Video shows Bibb County deputy hit woman in case that led to excessive force lawsuit
A Bibb County deputy appears to have put his hand on a woman’s neck and slammed her to the ground during a DUI arrest that prompted an excessive force lawsuit earlier this year, according to body camera footage obtained by The Telegraph through open records law.
The footage, taken from deputy Frederick Gray’s body-worn camera, shows Jozzi Rainey, who filed the excessive force lawsuit, being arrested after a two-car wreck on the southbound side of Interstate 75. Gray and Sgt. John Ahlvin allegedly determined Rainey was under the influence and detained her.
The incident happened in June 2022, and Rainey filed the lawsuit in May this year.
How the assault unfolded
The video, which features violence and explicit language, shows Rainey, a Black woman, made racial remarks toward Gray, a Black deputy. In Rainey’s lawsuit, her lawyer said that aside from those insults, Rainey “posed no threat.”
In the video, Gray can be heard ordering Rainey to sit inside a patrol car. She responds, “For what? I didn’t do nothing.”
Rainey attempts to walk away from Gray but he grabs her arm. After Rainey makes more racial remarks, Gray briefly puts his hand on her throat, the video shows. She attempted to remove his hand from her throat, but the deputy responded by hitting her and pulling her to the ground by her hair.
Rainey was carried to the patrol car alongside another officer, and the video shows her face bloodied.
“As a result of (Gray’s) unlawful conduct, Plaintiff sustained significant physical injuries, and the traumatic abuse of being punched in the face, causing Plaintiff’s head to bounce of the asphalt, has caused significant mental and emotional shock, humiliation, distress and trauma, as well as ongoing psychological and emotional injuries which Plaintiff still experiences today,” her lawsuit states.
She also chipped her tooth, the lawsuit alleges. Ahlvin never reprimanded him for his actions, and neither did Sheriff David Davis, according to the lawsuit.
Body camera video also captures statements given to Gray by a couple who were in the other car in the crash. The driver of the other car said she was trying to merge onto an exit when Rainey stopped in the middle of two lanes. The cars spun. Rainey stepped out of the car to apologize for the accident and allegedly said she didn’t have her glasses on and she couldn’t see, according to the footage.
The driver of the other car also said Rainey made an obscene remark to her after the crash, according to the video.
Rainey’s attorney, Samuel Alderman III, said Rainey was charged with DUI but that offense was reduced to reckless driving. She pleaded guilty to that lesser charge.
“We believe that the video speaks for itself and documents the unacceptable, unprofessional and horrific conduct by the deputy,” said Alderman.
Sheriff’s office responds
When asked about what happened on video, sheriff’s office Sgt. Christopher Williams said Gray was “well within his right to defend himself and perform his lawful duty.” He said Rainey was acting aggressively toward the deputy, which “could lead any person or officer to believe that a threat is imminent.”
Rainey using racially insensitive language toward the deputy was not something law enforcement is used to, according to officials, but it did not bother the deputy.
Williams maintained that Gray didn’t choke Rainey despite his hand being visible on her neck in the video.
“Deputy Gray did not choke Rainey,” Williams said. “His hand was placed at her neck. There was no attempt to choke Rainey, who does not wince or gasp, but continues to pose a threat.”
Williams also said that Gray hitting Rainey was a way to maintain distance between himself and the aggressor. Williams said the potentially dangerous situation was deescalated by the deputy after he hit her and Rainey was apprehended, according to Williams.
The county attorney didn’t respond to request for further comment regarding what the video depicted.
Davis, Gray and Ahlvin respond to lawsuit
Davis, Gray and Ahlvin have all filed legal responses to the lawsuit. Each defendant argues they have qualified immunity as government employees and the case should be dismissed. They also argue any injuries Rainey received during the altercation were a result of her “own negligence and failure to exercise ordinary care.”
The sheriff requested to be removed from the lawsuit, as he believes his only alleged offense of not reprimanding Gray after the incident and his alleged history of violence is not specified.
“Simply stating that somebody has a propensity to engage in some conduct without alleging that the employer knows or should have known about this conduct is insufficient to state a negligent retention claim,” said Davis’ lawyer in a request for dismissal.
Gray’s lawyer said in response to the lawsuit that he assumed there was a risk based on Rainey’s actions the day of the incident. He also denied that he acted maliciously toward her, according to his response to the lawsuit.
Gray also said Ahlvin “was not in the immediate area when the altercation occurred.” His response states that he was not involved until Rainey was already on the ground.
The three defendants would agree to a jury trial if the case isn’t dismissed, court records show.