Video shows Gastonia officer throw teen to ground; family questions protocol
A teenage boy is recovering from a concussion he says he got when a Gastonia police officer threw him to the ground. Now, 15-year-old Davion Winston’s family wants the officers who were part of the incident off the street.
Police told Channel 9′s Ken Lemon they had good reason to stop him and the others with him. They said officers spotted a group of young people wearing masks and backpacks in an area known for car break-ins. Winston said he was doing nothing wrong.
Video of the incident starts by showing officers talking to a group. About 35 seconds in, you can see an officer and Winston go to the ground. Winston said the take-down happened fast.
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“I landed head-first to the concrete,” he said.
That happened seconds after he told his brother to call their mom for help.
“People who were supposed to protect and serve you and they do stuff like that,” he told Lemon.
He said the morning of Mother’s Day at about 3 a.m., he and some friends left a party to go walking in downtown Gastonia.
Police said they got a call about eight to 10 young people with masks and backpacks near Trenton Mills. The complex, which has had a lot of overnight break-ins, is about a 15-minute walk from Dr. Martin Luther King Plaza, where police stopped the group.
“We ain’t do nothing wrong,” Winston said.
Winston said everyone else in the group showed police their identification or gave their names. He refused, which is allowed under state law, except in one circumstance mentioned by one of the officers.
“It’s called articulable suspicion,” the officer says in the video.
Defense attorney Brent Ratchford said “articulable suspicion” means police can force people to show their identification or give their names if they are searching for suspects of a crime nearby. Ratchford said that’s a stretch in this case.
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“A large group, say it be 3 o’clock in the morning, that might raise suspicion, but that’s not enough,” he said.
No one was arrested, but a medical report indicates Winston had a concussion without loss of consciousness.
“I forget things a lot more,” he said. “I get lightheaded. I feel as though something is not really right.”
His grandmother, Sophia McGill, said the take-down went too far.
“He’s 15, a teenager,” McGill said. “I want justice done. They should just terminate them.”
Gastonia police said they had told Winston multiple times to stop resisting and show his hands.
His grandmother said she is looking for an attorney to file a civil suit against the police department.
Read the full statement about the incident from the Gastonia Police Department below:
“On 5/11/2024 at 3:00 a.m. Gastonia Police Officers observed a group of 8 to 10 individuals wearing masks on their heads and faces, carrying backpacks, and holding flashlights in the parking lot of Trenton Mill Lofts. The Lofts have been a common target for vehicle break-ins. The responding officer explained why he was stopping the individuals. One of the subjects became uncooperative after multiple requests for him to identify himself. For officer safety, the decision was made to detain him. The subject immediately began to resist. The subject was told multiple times to stop resisting and show his hands. Officers were unable to determine the individual’s age because he was uncooperative, however, the juvenile was later released to the custody of his mother. The case was referred to the Department of Juvenile Justice.”
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