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Tuesday, Jun. 21, 2011

Horry County teen, his family sue Myrtle Beach, Horry County for false arrest

- troot@thesunnews.com
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An Horry County teen, his 4-year-old brother and their parents have sued Myrtle Beach and Horry County officials for a wrongful arrest of the teen late last year, according to court documents.

The lawsuit was filed June 11 by D’Mitry Delano Lawrence, his 4-year-old brother, Tristan Lawrence and their parents, Desmond Lawrence and Christina Lawrence, against Horry County, its police department and Chief Johnny Morgan; the City of Myrtle Beach, its police department and Chief Warren Gall; Horry County police officer Paul Vescovi and Myrtle Beach detective Diana L. Pieterse.

The suit claims malicious prosecution, false imprisonment, gross negligence and false detention and confinement of D’Mitry Lawrence in connection with an arrest of the teen in December that stemmed from two incidents that occurred in the city limits and Horry County’s jurisdiction.

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Charges against the teen were dismissed and in the lawsuit the family seeks damages to be determined by a judge, according to the lawsuit. The family is demanding a jury trial.

Lisa Bourcier, Horry County’s spokeswoman, and Mark Kruea, Myrtle Beach’s spokesman, each said they do not comment on pending litigation against the respective entities.

According to documents from the 15th Circuit Solicitor’s office, the charges against D’Mitry Lawrence were dismissed in late January in both incidents.

The lawsuit claims that on Dec. 2, Myrtle Beach police responded to an incident involving an armed robbery, burglary, kidnapping and breaking and entering at 1310 Apache Drive. Pieterse investigated the incident and on Dec. 8 obtained warrants for Lawrence’s arrest in connection with the incident.

On Dec. 3, Horry County police were called to an incident along Christie McAuliffe Boulevard where three people were robbed and assaulted. Vescovi investigated that incident and obtained warrants for Lawrence’s arrest that day.

The lawsuit claims that the description given to Myrtle Beach police by the victim did not fit the 16-year-old’s body type. Police went to the home Lawrence shared with his parents and little brother on Dec. 8 and the suit claims officers did not allow the family to leave the home or make any telephone calls.

The family was “stunned, humiliated and terrified by the unlawful and frightening invasion of the peace and the privacy of their home,” according to the suit. Police did not find evidence to connect D’Mitry Lawrence to the crimes at the home.

Lawrence was arrested and jailed for 21 days following the incident, according to the suit, which claims the family suffered mental pain and suffering, embarrassment and injury to their reputation from the incident.

Lawrence also was expelled from school during the incident because the arrest impaired his ability to stay current with his high school studies, according to the suit. “D’Mitry is a good student and a quiet-natured young man involved in a JROTC program with plans to enter the military soon after graduation from high school.”

The teen’s family members claim in the suit they suffered because of his absence from the home while he was jailed.

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