The Augusta Press has filed a lawsuit against Richmond County Sheriff Richard Roundtree over the release of bodycam footage from the arrest of an off-duty Burke County deputy during a March 25 event at the Augusta Common.
According to reports, Burke Sgt. Allen Crispin was off-duty with family members at the Spring Latin Food Fest when they overheard a baby crying. Crispin said he saw an adult male slap the infant’s face and attempted to report the abuse to an on-duty deputy, Richmond Sgt. Ty Hester.
Crispin and Hester got in a verbal altercation during which Hester said Crispin was using derogatory language in front of families. When Crispin refused to leave, he was arrested for disorderly conduct.
The Augusta Press requested body cam video from the incident, but the sheriff’s office has said the video was exempt from disclosure “due to pending prosecution.”
The Augusta Press disagreed and sought the video in a letter from attorney David Hudson, but the sheriff’s office has refused to release it. An attorney for Roundtree further stated the sheriff had the video in his possession and would not release it. So, the Augusta Press filed a lawsuit under its corporate title, Augusta Journalism LLC.
Law enforcement video is not exempt from disclosure in most cases, including this one, Hudson wrote.
“The only circumstance under which law enforcement video camera footage can be withheld is stated in O.C.G.A. 50-28-72(26.2), ‘where there is a reasonable expectation of privacy,’” the complaint states. Since the incident between Crispin and Hester took place in the open, there was no expectation of privacy.
In addition, the video must be produced as part of the initial incident or arrest document, which is not exempt from disclosure, it said.
The Augusta Press asked the court to order Roundtree to release the video, as well as pay a $1,000 civil penalty for withholding it. The suit also seeks attorneys’ fees.
The sheriff has filed no response to the lawsuit, which was filed in Richmond County Superior Court last week.