Here’s what one motorcyclist says caused him to get maced, arrested during 2021 Bike Week

This story is being updated to report that charges against Kenard Burley were dismissed May 18, 2023. Updated 12:37 p.m. March 27, 2024

A Texas man filed two separate lawsuits against the Horry County Police Department and a former lieutenant for a false search and arrest during bike week of May 2021.

Both filings claim that Kenard Burley, the plaintiff, was approached by former Horry County Lieutenant Thomas Delpercio, at Causeway Bar and Grill during a bike week event. The arrest occurred while Burley, a Black man, was “among mostly white participants, listening to music and showing each other their motorcycles, as is common during motorcycle gatherings,” the first lawsuit states.

After being told to turn his music down and that he would be arrested, Burley reached into his pocket for his ID, where he was then pepper-sprayed by Delpercio. Both suits say that Burley was unarmed, and not intoxicated or in the possession of drugs. The pepper-spray also hit others in the area, according to the filings.

Burley was arrested and charged for violating a noise ordinance, disorderly conduct and resisting arrest, according to the public index. He has a jury trial on the 21st for the noise ordinance and disorderly conduct charges.

There is one difference between the facts of each lawsuit. The first suit, filed on May 2, states that the arrest happened on May 14. The second suit, filed just three days later, says it happened on May 15, which lines up with the charges against him on the public index.

Both suits list different causes of action as well.

The first lawsuit lists improper search, deliberate indifference, and negligence, as causes of action. Attorney Lindsay Johnson could not be reached for a comment when contacted on Monday.

The second lawsuit lists false imprisonment, negligence, and assault and battery as causes of action. This suit also claims that Delpercio “laid hands” on Chelsea Burley, his wife, during the incident. She is listed as a plaintiff.

It’s unclear why there are two separate lawsuits, involving the same incident, were filed for different causes of action as well as different representation for each.

Attorney Alan Topereck, the legal representation for the second lawsuit, could not be reached either when contacted by the Sun News on Monday.

This story was originally published May 9, 2023 at 4:03 PM.