Federal District Court Judge Steve C. Jones today sentenced
Trevor King, 50, a former sergeant with the Atlanta Police Department to five
years in prison for using excessive force when he arrested a Walmart shopper
who the officer wrongfully suspected of shoplifting a tomato and for writing a
false report about the incident in an effort to cover up his crime. King was
convicted on Dec. 8, 2017, following a jury trial. Acting Assistant Attorney
General John Gore, U.S. Attorney Byung J. “BJay” Pak, and David J. LeValley,
Special Agent in Charge of FBI Atlanta made the announcement.
“The defendant abused his authority as a police sergeant
when he used a baton to brutally assault an innocent man and wrote a false
report to cover up his crime,” said Acting Assistant Attorney General John Gore
for the Civil Rights Division. “This sentence reflects the Department’s
commitment to prosecuting official misconduct cases and sends a strong message
that any abuse of power will not be tolerated.”
“King was punished today for willfully violating the
Constitution by misusing his power to violently assault and injure an innocent
man,” said U. S. Attorney Byung J. “BJay” Pak. “To make matters worse, he wrote
a false incident report in an attempt to make the victim sound like the
aggressor. King’s egregious misconduct
is an affront to law enforcement officers who serve honorably and uphold their
oath of office with integrity.”
“It is our duty in the FBI to uphold our Constitution and
laws, which prohibit law enforcement officers from willfully using excessive
force against non-resistant subjects,” said David J. LeValley, Special Agent in
Charge of FBI Atlanta. “Sgt. King should have respected his authority, like the
vast majority of his fellow law enforcement officers who serve and protect.”
According to evidence presented during King’s trial, on the
evening of Oct. 13, 2014, the victim, Tyrone Carnegay, was grocery shopping at
a downtown Atlanta Walmart store. After purchasing groceries, Carnegay returned
to the produce aisle to weigh a tomato for which he believed he had been
overcharged. Former Sergeant King saw Carnegay on the store’s security monitor
weighing the tomato, and then walking out of the store after placing the tomato
back into a bag. Suspecting that
Carnegay was stealing the tomato, King withdrew his asp baton and stopped
Carnegay at the store’s exit door. Within seconds of the stop, King began to
strike Carnegay on his legs with the metal baton. After several blows, Carnegay
fell to the floor. As he lay on the floor, King delivered a final baton strike,
causing a compound fracture to Carnegay’s leg. After the assault, King found a
receipt in Carnegay’s pocket for the groceries he had purchased, including the
tomato.
King charged Carnegay with misdemeanor offenses for
allegedly assaulting and obstructing a police officer, and authored a false
police report justifying the beating. In
that report, King claimed that Carnegay had attempted to push past King and had
reached for King’s gun belt before King delivered any baton strikes.
Following surgery for his broken leg, Carnegay was
transported from the hospital to Fulton County Jail, where he was held for
several days before being released. The
Fulton County District Attorney’s Office later dismissed the charges against
him.
When King is released from prison, he will be under federal
supervision for three years.
This case was investigated by the Atlanta Division of the
Federal Bureau of Investigation, and was prosecuted by Assistant United States
Attorney Brent Alan Gray and Trial Attorney Sanjay Patel of the Civil Rights
Division.
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