Guilette were appropriate and reasonable under the circumstances and that Officer Guilette used the least amount of effective force to control the situation, he said. The City intends to vigorously defend the lawsuit.

Watch: Body cam video released in alleged Fayetteville police brutality

The City of Fayetteville and one of its police officers are facing a lawsuit alleging excessive force against Robert Edwards, an elderly Black man.

Body Camera Footage, Fayetteville PD

The body camera footage, released by order of Cumberland County Superior Court Judge Mary Ann Tally in December. shows the events leading up to Edwards injury.

Police were called to the Fayetteville home about 2 p.m. for a dispute between Edwards granddaughter and her ex-boyfriend, Porter said.

In the video, the granddaughter explains that her ex-boyfriend hit her car with his car.

Officer Erin Scullion responded first to the scene and Guilette arrived as backup.

Prior to Guilettes arrival, video from Scullions bodycamshows that Edwards asks at least twice that the boyfriend be arrested, before he swings at the younger man and the two fall to the ground.

When Scullion threatens to use a stun gun, the younger man holds his hands out saying he was attacked.

By the time Guilette arrived, the two men had stopped scuffling and Edwards went back into his home.

The video from Guilettes body camera shows his arrival at the scene.

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The moment he steps from the vehicle and approaches Scullion he asks, Who'sgoing to jail, as the boyfriend excitedly says he was just trying to leave.

The grandfather assaulted him, Scullion says pointing toward the house as Edwards emerges from the front door.

This man threatened us with a gun, Edwards yells, walking directly toward Guilette.

We need some help, he says. "This man threatened me with a gun."

"I didn't threaten you, the boyfriend responds, and Edwards spins around toward him and yells, You told me you had a gun in the car!

The two men are within feet of each other.

When the boyfriend moves, Edwards flinches and throws his hands up as if to block an expected blow.

Guilette then pulls Edwards away from the younger man, telling him to go stand near his yard.

The two are separated momentarily until Edwards comes back toward the younger man asking if he thinks hes a punk.

Guilettes bodycam then shows Guilette pulling Edwards' relaxed arms behind his back. Within moments, both men are on the ground. Edwards is unconscious.

Are you crazy he's 74 goddamn years old! You done lost your damn mind," the granddaughter screams, mistaking her grandfather's age, as she rushes to his side.

Scullion pulls the 20-year-old woman off her unconscious grandfather as he lies motionless and face down in the street.

Black lives matter! the granddaughter screams several times, her voice cracking with emotion.

Guilette cuffs Edwards while repeating, "Sir," as if to wake him. "Sir, you OK?"

The officer then stands up and through his shoulder radio asks dispatch to send an ambulance.

He again tries to wake Edwards, who's audibly snoring.

A voice off-camera asks, "Can I get your name and your badge number? I need your name and badge number. We called for help," as the granddaughter again crouches on the ground next to her grandfather crying, "Granddaddy, are you OK?"

When Guilette puts his hand on Edwards back, the young woman swats it away.

"Get off of him! she yells, then falls back onto the street crying Oh my God, he's all I got left!"

After Scullion intervenes and pulls the young woman off Edwards, Guilette rolls him onto his side, again calling out "Sir," and asking, "You OK, sir? Can you talk to me? Can you talk to me, sir?"

In the background, the granddaughter is heard yelling.

"This is what the white cops do to you. This is why you don't call the police. My granddaddy just got knocked out cold because I called the police ..." she cries.

After uncuffing Edwards and rolling him over, Guilette begins to rub on his sternum. Edwards appears to be regaining consciousness.

"What's his name, sweetheart," Guilette asks, to which the girl replies angrily, You did this!

After a little more than two minutes of unresponsiveness, Edwards starts to raise his head as the officers ask his name.

More than two minutes later he mumbles his name.

Seeing this, his granddaughter walks toward him.

"Granddaddy, let's go in the house. Please get up so we can just leave them out here she says.

Guilette tells her an ambulance is coming.

"He could be injured," the officer says.

"You did this," the young woman yells.

"You're right because he wasn't listening, ma'am, Guilette replies.

Eventually, the granddaughter pulls her grandfather to his feet. He is unsteady and Guilette holds onto his arm.

When the woman continues to try to get Edwards to go inside, Guilette says, "Ma'am, we're not done."

A third officer approaches and walks out of frame.

Moments later, as Guilette urges Edwards to walk over to his patrol car to lean on it, the camera catches a glimpse of the granddaughter on the ground and an officer placing her in handcuffs.

At his patrol car, Guilette is asking Edwards questions like what day, month or year it is. Edwards cant answer the questions. He appears confused.

"Can I go in the house and sit down?" Edward asks.

We're gonna hang out 'cause I got an ambulance coming. I got an ambulance coming to check you out cause you hit your head pretty hard, Guilette responds. I put you on the ground because you weren't listening, you were trying to fight the other young man on the street.

No, not me ...When? a dazed Edwards asks.

"Y'all was about to fight in the street, sir, and you weren't listening when I tried to telling you to go back into your yard," Guilette says.

Edwards asks if he can lay down, but Guilette tells him no, that he should stand because he hit his head.

"Can I lay down?" Edwards asks again.

Guilette repeats that Edwards hit his head and EMS is coming.

"I hit my head?" Edwards said, then asks again if he can lay down.

You hit your head pretty hard when I put you on the ground. I wouldn't lay down right now, OK. I wanna wait 'til the ambulance gets here and checks you out, Guilette says.

You put me on the ground? Edwards says.

You came out here trying to fight him and I told you to stop and you didn't stop, Guilette says.

Not me, the unsteady Edwards replies as he leans against the patrol car.

You did, which I get it. It was emotional, I get it. You were just protecting your granddaughter. But you can't do that. When I tell you to stop, you gotta stop.

"Can I lay down?" Edward asks yet again.

Toward the end of the video, Edwards hold his stomach and says he has to vomit.

Porter on Thursday noted that is a symptom of a concussion.

Edwards was treated at the hospital and released, only to be booked into jail on the obstruction charge. Ultimately, the charge was dismissed. His granddaughter was not charged, despite being placed in handcuffs.

The following day, Porter said, an ambulance was called to Edwards' home and he was taken to the emergency room.

Doctors diagnosed him with a brain bleed, contusion on the brain and concussion. The brain bleed had been missed the day prior, Porter said. Edwards also sustained scrapes and abrasions on his face, shoulder and arms, Porter said.

Robert Edwards was born and raised in Fayetteville, he said Thursday during a three-way call with the Observer that included his attorney Porter.

Edwards recalls, as a Black man, being treated badly by law enforcement in the 1960s, specifically naming the officer who he said beat him.

But we was used to taking an ass-whooping back then, Edwards chuckled, his voice metered and gravely, sounding older than his 66 years.

It would be the only chuckle that would tumble from Edwards as he recounted, sometimes tearfully, what happened on that day two years ago when Gods will helped him survive.

He remembers that his granddaughter first called police after her boyfriend hit her car with his.

He remembers calling police himself after Officer Scullion arrived and she seemed unable to control the situation alone.

He said he next remembers waking up on the ground.

When my granddaughter tried to pick me up, I kept saying to myself, How did I get in the road, did a car hit me?

He hasnt watched the full body camera footage, he admits. Porter said when Edwards tried, he became emotional and had to walk out.

The thought of what happened to him something he can only imagine because the memory is gone makes his voice catch in his throat.

I never expected nothing to happen like this. I could see if I was in a bar where somebody was drunk and hanging out, but not at my house, he said.

Originally posted here:
'I didn't deserve it': Grandfather sues Fayetteville police officer, city alleging excessive use of force - The Fayetteville Observer