Resident says deputy attacked him

Web posted October 12, 2000

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By Greg Rickabaugh
South Carolina Bureau

AIKEN - An 84-year-old Aiken County man is suing a sheriff's deputy for excessive force and assault and battery, claiming the officer was out of control when he attacked the man in 1999 while searching for the man's son.

Kendrell Barton filed the lawsuit Tuesday against sheriff's Lt. A. Cecil Posey of the Aiken County Sheriff's Office. Mr. Barton seeks money to pay his medical bills from the alleged assault.

According to the suit, Mr. Barton heard a loud banging on his door at 11 p.m. April 22, 1999.

``The banging had to be loud because the Plaintiff is hard of hearing,'' the suit states. ``Plaintiff lives in a high crime neighborhood and always at night, when answering his door, has his rifle in clear view.''

Mr. Barton had the gun when he looked through the door and asked Lt. Posey what he wanted. The officer began shouting loudly and making threats, the suit states. The homeowner asked the deputy to calm down so he could understand why he was there at that time of night.

At about that time, Lt. Posey jerked the screen door open, pulled Mr. Barton onto the porch and ``physically assaulted him to the extent that he required medical attention,'' the suit says.

Mr. Barton suffers from several physical conditions. By contrast, Lt. Posey is ``young, strong, (and) out of control,'' the suit alleges.

Mr. Barton says in the lawsuit he discovered that the sheriff's officer was at his house trying to find Mr. Barton's son to deliver a Family Court bench warrant for nonsupport of children.

A lawsuit represents one point of view. Lt. Posey has 30 days to respond.

Reach Greg Rickabaugh at (803) 279-6895.

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