‘I’m Gonna Hurt You!’: North Carolina Trooper Punches, Drags Disabled Man After Seizure-Induced Crash and the Disturbing Accusation That Followed Led to a Lawsuit
Infuriated that a man suffering an epileptic seizure was not complying with his orders as he convulsed in the driver’s seat of his car, a North Carolina state trooper punched the man in the face and dragged him by his ankles across rocks and gravel before handcuffing and arresting him on false charges. North Carolina Highway Patrol Sgt. Ashley Smith then transported Thomas Simmons to the hospital before filing charges of assault on a government official, reckless driving, resisting, delaying, and obstructing an officer against the 46-year-old Native American and former mental health specialist for the North Carolina Department of Adult Corrections. It took multiple court hearings over a span of nearly a year before the charges against Simmons were dismissed. A North Carolina man who was beaten and arrested by a state trooper after suffering an epileptic seizure has filed a lawsuit (Photos: Body and dash camera) On Tuesday, Sept. 23, Simmons filed a lawsuit against Smith, accusing the cop of violating his Fourth Amendment rights through excessive force, unreasonable seizure, lying about his probable cause claim to arrest Simmons, as well as battery and violating the Americans with Disabilities Act, which is meant to protect people with disabilities instead of abusing and arresting them on false charges. The incident is the latest case to show how American law enforcement officers are either clueless or careless when it comes to dealing with people suffering health-related issues, criminalizing them instead of helping them. ‘Doesn’t Pass the Smell Test’: California Family Suspects Coverup After Police Cadet Dies from Fatal Head Blow In June, North Carolina cops from the Spruce Pine Police Department were sued after they were caught on video beating, punching and tasering a man suffering a diabetic episode in a Walmart parking lot. And in February, a California man filed another lawsuit after he crashed his car and lost consciousness after suffering an epileptic seizure, only for body camera video to show the cop repeatedly punching him for not complying fast enough to step out of the car. The latest incident was also captured on various police dash and body cameras, but North Carolina law forbids the release of these videos to the public. “The camera footage is not publicly available due to North Carolina law,” said attorney Jaelyn Denise Miller in a text message to Atlanta Black Star, who is representing Simmons on behalf of Emancipate NC, a North Carolina civil rights organization dedicated to criminal justice reform. “We cannot share it with the media per a court order.” Instead, the attorneys included screenshots from the videos in their lawsuit, which are posted above. ‘Subject’s Possibly Having a Seizure’ The incident took place on May 25, 2024, as Simmons was working as a driver for Walmart, making a delivery, when he suffered a seizure, losing consciousness and control of his vehicle, the claim states. The 2008 Mercury Sable he was driving was side-swiped by a Mercedes-Benz before crashing into a concrete pole, causing the pole to topple over. Willie Smith, the driver of the Mercedes that had been side-swept, told Trooper Smith (no relation) that Simmons appeared to have suffered a seizure. Trooper Smith ordered him out of the car, but when Simmons would not comply, he busted out the passenger-side window with his baton. According to the 34-page lawsuit obtained by Atlanta Black Star: Sgt. Smith’s patrol car was equipped with a dash camera, and Greenville police officers present were wearing body cameras. These cameras recorded the scene from multiple angles. As he approached the scene of the wreck, Sgt. Smith made statements indicating he understood Plaintiff was suffering from a seizure. He told dispatch, “Notify Greenville PD, I believe somebody advised that the subject’s possibly having a seizure. They’ve hit a light pole, and the pole is down in the road.” Shortly after he stepped out of his vehicle, a bystander stated to him, “He’s seizing,” to which Smith replied, “He’s seizing.” In an application for a search warrant for Mr. Simmons’ hospital records that Sgt. Smith prepared on June 24, 2024, Smith wrote that when he first encountered Plaintiff, he “was slumped over and appeared to be suffering from what I originally thought was a seizure or medical condition based on what witnesses on scene were telling me and what I was observing from him.” But after punching and dragging Simmons on the ground, leaving the man bleeding from multiple places on his body, Smith tried to justify his actions by telling the Greenville cops arriving on the scene that Simmons was “on meth” – without a shred of evidence. “Despite not observing any narcotics in the vehicle, Defendant Smith then backed out of the vehicle and stated to onlookers, ‘Looks like a drug problem. Y’all step on back,” the claim states. Smith also claimed he punched Simmons for his safety. “Defendant later wrote that he punched Plaintiff in order to facilitate first responders’ ability to ‘render aid’ to him,” the claim states. ‘I’m Gonna Hurt You’ The lawsuit states that as recently as 2022, Simmons worked for the North Carolina Department of Adult Corrections as a Correctional Behavioral Specialist II, which is described as a mental health specialist. But he also suffered from Crohn’s disease, which led to multiple absences, and he suffered his first seizure in September 2021 while working alone with maximum-security prisoners, which resulted in the department placing him on long-term disability. He suffered another seizure on Thanksgiving Day in 2021, which led to his doctor advising him against driving. But he did not suffer any more seizures in the following two years, so after consulting with doctors, he was advised he could start driving again. He began working part-time as a driver for Walmart, which offered him flexibility because he was still suffering from an acute diagnosis of Crohn’s disease, making his days unpredictable. After crashing into the pole, the pole came falling down, blocking the driver’s side door, making it difficult for him to step out of the car, the claim states. With the door partially open, Plaintiff woozily rose to his feet, continuing to moan loudly, and prompting Defendant to say to Plaintiff, “Don’t get out. Hey, I’m gonna hurt you, man.” When Plaintiff did not respond to Defendant’s commands, Defendant Smith grabbed him forcefully and began to push him against the back, driver’s side door of the car. As the men stood next to Plaintiff’s driver’s side door, Defendant grabbed Plaintiff’s hands, prompting Plaintiff—involuntarily—to pull them away from Defendant. Defendant again stated, “I’m gonna hurt you, man.” One second later, he delivered a forceful, closed fist strike directly to Plaintiff’s face. After transporting Simmons to the hospital, the trooper continued to accuse him of being high on methamphetamine, but Simmons told him he had suffered an epileptic seizure. Despite his accusations, Smith did not charge Simmons with any drug-related offenses, falsely accusing him of assaulting a police officer, which is a common charge cops use against those they abuse in order to justify the abuse. “In the months following the incident, Plaintiff was diagnosed with Post Traumatic Stress Disorder, Anxiety, and Depression,” the claim states. “He continues to seek medical services in relation to his encounter with Defendant.”
