Lawyer: Man hit by accident
COLUMBIA — The attorney for a state trooper charged with violating a suspect's civil rights for running into him with his cruiser says it was an "unavoidable accident."
"It's tough on him and his family," defense attorney John O'Leary said Wednesday at a pre-trial hearing. "It's been devastating."
Lance Cpl. Steven C. Garren, who was indicted by a federal grand jury in June, faces a $250,000 fine and up to 10 years in prison for using his patrol car to strike a man fleeing on foot.
The incident, which was caught on Garren's dash- board camera, happened in June 2007 in Greenwood County.
Garren can be heard on tape telling other officers, "I was trying to hit him."
Chief U.S. District Judge David Norton set the trial for Sept. 30 in Greenville.
Garren is expected to testify.
He did not have any public comment as he left the courtroom.
Little was discussed during the hearing, which was held to help determine the existence of evidence.
O'Leary questioned several officials from Greenwood County Sheriff's Office to find out if any other dashboard video of the incident was recorded and obtain dispatch logs, communication between law enforcement and copies of the sheriff's policies on recordings.
O'Leary also requested new, clearer copies of documents and recordings.
Assistant U.S. Attorney Alston Badger repeatedly objected to O'Leary's line of questioning because he felt it was outside the parameters for the hearing.
The court was provided with the copies O'Leary requested but no other videos are expected to be available.
According to disciplinary records obtained by The Post and Courier earlier this year, Garren was chasing a red sports car for speeding when it turned off the highway and into a neighborhood.
Video recorded in Garren's cruiser shows a man jumping out of the red car and running down the road.
Next, he is hit by the cruiser and flips into tall weeds, where he got away.
Garren is suspended without pay, a ruling he is also appealing.
"So much politics are involved in this," O'Leary said. "Ittruly was an unavoidable accident."
Garren is one of two troopers charged with civil rights violations after a number of videos showing trooper misbehavior surfaced earlier this year and the Highway Patrol's parent agency, the Department of Public Safety, saw top-down shake-ups.
