CAMDEN, S.C. — Prosecutors continued to build their case Wednesday in the assault and battery trial of former Kershaw County Deputy Jonathan Goldsmith, who is accused of using excessive force during a 2020 arrest.
Goldsmith allegedly knocked suspect Tony Sims unconscious and tased him, actions captured on body camera footage.
Now on its second day, the trial saw key testimony from a South Carolina Law Enforcement Division (SLED) agent who helped gather elements for the investigation.
During Wednesday’s proceedings, the prosecution played surveillance and body camera footage showing the moments when Goldsmith took Sims to the ground, struck him multiple times, and used a Taser on him. The footage also captured a struggle as Goldsmith attempted to push Sims into a patrol car, with Sims’ feet hanging out of the vehicle as Goldsmith forcibly tried to close the door.
In cross-examination, the defense argued that Sims was non-compliant during the arrest, suggesting that Goldsmith’s actions were justified.
“Whether an officer forces an officer or the force that an officer exerts in a situation like that is the officer’s perception at the time, right?” the defense said.
The prosecution challenged the appropriateness of Goldsmith’s actions, particularly questioning whether it was proper police procedure to tase someone with their hands behind their back.
An expert witness, Captain Miller of the Kershaw County Sheriff’s Office, testified that the use of force must be judged from the officer’s perspective on the scene, taking into account factors such as the suspect’s size, level of intoxication, and potential access to weapons.
"Same question, under Kershaw County use-of-force policy, Tony Sims said yesterday the defendant Jonathan Goldsmith put a baton to his throat. When would an officer be justified in doing that?" the prosecution asked Captain Miller.
"I've never been taught that," Miller said.
The defense pushed back in cross-examination, arguing Goldsmith had to use force to get Sims to comply.
An EMS worker who responded to the scene testified that Sims had several teeth knocked out but noted that they were not informed he was unconscious at the time, information they deemed critical for proper medical treatment.
The defense attempted to cast doubt on Sims’ condition, questioning the EMS worker about advanced tooth decay due to drug abuse, which the worker stated they were not familiar with.
The trial also included testimony from a SLED lieutenant who serves as a Master Taser Instructor. The lieutenant reviewed the body camera video.
"As a master taser instructor, what did you see there?" the prosecution asked him.
"As a person with knowledge of the Taser, I saw a Taser being dry stunned to a subject in the neck area," he replied.
"As a master Taser instructor, is that what you teach?" the prosecution said.
"That does not align with the training I received or the training that I give," he replied.
The defense cross-examined the SLED lieutenant, questioning if he ever saw Sims complying.
The court will resume Thursday at 9:30 a.m. at the Kershaw County Courthouse.