A local resident is claiming three Winnsboro Police Department (WPD) officers used excessive force during an Oct. 15, 2021 confrontation near Town Square Apartments.
The civil suit filed Oct. 14, 2022 in U.S. Western District Court on behalf of Jonathan Burge involved an incident with WPD officers Jaquez “Trey” Blakely, Jamarsa Hill and Jerry Davis. The suit also listed City of Winnsboro.
At approximately 6:35 p.m. on Oct. 15, Blakely and Hill were dispatched to the apartments for a possible overdose, according to WPD’s offense report. Upon arrival, a relative informed officers Burge “purposely” took too much of his seizure medication and left the apartment.
After searching for Burge a short time, Blakely found him, “sitting on the ground west side of the apartment complex,” according to WPD’s offense report. Initially, Hill stayed with the relative.
Burge informed Blakely during their conversation that he took multiple pills and “wanted to be left alone,” according to WPD’s offense report. While speaking to Burge, Davis arrived at the scene.
But, according to court documents, Burge advised Blakely, Hill and Davis he “was feeling better and did not want to go to the hospital.” He also told the officers he was employed by Franklin Medical Center and was embarrassed.
Blakely continued to advise Burge the officers could not leave him at the scene because he was trying to harm himself. According to Blakely’s report, an angry Burge stood to his feet, said he was not going anywhere and took an “aggressive fighting stance toward officers.”
Court documents claimed Burge did not have a weapon or threaten to harm anyone.
Blakely’s offense report tells of a different incident. It stated Burge began turning toward officers with both fists raised while Davis advised him “multiple times to step onto the ambulance.”
Hill grabbed Burge’s left arm while Blakely attempted to grab his right arm, but Burge pulled away, according to the offense report. During the struggle, Blakely said he warned Burge multiple times if he did not stop resisting he would be tased.
Burge was “dry stunned” by Blakely in the stomach area.
“Dry stun” is a painful current stopping suspects abruptly and drops them immediately to the ground. The taser can also be deployed by holding it directly against the suspect's body. This is called “drive stun” or “dry tasering” and is intended to cause pain without incapacitating the target.
“Had Blakely used the taser in prong mode, it would have incapacitated Burge without causing permanent injury and would have permitted any opportunity for Burge to be safely handcuffed,” according to court documents. “Using the taser against Burge in drive stun mode, however, while Burge was suffering from a medical emergency and apparent diminished mental capacity, expectedly caused Burge to needlessly suffer pain and confusion, while not being rendered temporarily incapacitated for the purpose of handcuffing.”
Court documents went on to say Blakely struck Burge in the head and face multiple times with the taser’s butt while Hill and Davis restrained him.
Burge, according to the offense report, reached toward Blakely’s duty belt and leg after he was tased.
“I then struck Jonathan multiple times in the head area with the handle of my taser (only free hand) while verbally advising him to stop resisting,” Blakely wrote in the offense report. “Sgt. Davis and Ofc. Hill were then able to gain control of Jonathan’s arms and restrain him.”
Both Hill and Davis had an “appreciable opportunity” to stop Blakely from dry stunning him and striking his head multiple times but failed to do so, according to court documents.
Burge was eventually handcuffed and transported by ambulance to Franklin Medical Center.
Court documents claimed Burge suffered physical and emotional injury, a nasal bone fracture, lacerations to his face and scalp which required four separate sets of sutures.
Additionally, Winnsboro failed “to maintain policies, practices and training that met the minimum standards in the industry with respect to de-escalation, taser use, impact weapons and physical strikes to the head,” according to court documents.
The suit also alleges Davis failed to supervise Blakley and Hill and asks for compensation due to the incident’s damages for Burge.
Blakely, Hill and Davis remain employed full-time with WPD.
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