ELECTRONICALLY FILED - 2022 Apr 19 10:10 AM - FLORENCE - COMMON PLEAS - CASE#2022CP2100800

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) TWELFTH JUDICIAL CIRCUIT
COUNTY OF FLORENCE )
CIVIL ACTION 2021-CP-21-_________
JESSICA HOMAN, AS PERSONAL )
REPRESENTATIVE OF THE ESTATE )
OF CHARLES GREEN, )
)
Plaintiff, )
)
vs. ) SUMMONS
)
TOWN OF TIMMONSVILLE, )
)
Defendant. )
____________________________________)

TO THE DEFENDANT ABOVE-NAMED:

YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy
of which is herewith served upon you, and to serve a copy of your answer to this complaint upon
the subscriber, at the address shown below, within thirty (30) days after service hereof, exclusive
of the day of such service, and if you fail to answer the complaint, judgment by default will be
rendered against you for the relief demanded in the complaint.

Columbia, South Carolina s/ Mario A. Pacella

Dated: April 19, 2022 Attorney for Plaintiff

Address: Strom Law Firm

6923 N. Trenholm Rd, Suite 200
Columbia, SC 29206
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STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) TWELFTH JUDICIAL CIRCUIT
COUNTY OF FLORENCE )
CIVIL ACTION 2022-CP-21-_________
JESSE HOMAN, AS PERSONAL )
REPRESENTATIVE OF THE ESTATE )
OF CHARLES GREEN, )
)
Plaintiff, )
)
vs. ) COMPLAINT
)
TOWN OF TIMMONSVILLE, )
)
Defendant. )
____________________________________)

The Plaintiff, Jesse Homan. as the Personal Representative of the Estate of Charles Green,

complaining of the Defendant herein, would respectfully show unto this Honorable Court and

allege as follows:

PARTIES, JURISDICTION, AND VENUE

1. The Plaintiff, Jessica Homan, is a citizen and resident of the State of Florida and

was the wife and appointed Personal Representative of the Estate of Charles Green on April 5,

2022, by order of the Florence County Probate Court.

2. This suit is filed on behalf of the Estate of Charles Green (Decedent Green). At the

time of his death, the Decedent was a citizen and resident of Florence County. The statutory heirs

are Jessica Homan; Reniya Ayana Monique, and Mersadez Amani Green.

3. The Defendant, Town of Timmonsville (hereinafter referred to as “Town”), is a

governmental agency/entity existing under the laws of the State of South Carolina operates the

Timmonsville Police Department. At all times hereinafter mentioned in this lawsuit, Defendant

Town acted and carried on its business by and through its agents, servants, and/or employees at

the Timmonsville Police Department in Florence County, South Carolina.

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4. Plaintiff is informed and believes that venue is proper in Florence County as a

substantial portion of the actions and/or occurrences took place in Florence County.

FACTS

5. At the time of his death on April 10, 2021, Decedent Green, was a 33-year-old man

residing in Timmonsville, South Carolina.

6. On April 8, 2021, Officer Locklear of the Timmonsville Police Department initiated

a traffic stop of Decedent Green. When Office Locklear stated his intention to take Decedent

Green into custody for the purpose of searching the vehicle, Decedent Green started to drive away.

7. Officer Locklear then initiated pursuit of Decedent Green, where Decedent Green’s

vehicle made contact with a palm tree, disabling the vehicle.

8. According to Officer Locklear, Decedent Green “hopped out of the vehicle in a

hostile manner.”

9. According to Officer Locklear, he drew his service weapon from his holster and

aimed it at Decedent Green, making verbal commands for Decedent Green to turn around and lie

down on the ground. According to Officer Locklear, Decedent Green initially complied, but he

then made an abrupt turn toward Officer Locklear who had already reholstered his service weapon.

10. According to Officer Locklear, a scuffle ensued, Officer Locklear reached for his

taser and attempted to tase Decedent Green. That was unsuccessful and Decedent Green broke

free and attempted to flee.

11. According to Officer Locklear, he then attempted to tase Decedent Green in the

lower back portion of Decedent Green’s body after saying “taser” three times. However, instead

of tasing Decedent Green in the torso, the taser prongs made contact on the left side of Decedent’s

head.

12. According to Officer Locklear, Decedent Green continued to resist, requiring

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additional force be used to bring Decedent Green into custody.

13. Once in custody, Decedent Green stated multiple times that he could not breathe.

14. When Timmonsville Rescue arrived, Decedent Green began foaming at the mouth,

complained of being hot, and had a heart rate exceeding 200 bpm and then dropped into the range

of 30-40 bpm. Based on this, the Timmonsville Rescue hypothesized that Decedent Green had

ingested something. Timmonsville Rescue noted that drugs were found in Decedent’s vehicle and

that he appeared to have a “white powered” substance in his mouth. The drugs found in Decedent

Green’s vehicle was marijuana, which is not a “white powered" substance.

15. At no time did Officer Locklear inform Timmonsville Rescue that Decedent Green

was tased on the left side of his head.

16. Having not been told that Decedent Green was tased in the head, Timmonsville

Rescue also did not inform medical personnel at McLeod Regional Medical Center that Decedent

Green was tased in the head.

17. McLeod Regional Medical Center notes further indicate that Decedent Green “was

seen putting and unknown substance in his mouth and swallowing” even though that was not

information indicated at the scene. Additional notes from McLeod Regional Medical Center noted

that, per EMS, “there was a report that patient took an unknown pill just prior to his altercation

with police.”

18. McLeod Regional Medical Center notes further indicate that EMS told it that

Decedent Green was a known drug dealer of cocaine, crack, and heroin, notwithstanding this

information was not provided to EMS.

19. Decedent Green’s labs indicated multiorgan failure due to cardiac

arrest/cardiogenic shock.

20. Decedent Green’s lab results indicated that he was negative for amphetamine,
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barbiturates, benzodiazepines, cocaine, opiates, phencyclidine, methamphetamine, tricyclic

antidepressant, methadone, oxycodone, propoxyphene, and buprenorphine. His urine was positive

for cannabinoid.

21. Decedent Green expired on April 10, 2021.

22. Officer Locklear stated that he activated his body camera, but that it was not

working and came off of his uniform during the interaction with Decedent Green.

FOR A FIRST CAUSE OF ACTION

AGAINST THE DEFENDANT
(Gross Negligence - Survival)

23. The Plaintiff reiterates each and every relevant allegation stated above as if repeated

verbatim herein.

24. At all times relevant to this complaint, Defendant Town had a duty to Decedent

Green to follow appropriate police standards and utilize a taser within the product’s guidelines and

avoid using the taser to Decedent Green’s head because of the risk of seizures and other

complications and to provide accurate information to EMS personnel attending to Decedent Green

after he was tased to the head by Officer Locklear.

25. As set forth above, the Defendant is liable to the Plaintiff individually, and on

behalf of Decedent Green, as a result of its negligence, gross negligence, recklessness, willfulness,

and wantonness in one or more of the following particulars:

(a) In tasing Decedent Green to the head;

(b) In failing to inform EMS that Decedent Green was tased to the head;

(c) In failing to indicate that Decedent Green was not observed putting anything

in his mouth;
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(d) In failing to properly train, monitor and supervise its personnel agents

and/or employees so as to ensure the safety of the any individuals who have

a taser employed against him or her;

(e) In failing to follow and adhere to the policies and protocols of the

Timmonsville Police Department;

26. As a direct result of the Defendant’s reckless, willful and wanton, and grossly

negligent conduct (by and through the employees, agents, and/or servants of the Defendant),

Decedent Green was severely injured, suffered needlessly, and died. As such, the Plaintiff is

entitled to ACTUAL and CONSEQUENTIAL damages from the Defendant.

FOR A SECOND CAUSE OF ACTION

AGAINST THE DEFENDANT
(Wrongful Death)

24. The Plaintiff reiterates each and every relevant allegation stated above as if repeated

verbatim herein including specifically the acts of negligence and gross negligence enumerated in

Paragraph 25.

25. This action is brought for the wrongful death of the Estate of Charles Green,

pursuant to the provisions of § 15-51-10 et seq., Code of Laws of South Carolina (1976, as

amended), and is brought for the statutory heirs (the minor children) of Mr. Green, who was

pronounced dead on April 10, 2021.

26. Decedent Green’s death was caused and occasioned by the reckless, willful and

wanton, and grossly negligent conduct on behalf of the Defendant as set forth above.

27. As a direct and proximate result of the grossly negligent acts, omissions, willful

and wanton conduct of Defendant, Decedent Green’s statutory heirs have been damaged and

suffered as follows:

a. extreme mental shock and suffering;

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b. extreme wounded feelings;

c. tremendous grief and sorrow;

d. loss of friendship and companionship;

f. deprivation of the use and comfort of the deceased’s society, knowledge,

judgment and experience.

28. As a further result and because of Defendant’s reckless, willful and grossly

negligent conduct which ultimately caused the wrongful death of Decedent Green, his statutory

heirs are entitled to ACTUAL and CONSEQUENTIAL DAMAGES in an amount to be

determined by a jury in accordance with the law and evidence in this case.

DEMAND FOR JURY TRIAL

WHEREFORE, the Plaintiff hereby requests a trial by jury on all of the issues that have

been or may hereafter be raised in any of the pleadings. Plaintiff further seeks judgment against

Defendant Town of Timmonsville for:

1. Actual and consequential damages as to each independent cause of action; and

2. Such other and further relief as this Court deems just and proper.

Respectfully Submitted,

s/ Mario A. Pacella
Mario A. Pacella, SC Bar #68488
mpacella@stromlaw.com
Bakari Sellers, SC Bar #79714
bsellers@stromlaw.com
Strom Law Firm
6923 N. Trenholm Rd., Suite 200
Columbia, SC 29206
Office: (803) 252-4800
Facsimile: (803) 252-4801

Attorneys for the Plaintiff

April 19, 2022
Columbia, South Carolina