Lawsuit response: Rock Hill police not at fault for Charlotte man’s death after 2020 arrest
City of Rock Hill lawyers and York County prosecutors say police did nothing wrong in connection with the death of Cedarian Crow, according to court documents.
Crow, of Charlotte, died on Feb. 29, 2020 at Piedmont Medical Center in Rock Hill after being in police custody.
The family of Crow filed a civil lawsuit in York County civil court in late 2021 that alleges negligence and wrongful death, and names the city of Rock Hill and the police department as the defendants.
The lawsuit remains pending in South Carolina civil court in York County. The two sides now must appear before an alternate resolution dispute mediator before any further court action takes place, court records show.
Crow, who was 36 at the time, died after a domestic violence incident, documents obtained by The Herald state.
Lawyers for Crow’s family allege police used excessive force when they took Crow in custody at apartments on Cypress Point Drive. The lawyers said in the lawsuit that the Rock Hill Police Department failed to realize Crow was overdosing on drugs or alcohol, and did not give Crow NARCAN, a drug carried by police to help with overdose treatment.
“The police officers on the scene utilized excessive force as they violently forced the decedent’s head and body onto the concrete sidewalk (after handcuffs were applied), causing numerous traumatic injuries and excessive bleeding,” the lawsuit states.
The lawsuit claims police should have taken him directly to the hospital instead of first taking him to the police department.
The lawsuit asks for actual and punitive damages.
Crow was African-American.
A week after he died, relatives, friends, clergy, and civil rights activists said at a news conference at Rock Hill City Hall that the family deserved answers.
City and prosecutor says police acted properly
Lawyers for the city of Rock Hill filed a response to the lawsuit in February. In that response, they denied any wrongdoing on the part of the city or police. The city’s lawyers said Crow appeared to be under the influence at the time and was combative in the police car after he was arrested.
A seatbelt could not be fastened on Crow inside the vehicle because of his combativeness, Rock Hill’s lawyers said in court documents.
Because the death happened after Crow was in police custody, Rock Hill police asked South Carolina’s Law Enforcement Division to do an independent investigation. SLED investigated in 2020 and sent a report to York County prosecutors.
Sixteenth Circuit Solicitor Kevin Brackett, York County’s top prosecutor, determined after the SLED investigation that no criminal charges would be filed, according to a letter Brackett sent to SLED. That letter was obtained Friday by The Herald.
“The Rock Hill officers who responded to this dangerous call acted appropriately and performed their duties well,” the prosecutor’s letter stated. “They in no way caused Mr. Crow’s unfortunate demise.”
The letter said the investigation showed multiple police body cameras were on during the entire arrest and showed no excessive force.
The letter stated Crow purposefully and repeatedly refused to obey officer commands, and acted irrationally. Crow threw items at officers during the incident, the letter stated.
“On multiple occasions, Mr. Crow appeared to hallucinate,” the letter stated.
Crow died from acute cocaine toxicity and had significant cardiovascular problems and obesity, the letter stated. The letter also stated that a pathologist who did the autopsy was of the opinion the death would best be ruled an accident.
Drive to police station
It took eight minutes to drive from the scene of the arrest to the police department, according to the prosecutor’s letter. In the first six minutes, Crow banged his head against the police car window, and yelled and kicked the police car door and window, according to the letter.
In the last two minutes of the ride to the police department, Crow became unresponsive and slid to the floorboard of the police vehicle, the letter stated. EMS arrived at the police department and took over treatment.
Crow later died at the hospital.
The lawsuit says the officers rendered medical aid to Crow while waiting for emergency responders to arrive at the police department.
This story was originally published March 7, 2022 at 9:00 AM.