Court date set for Five Points arrest case
Thu, 01 Apr 2010 11:55:53 GMT —
Myrtle Beach attorney Jonny McCoy appeared before the Richland County Municipal Court on Thursday to face criminal charges of interfering with an arrest outside a Five Points bar last October.
The city of Columbia plans to proceed with the jury trial and not drop the charges against the 26-year-old.
McCoy's was represented by Robert Goings and Joel Collins Jr. of Collins and Lacy Law Firm.
During the preliminary hearing, McCoy's attorneys made a motion to dismiss the charges on the basis that the arrest lacked probable cause and the ordinance violates a person's constitutional rights.
Collins asked that the city provide the personnel files of the three arresting officers, Amanda Long, John Passmore and James Heywood. He also asked that the findings from the recent internal affairs investigation be disclosed.
"What we want to see are reports in their personnel files that would show a pattern of abusive behavior," Collins says.
City of Columbia attorney Constance Holloway, said the information found in the personnel files is irrelevant to the case.
Judge Bogan ruled that the city must provide those documents, but granted the city a protective order in regards to certain personal information like health records and other confidential information.
The jury trial is scheduled for May 24.
McCoy denies the allegations and says the incident report filed by officers is false.
The surveillance video seen First On Fox shows an inconsistency between the police report and McCoy's account of the incident.
According to Long, Passmore and Heywood, McCoy "grabbed the officer" and "got in their faces".
McCoy claims he was "simply asking why his friend was being arrested."
A federal lawsuit has also been filed on the grounds that the ordinance is too vague and violates constitutional rights.
"This ordinance needs to be taken off the books completely," said Goings.
The city of Columbia has asked that the federal suit be stayed pending the outcome of the criminal case.
WACH FOX News continues to follow this story and will bring you the very latest as soon as it becomes available.