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Former South Carolina deputy sentenced for excessive force

The former Kershaw County deputy gets one year in prison for using excessive force during a 2020 arrest in South Carolina.
Credit: Walker Lawson

KERSHAW COUNTY, S.C. — The fourth day of the Jonathan Goldsmith trial ended with the former Kershaw County deputy sentenced to one year in prison for assaulting a suspect during a 2020 arrest. 

The jury deliberated for almost two hours before convicting Goldsmith of using excessive force on Tony Sims, a man he knocked unconscious and tased during an arrest. The incident, captured on body camera, showed Goldsmith knocking out several of Sims' teeth, using pepper spray, and tasing him after he was already restrained.

Before delivering the sentence, the judge expressed shock at the brutality displayed in the footage. 

“I’ve read literally thousands and thousands of incident reports in my life," the judge said. "I've been a prosecutor and a defense attorney. I've been on both sides of it, and I've, frankly, have never seen anyone take the beating that Mr. Sims took." 

"I mean, I was in shock when I saw the video -- full-blown shocked -- that a man was handcuffed and partially inside a car and was tased and pepper-sprayed after he was clearly knocked unconscious," the judge added. 

While Goldsmith could have faced a maximum sentence of 13 years, the judge considered mitigating factors, including Goldsmith’s service as a veteran and his lack of prior criminal history, when deciding on the one-year sentence.

“The verdict was proper; there is no question about that. The evidence was there," Fifth Circuit Solicitor Byron Gipson said. "We’re pleased the jury understood what our belief was the entire time -- that this should have never happened." 

"There was attention and possibly an arrest that needed to be made," he added. "Ultimately, once the handcuffs went on, the victim of this case, Tony Sims, that should have been it. I mean, there are other ways you can manage any other dissatisfaction with the arrest that don't include beating on a person, tasing them on the neck, slamming their feet in the door multiple times, you know, putting your hand over their mouth assaulting them."

During the trial, Goldsmith’s defense argued he was justified in using force due to Sims' non-compliance during the arrest. However, the jury rejected that argument.

“My jaw is still broken, at the time -- at the moment,” Sims said. "I'd like for the maximum on the sentencing possible."

Goldsmith was fired from the Kershaw County Sheriff’s Department less than a month after the 2020 incident. He had previously worked for two other law enforcement agencies in the South Carolina Midlands.

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