SUMMERVILLE, SC (WCIV) — Two Summerville police officers involved in the controversial arrest of a 13-year-old boy selling palmetto roses outside a Walmart in April were cleared of any wrongdoing on Tuesday.
Ninth District Court District Attorney Scarlet Wilson issued a letter clearing the two officers, Sergeant Kathryn Kirkland and Corporal Dante Ghi, of any criminal wrongdoing related to the incident, according to a Summerville Police Department news release.
“I am proud of each and every member of their department for not allowing the incident to hinder their enforcement efforts,” Police Chief Douglas Wright said in a statement. “Our officers have continued to educate citizens and enforce our city ordinances and state laws on a daily basis.”
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The Summerville Police Department’s Office of Professional Standards initially investigated the incident internally and cleared the officers of any wrongdoing, police said.
Chief Wright then called on the South Carolina Department of Law Enforcement to review the officers’ actions and provide a “fair and impartial” final report.
On August 14, SLED completed its investigation and sent the results to Solicitor Wilson’s office for final review, where the final decision was made to clear the officers of any wrongdoing.
“The evidence is clear that the juvenile was loitering and selling palmetto roses without permission in violation of a Summerville City ordinance,” Wilson wrote in the release letter. “The officers had probable cause to arrest the juvenile for violating this municipal ordinance and the juvenile clearly resisted arrest.”
The letter continues: “The juvenile struck Officer Kirkland in the face during the arrest. The blow left a visible injury. The evidence does not show that the officer committed any crimes.”
Wilson left it to Summerville police to decide whether officers handled the incident appropriately, stating, “Whether the officer could have handled the situation better or differently is not a matter for SLED’s analysis or mine.”
The investigation stems from an incident on April 1 in which Ghi and Kirkland attempted to arrest the teenager outside the Walmart on North Main Street for selling palmetto roses.
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During the arrest, the teenager became aggressive, according to police. Police then pressed on the boy’s neck or shoulders and the public called for an investigation after videos of the incident went viral on social media.
The minor’s family hired Congressman Marvin Pendarvis as legal counsel. The South Carolina Supreme Court had revoked Pendarvis’s license to practice law in May due to an unrelated incident.
To protect his identity, the teenager’s name was never released.
The minor was initially charged with assault for allegedly punching Sergeant Kirkland in the eye. The charge was reduced to a violation of City Ordinance 16-01, which makes it unlawful to “resist, assault, or obstruct an officer or employee in the execution of his official duty.”
After investigating the officers’ actions during the arrest, Chief Wright thanked SLED, Wilson and her office for their “impartiality.”
He also thanked the public for their patience during the investigation.
“We appreciate the patience of the community of Summerville during this investigation,” the statement said. “This incident has allowed our agency to work proactively with the Palmetto Artisan Program Extension, with intensive conversations and understanding.”
News 4 had previously reported that Ghi’s police career was patchy.
He was fired from the Spartanburg County Sheriff’s Office in 2003 for “physical and psychological abuse of citizens and/or prisoners.”
A letter of recommendation from the sheriff’s office said Ghi could be considered “blunt” and others could view his behavior as rude.
But this comment came from someone who had only been working at Ghi for four months. No information was given about the reason for his dismissal.
He then joined the North Charleston Police Department, where he resigned in 2018 during an investigation into policy violations.
After clearing officers of any wrongdoing in the April arrest, Summerville police praised Kirkland and Ghi, saying they were “outstanding police officers who are dedicated and fully committed to the cause.”
