Skip navigation
× You have 2 more free articles available this month. Subscribe today.

Suspended South Carolina Sheriff Acquitted of Using Excessive Force on Jail Detainee

Former Sheriff Charles Lemon of South Carolina’s Marlboro County was acquitted by a federal jury on August 19, 2024, of violating the civil rights of a detainee whose brutal assault was caught on video at the county jail in May 2020. The jury agreed with Lemon that the force used on Jarrel Johnson was not excessive. Hours later, Gov. Henry McMaster (R) reinstated Lemon, though it was unclear if he might return to the Sheriff’s office.

As PLN reported, Lemon was indicted for assault in state court after instructing Dep. David A. Cook to repeatedly fires a Taser at Johnson after his arrest on May 3, 2020. Johnson, who allegedly hit his father with a baseball bat outside the church where the older man had just finished conducting Sunday morning services, identified himself to deputies as “Agent Orange” when he was taken into custody. Surveillance video recorded Lemon as he instructed Cook to uncuff Johnson and then, when the detainee lunged at him, to Taser him several times. As Cook’s violent assault continued, Lemon looked on and shouted, “There you go, Agent Orange!” He was removed from office after his state court indictment. But the case languished several years and was eventually dropped when the federal Department of Justice secured its own indictment against both the Sheriff and Cook for excessive use of force in February 2024. [See: PLN, May 2024, p.43.]

Cook pleaded guilty and is awaiting sentencing. Lemon proceeded to trial in federal court for the District of South Carolina, where a jury credited his argument that Johnson was violent and the force used was necessary to subdue him. See: See: United States v. Lemon, USDC (D.S.C.), Case No. 4:24-cr-00068.

Though he has been reinstated by the governor, Lemon may not resume duty before the state Law Enforcement Training Council (LETC) agrees to lift its suspension of his law enforcement certification. That could happen at LETC’s September meeting. But it is too late for Lemon to qualify to run in the November 2024 election for Sheriff, in which Interim Sheriff Larry McNeil (D) will face Republican Charles English.   

 

Additional sources: Queen City News, The State, WBTW

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login