ROCK HILL, S.C. The city has refused a newspaper's request for the disciplinary records of a police officer who used a stun gun on a 75-year-old woman visiting a retirement home.
City Manager Carey Smith told The (Rock Hill) Herald on Dec. 28 that releasing the records of Officer Hattie Macon would be "an unreasonable invasion of personal privacy." The newspaper had requested the records under the state's Freedom of Information Act.
"In this matter, no complaint has been filed against Officer Macon," Smith wrote in a letter to the paper. "Nor has any charge of illegal or unethical conduct been filed against her. For these reasons, we do not believe the records requested are subject to disclosure."
On Oct. 15, Macon used a Taser to subdue Margaret Kimbrell during an incident at a Rock Hill retirement home, where Kimbrell had gone to visit an ailing friend.
According to the police report, Kimbrell refused several orders to leave the building, then jerked her arms away as Macon tried to escort her out and later swung her arm at Macon's face. That's when Macon used the Taser.
After an internal investigation, Police Chief John Gregory said Macon should have used a different restraint method first before resorting to the 50,000-volt Taser device. Macon remains on the force.
Kimbrell, who was charged with trespassing and resisting arrest in the incident, will plead not guilty on both counts and may file a lawsuit against the police department, her lawyer has said.
Herald Editor Terry Plumb said Gregory had said he would not oppose releasing the records. Plumb said he was disappointed with the city's decision.
The city said its decision was based on advice from its attorneys.
"We feel that there are rights that the employee has that we have a responsibility to protect," Smith said. "But we also recognize that there's a belief on the part of the newspaper that the information should be released."