State v. Williams

STILWELL, J.:

Kelvin Williams appeals the trial court’s refusal to charge that an individual lawfully being placed under arrest has the right to defend himself against the use of excessive force by the police officer. We reverse and remand.

FACTS

Williams was tried and convicted of resisting arrest and assaulting a law enforcement officer. The circumstances of this case arise from Deputy Warren Gadson’s attempt to serve a family court bench warrant on Williams at his residence. The facts of the resulting encounter are thereafter in dispute.

Gadson, of the Richland County Sheriffs Office,…