Case dismissed against ex-Anderson cop accused of butt grab; other defendants still talking

Nikie Mayo | Anderson Independent Mail

A judge dismissed a lawsuit Monday against Lawyer Scott, a former Anderson police officer accused of grabbing a woman's buttocks while he was on duty at the city's recreation center in 2015.

Judge Cordell Maddox said the evidence in Alinda Winn's case against Scott was "at best, ambiguous."

Maddox said he expected that a video of the alleged incident, taken from security cameras at the Anderson Recreation Center, would have provided more clarity about exactly what happened. But he said the angle of the video was poor. That, coupled with the fact that there were no corroborating witnesses to the alleged bottom grabbing, led him to dismiss Scott from the case.

Maddox said he did not want his ruling to be interpreted in such a way that people would think that he didn't believe Winn or that he didn't believe Scott.

"I'm not making any type of moral judgment as to what happened," he said. "It's purely a legal judgment."

Maddox's ruling came after several discussions with lawyers in his chambers, outside the courtroom, and after he had dismissed for the day a jury that was selected Monday morning.

Winn's lawyer, Christopher Pracht, was still negotiating with attorneys representing the interests of the city and the Anderson Police Department as of late Monday. Court officials said it will likely be Tuesday morning before it is known whether the case will go forward with the city or its police department named as a defendant. Originally, Scott, the city and the police department were all named as defendants in the case.

Winn, a teacher, said in a statement to the South Carolina Law Enforcement Division that Scott grabbed her buttocks March 16, 2015, while he was providing security at the city's recreation center.

Winn was with her cousin, and talked to her about reporting Scott to the police department. Her cousin, an employee of the Anderson County Sheriff's Office, talked to Winn about the possibility that Scott could lose his job. Winn told SLED that she decided to call Scott's stepmother and tell her what happened, and the stepmother told Winn she would have Scott's father talk to him.

Two days after the alleged grabbing, Scott made an offensive gesture toward Winn with his tongue while in the presence of her son, according to SLED records.

She decided to report what happened to the police department, and officials there and at SLED found her allegations credible, according to records from both agencies.

He was fired from the Anderson Police Department on April 27, 2015. Three days later, April 30, 2015, Scott was criminally charged with misconduct in office and second-degree assault and battery. Records show the misconduct charge against Scott was dropped on June 30, 2016. That same day he pleaded guilty to public disorderly conduct and paid a $262 fine.

Scott's lawyer, William Norman Epps III, argued Monday that Scott was not acting "under the color of law" within his official duties as an Anderson police officer when he encountered Winn. Epps said that Winn and Scott had known each other for decades and that whatever happened between them that day, Scott was engaged in "purely private conduct."

The lawsuit's day in court came at a turbulent time for the Anderson Police Department.

Between Aug. 7 and Aug. 13, four police officers left the agency because of firings and resignations that came during two separate internal-affairs investigations over misconduct. One of those officers, Chris Aman, got his job back late Friday after new information came to light, city officials said, but declined to disclose the nature of the information.

More: Anderson Police Department settles 3 of 5 officer conduct lawsuits for $130,000

Scott, 45, was featured in Independent Mail series in February. An Independent Mail investigation found that in a span of 14 months, five lawsuits about officer conduct were filed against the city and the police department, including the suit involving Scott. The city has settled most of those lawsuits without a public vote, spending $130,000.

More: Police officer conduct questioned in five Anderson lawsuits

Last Tuesday, James Jolly, a lawyer for the city of Anderson, filed a motion asking the judge not to allow Winn to "offer testimony, evidence, or argument regarding" Scott's termination from the Anderson County Sheriff's Office. According to Jolly's motion, Scott was terminated from the agency in 2008 "based on allegations that he and another officer had falsified time sheets/traded pay checks while working an off-duty security position." Criminal charges against Scott were dropped, according to Jolly's motion.

Jolly argues in the motion that Scott's termination from the Sheriff's Office was not relevant to the city's case, and would unfairly prejudice the jury against him.

Maddox ruled Monday afternoon that information about Scott's 2008 termination from the Sheriff's Office must not be included in this week's court proceedings. Maddox said the likelihood that the information would prejudice the jury against Scott is greater than the likelihood that the information would be important to the civil case.

Follow Nikie Mayo on Twitter @NikieMayo and email her tips at mayon@independentmail.com.