HANAHAN — City Councilman Kevin Cox is accused of assaulting a teenager May 19 during a street-side basketball game near the councilman's home in Eagle Landing.

Cox isn't charged in the incident. The case was referred to the State Law Enforcement Division on Wednesday, said Police Chief Don Wilcox.

Cox, 43, said he played a "pretty physical" game with the 14-year-old youth but that there was no assault. Witnesses in a police report said Cox smelled of alcohol and made racial comments during the game.

"There were no racial comments," said Cox's attorney, Lionel Lofton. "Kevin had had part of a drink. He was not intoxicated."

The 6 p.m. incident started with several youths throwing water balloons and a basketball at each other. The ball went through the windshield of Cox's golf cart, the report states.

Cox said he wasn't upset about damage to the golf cart because the cart cost him only about $100. He then joined the youths' basketball game, he said.

The game became physical, and a woman at one point told Cox that he was too rough and needed to go home, a police officer wrote in the report. At one point Cox grabbed the 14-year-old in a choke hold and pushed him to the ground, witnesses told the officer.

"There was no choking. There was no throwing," Cox said. "I don't know where they got that from."

Witnesses told police racial comments Cox made included a reference to playing "black ball," and that he told the teen he needed to "check his green card," according to the report.

The reporting officer wrote that the teens complained of Cox being drunk. The officer said he smelled alcohol on Cox but that he didn't appear to be intoxicated, the report states.