Summerville officers involved in Walmart rose selling incident cleared of wrongdoing

SUMMERVILLE, S.C. (WCBD) – State law enforcement, the Ninth Circuit Solicitor’s Office, and Summerville Police have cleared two officers of misconduct after they detained a minor outside a Walmart in April.

Summerville Police announced they received a clearance letter from Ninth Circuit Solicitor Scarlett Wilson absolving Sergeant Kathryn Kirkland and Corporal Dante Ghi of wrongdoing after they arrested a 13-year-old selling palmetto rose outside the Summerville Walmart.

Summerville Police Chief Douglas Wright requested the South Carolina Law Enforcement Division (SLED) investigate the incident after videos of the arrest taking place circulated online. Videos of the arrest raised concerns in the community about over-policing and racial profiling.

SLED completed its investigation on Aug. 14, and the findings were turned over to Solicitor Wilson for final review because the office’s Family Court Division will handle the prosecution of the minor who was arrested.

Initially, the minor was charged with assault and battery due to his allegedly punching Sgt. Kirkland in the eye during the arrest. That charge was reduced to violating town code 16-01, which states it is unlawful to “resist, assault, or interfere with an officer or employee engaged in official duties and failing to comply with lawful order.”

Chief Wright said, “I am proud of each of the members of his agency, as they have not let the incident hinder their enforcement actions. Our officers have continued educating citizens and enforcing our town ordinances and state laws daily.”

When the incident occurred, police said they received several complaints from business owners around North Main Market about individuals selling Palmetto roses and loitering in front of their businesses.

When they asked the individuals selling the roses to leave, police said the minor arrested refused and began to cuss at them. They moved to detain the teen, and he resisted. A struggle ensued, and that is when Sgt. Kirkland was allegedly punched.

Cpl. Ghi then moved “into a top grappling position,” sitting on top of the minor’s back.

The minor’s family retained state representative Marvin Pendarvis to represent them. The SC Supreme Court suspended Pendarvis’s law license in May.  

According to the order, the court appointed a third party to manage Pendarvis’ “client files, trust accounts, escrow accounts, operating accounts, and any other law office accounts” he maintains.

Summerville PD’s full release is below.