An innocent man was minding his own business one day in 2014, walking out of an Atlanta Wal-Mart with a tomato he'd just bought. An off-duty Atlanta police officer who moonlit doing security at Wal-Mart on the side accused the man of stealing the tomato on his way out of the store, and beats the man so severely that he breaks his leg and severs his artery. More than $75,000 in medical expenses later, the victim now walks with a titanium rod in his leg, with a limp.
That's the story Tyrone Carnegay and his lawyers outline in a lawsuit filed today against Wal-Mart, against the store manager on duty that day, and against the police officer, Trevor King. The lawsuit says King never asked Carnegay to show his receipt.
When Carnegay was on the ground, beaten and handcuffed, the officer reached into his pocket and found his receipt, which Carnegay says proved he paid for the tomato.
"He found the receipt and money, and stood there like he hadn't done nothing," Carnegay said.
After he was handcuffed to his hospital bed with a broken leg and severed artery, Tyrone Carnegay told Channel 2's Craig Lucie he spent three days in jail and the charges were dropped.
In security video the officer is seen confronting Carnegay as he is walking out of the store. The officer is then seen suddenly pulling out his baton and then beating Carnegay for stealing a tomato, which he said he paid for.
"He's giving me a verbal command. As he's grabbing me, he's beating me at the same time. 'Get on ground.' Beating me at the same time," Carnegay said as he watched the surveillance video. "My leg started giving out," Carnegay said.
"Lawsuit: Man leaving Walmart beaten by off-duty officer over tomato" [WSB-TV Atlanta]
The incident took place in 2014. The lawsuit was announced today. A representative from Wal-Mart told local news the company had not been served the lawsuit, adding, "We take the matter seriously. We will review the allegations and respond appropriately with the court."
[More: NYDN]
