FLORENCE, SC (WBTW) – The lawyer of a man in an alleged excessive force incident involving a Florence County Sheriff’s Office deputy has released a statement, saying the sheriff’s office didn’t gather all sides of the incident.

Chevron T. Scott, the lawyer for 34-year-old Tyler Fleming, of Marion, released the statement to News13 on Friday.

“It appears from Sheriff Boone’s press conference statement that his office looked at one video and did not interview any of the eyewitnesses (who appeared at the initial press conference with the National Action Network) in reaching his conclusion,” the statement said. “There is no true justice or accountability where you reach a conclusion without getting all accounts on a particular situation.”

The statement adds that the Attorney General’s Office will be asked to investigate to see if there will be any criminal charges.

“…However, there is a growing sentiment in the black community that police officers will stick together no matter what. Sheriff Boone’s conclusion and comments speak volumes to that sad perception so we are requesting that the Attorney General’s Office investigate this case to determine if criminal charges are appropriate.”

The full statement from Scott can be read here.

On Thursday, FCSO Sheriff Kenney Boone responded to the allegations of excessive force.

“We did nothing wrong,” Boone said.

The sheriff also said Fleming clearly resisted arrest and was not in need of any medical attention.

“The officers are shown on the video holding the suspect’s head and his face off of the pavement to prevent injury,” Boone added. “The suspect continued to verbally threaten to kill the officers as he was taken into custody.”

On Feb. 20, the National Action Network, headed by the Rev. Al Sharpton, asked for the resignation of the deputies.

Group leaders said they are prepared to launch a full investigation into the department, “looking at their racial profiling here in Florence County and their police brutality.”

The press conference was held after the Florence County Sheriff’s Office released a statement  regarding photos and videos showing an encounter between Tyler Fleming and a deputy.

“According to the Incident Report, the subject approached a deputy at the convenience store acting strangely and asking for a ride to Mullins, SC. When the deputy told the subject that she was unable to honor that request, the subject was not pleased, but walked away,” stated the release. “Shortly thereafter, a FCSO supervisor arrived and noticed the subject interact with a store customer, who looked at him as if he needed assistance as the subject walked back into the store. The supervisor approached the subject for a consensual encounter, at which time the subject repeated his request for a ride to Mullins, SC.”

The statement also addressed photos circulating on social media, saying, in part:

Certain photographs of this encounter taken by citizens have been circulated on social media. While the photographs we have seen so far are selective and limited in nature, they are concerning to us. Public confidence that we discharge our law enforcement duties in a fair and impartial manner is essential to our mission, and we are investigating to determine what happened in this case. Once the investigation is concluded, we will report our findings. While that investigation is going on however, we ask that the public reserve judgement until all of the facts are known.

Fleming gave this account of the incident at the press conference:

Fleming said he just got off a Greyhound bus on the way to his parents, whom he hasn’t seen in 10 years.

He said, “I thought it was good to ask the officer that was on duty for directions or a ride.”

But, he said, he sensed “…a demeanor or attitude. I had a feeling that something was going to occur so I told her never mind, I’d ask somebody else.”

Fleming said he walked back to the store and another officer approached him. He gave the officer his probation papers and the officer ran his name, Fleming added. “That’s when he immediately got aggressive for no reason.”

Fleming said the officer decided to put handcuffs on him. “When I ask why he was putting handcuffs on me, he gave no answer at first. He was getting angrier and angrier and angrier for no reason, getting aggressive, pulling on me, pulling on my clothing, taking my book bag off for no reason.

“I was very confused, didn’t know what was going on. Then he decided to choke me, he decided to grab me, put me on the car, slam me, he starts throwing my belongings everywhere. He decided to slam my face on the car.  And she was with him, laughing and giggling.

“I wasn’t being aggressive the whole time. I wasn’t resisting the whole time. I was very still and asking questions. He decided to choke me from behind when I was in handcuffs, he slammed me to the ground, he proceeded to still choke me. I said why are you choking me, and he said to me, ‘I’m not choking you’. He whispered things in my ear, he threatened me, he threatened my life.

“I was telling him my rights and he said, ‘forget your rights. I don’t care about your rights.’”

Fleming said the deputy continued to choke him while saying “I’m not choking you.”

“While the female cop was wiggling my arms to pretend like I was fighting, I wasn’t,” Fleming said.

Fleming said after being choked for a while, the only thing he could do was curse repeatedly to keep himself breathing.

A video of the encounter was shared with News13 by Rachel Buie. 

*WARNING: This video contains language that may be offensive to some.

The Florence County chapter of the NAACP also wants a full investigation into the incident. “South Carolina Law Enforcement Division[SLED] must be involved to expel any thought of prejudice of the local Sheriff’s internal investigation,” the chapter issued in a statement on Thursday.